F-1 Visa Sponsorship for Girlfriend

[robinthick 0]

Hey guys,

 

I'm a US Green Card holder. I'm able to apply for citizenship already but it's going to be a while (1-1.5 year) before I receive it. My girlfriend is a Polish citizen. We plan to be together long term.

 

From my research, I understand that the most time effective way of bringing her to the country is to wait until I receive my citizenship and bring her as my fiance. This way we do not have to wait in extensive waiting periods that apply for spouses of Green Card holders. There is no doubt that we will get married and live together in the US. However, we will not be doing so until I have my citizenship in hand, simply because it's the fastest route.

 

In the meantime, I hoped to go back and forth: 4-6 months together in the US and 4-6 together in Europe at a time. However, she got denied a tourist visa due to 214(b) of course. She tried twice. Both denials. We are currently in a position where I can't leave the US, due to residency requirements for my citizenship application (was just there for 5 months) and she can't come in any way to the US. Which is obviously horrible for both of us.

 

My second approach is for her to enroll in an intensive English course on an F-1 visa with my sponsorship. Improving her English and possibly going to college later is definitely a great path for her.

 

My question for you guys is, do you think it makes sense to go this route or is this doomed to get denied by the Consular Officer during the interview due to 214(b) again?

Edited March 13, 2019 by robinthick

[aleful 1,905]

hi

 

not really, the fastest is to marry and file for her, the process is taking over 2 years, from what you are stating, the wait will be longer if you wait until you become a US Citizen and file for a fiancé visa

 

she will most likely be denied a student visa, she was denied because she didn't have strong ties to her country, especially if she disclosed that she had an American boyfriend, what makes you think that she will get a student visa? she will have to show the same strong ties to her country and that she will return, she was already denied twice for a tourist visa, she would seem like she was desperate to come

 

if you marry now, and file for her as soon as possible, she will probably be here sooner than any other petition, and she will enter and be able to work immediately.

 

[p-ana 933]

It will look like visa shopping. You can try but with two denials in her file it will be very hard to get an approval

[robinthick 0]

From what I researched, just the waiting period for spouses of Green Card holders are about 2 years long. Then the processing period starts which is another 1-2 years.

 

When I'm a citizen applying for her to come as my fiance, there are no waiting periods due to highest priority so there is only processing period - which for fiance visas is reasonably fast.

 

Also, I'm not very willing to get married under Polish law. I'd much rather get married in the US.

 

Does it make any sense? Please, correct me if I'm wrong.

Edited March 13, 2019 by robinthick

[Dashinka 23,230]

7 minutes ago, robinthick said:

From what I researched, just the waiting period for spouses of Green Card holders are about 2 years long. Then the processing period starts which is another 1-2 years.

 

When I'm a citizen applying for her to come as my fiance, there are no waiting periods due to highest priority so there is only processing period - which for fiance visas is reasonably fast.

 

Also, I'm not very willing to get married under Polish law. I'd much rather get married in the US.

 

Does it make any sense? Please, correct me if I'm wrong.

You do not have to get married in Poland.  Also, if you apply for an F2A soon after you get married in any country, that gets the clock started at least, and if you gain your citizenship in the interim you can convert the spousal application to CR1/IR1.  Here is a thread that may help.

 

Good Luck!

 

 

[EandH0904 1,184]

11 minutes ago, robinthick said:

From what I researched, just the waiting period for spouses of Green Card holders are about 2 years long. Then the processing period starts which is another 1-2 years.

 

When I'm a citizen applying for her to come as my fiance, there are no waiting periods due to highest priority so there is only processing period - which for fiance visas is reasonably fast.

 

Also, I'm not very willing to get married under Polish law. I'd much rather get married in the US.

 

Does it make any sense? Please, correct me if I'm wrong.

The fiance Visa is currently taking 8-10 months. Spousal Visa for green card holders is about 2 years...not 2 year wait and then its processed.  Its processed, approved and then you wait for your priority date to become current.  So if you become a citizen during the process and already are married with spousal Visa in place then your priority date will not matter. So roughly she could be here shortly after your citizenship.  Not waiting another 8-10 months for fiance 

[robinthick 0]

@EandH0904 @Bill & Katya thanks for your feedback.

 

Just to make sure I understand. If we get married now and apply for a spouse of GC holder visa, the processing will start and the visa will get approved fairly quickly, but won't be issued until the visa number is available due to the waiting period. However, if I become a citizen in the meantime, thanks to the highest priority, the visa number will be issued immediately. Is that correct?

 

Also, do you know of any way for her to come to the country in the meantime? Or do you know of any way for me to go to Europe without losing my ability to apply for citizenship?

[Khallaf 646]

14 minutes ago, robinthick said:

@EandH0904 @Bill & Katya thanks for your feedback.

 

Just to make sure I understand. If we get married now and apply for a spouse of GC holder visa, the processing will start and the visa will get approved fairly quickly, but won't be issued until the visa number is available due to the waiting period. However, if I become a citizen in the meantime, thanks to the highest priority, the visa number will be issued immediately. Is that correct?

 

Also, do you know of any way for her to come to the country in the meantime? Or do you know of any way for me to go to Europe without losing my ability to apply for citizenship?

that is correct, you can get married now start the process, and the moment you have your citizenship certificate you can get it changed and she will be given NVC case number pay fees and an interview will be set up.

[Roel 7,191]

You can travel to Europe freely just dont spend a huge amount of time there. 

 

Since she was denied tourist visa twice already then there is no real chance that she will come visit you on any non immigrant visa. 

 

Just face the fact that immigration often means being separated from your family. Deal with it like an adult. Thousands of people are separated like this and they are fine  

[Crazy Cat 39,206]

To get an F-1 visa, she would have to prove that she has no immigrant intent.........she won't qualify.

[WeGuyGal 1,052]

1 hour ago, robinthick said:

 

Also, do you know of any way for her to come to the country in the meantime? Or do you know of any way for me to go to Europe without losing my ability to apply for citizenship?

With a US bf, and being denied twice for a B2, no way for her to come to the US any faster. You do realize immigration takes time, right? 

 

Best for you to plan a wedding in Europe where she could travel also, travel there for a few days to get married, and start the F2a process once in the US. Would take approx 24 months from that point on. 

[SusieQQQ 11,584]

1 hour ago, robinthick said:

@EandH0904 @Bill & Katya thanks for your feedback.

 

Just to make sure I understand. If we get married now and apply for a spouse of GC holder visa, the processing will start and the visa will get approved fairly quickly, but won't be issued until the visa number is available due to the waiting period. However, if I become a citizen in the meantime, thanks to the highest priority, the visa number will be issued immediately. Is that correct?

 

Also, do you know of any way for her to come to the country in the meantime? Or do you know of any way for me to go to Europe without losing my ability to apply for citizenship?

Understand that while the visa number is available immediately for a USC, the visa itself isn’t - there is processing time involved. Usually around a year from application to green card. Vs the LPR spouse route of a total around 2 years, maybe a few months longer. That’s why people are telling you to apply now.

 

and no you need to meet the physical presence and continuous residence requirements for citizenship. If you want both marriage and citizenship unfortunately you guys will need to bear a long distance relationship for a while.

Edited March 13, 2019 by SusieQQQ

[Boiler 43,423]

Coming for ESL seems very weak, perhaps a Bachelors or Masters, Phd whatever at a name Uni?

[carmel34 3,529]

You can't sponsor her for an F-1 visa, she would have to apply on her own and show that she has sufficient financial resources to pay for everything, the very high tuition, living expenses, travel expenses, health insurance, etc. with her own financial resources, and show intent to return to her home country following completion of the studies in the US.  If you, as her fiancé, submit a letter of financial support for her F-1 visa application, what do you think the CO would make of that?  Right.  Immigrant intent and denial.  Unfortunately the only way to deal with a long-distance relationship is lots of patience and waiting...

[Boiler 43,423]

I doubt many F1 Students can pay their own way.