Student Visa or Tourist Visa with pending I130 and F2A Filing

[MrPonjikkara 0]

Hello all,

 

I am a green card holder and I have filed I130 for my spouse and the process is going on to bring her here through family based immigration as my dependent. While this process is going on can she apply for tourist visa or student visa with full disclosure of her pending I130? ANy one here who went that route and had any luck? Please share your experience and any advice or tips? Thanks in advance.

 

Regards,

J

[Unlockable 7,306]

Tourist visa, yes. But they will see she has a pending immigrant visa and likely deny it. But we have seen a few that was granted even though they have a pending immigrant visa.

 

Student visa would likely not happen. 

 

Basically if you apply for too many visas they will see you as "visa shopping". And that will give them a big red flag.

[MrPonjikkara 0]

@unlockable

 

Thanks for your input. I am confused which one to go for. My mind is inclined towards student visa. My spouse is a data science Engineer in India and she would like to pursue higher studies in a reputed school in US and I think that will help her get a better job and in turn be useful for US in developing stuff, will the case officer see it from that angle?

One problem is she already has Masters in computer applications not her job field. She wants to pursue masters in data science('big data' courses mainly which is hot right now) . SHe has been data engineer for 6 years now and wants to better her craft basically.

 

Tourist visa.......... in this pandemic situation.... I am not sure about it. But still is there any links or posts that you have commented or something in the site to forward me here. I would like to read peoples experiences. Thanks again, appreciate your time.

 

Regards,

J

[SusieQQQ 11,584]

1 hour ago, JKotti said:

@unlockable

 

Thanks for your input. I am confused which one to go for. My mind is inclined towards student visa. My spouse is a data science Engineer in India and she would like to pursue higher studies in a reputed school in US and I think that will help her get a better job and in turn be useful for US in developing stuff, will the case officer see it from that angle?

One problem is she already has Masters in computer applications not her job field. She wants to pursue masters in data science('big data' courses mainly which is hot right now) . SHe has been data engineer for 6 years now and wants to better her craft basically.

 

Tourist visa.......... in this pandemic situation.... I am not sure about it. But still is there any links or posts that you have commented or something in the site to forward me here. I would like to read peoples experiences. Thanks again, appreciate your time.

 

Regards,

J

To be honest, I’d be surprised if she gets either type of visa, especially with F2A current at the moment suggesting she is just trying to jump the queue.

 

A student visa is a non immigrant visa. She needs to convince the officer she will go back to india at the end of it. How can she do that with a filed i130? If you apply now it will certainly be looked at as an attempt to circumvent the EO by putting her in a position to file for adjustment (allowed where visas are banned).

[MrPonjikkara 0]

@SusieQQQ

 

for student visa, the course that she is aiming for is a 2 year course. Within that time frame hopefully I130 gets approved and then status adjustment can be done from F1 to green card may be? Am trying to see if the case officer will see this perspective or is the general attitude to see all the cases as trying to break the law. I am very new to this. Trying to see what the experiences people have had here. 
Her student visa will only have a good chance only if she gets into real good university! Otherwise I don’t see the case officer favoring someone getting into an average university. 

Thanks again for your question and it makes me think more and more and get more perspective. 
 

For the tourist visa If she doesn’t get into a top university, I think she would be able to get a sabbatical and show getting back to work after 4-5 months. She can get a company letter about it. Her company is a descent IT sector company famous around the world, so the legitimacy of that won’t be a question if feel. Also she can show her lease and loan commitments that she shares with her mom... will that make a descent proof?

[SusieQQQ 11,584]

31 minutes ago, JKotti said:

for student visa, the course that she is aiming for is a 2 year course. Within that time frame hopefully I130 gets approved and then status adjustment can be done from F1 to green card may be

well of course the officer is going to see that, and suspect that that is exactly why she's doing this. Which face it, you're bringing up now, it's clearly a motivation for going this route.

 

Anyway, you do know that the deadlines for all graduate programs starting in the fall at top universities are long past, right? She'd be looking at fall next year to start (maybe one or two of them offer a spring start to graduate programs, not sure). By that time she'd probably be about ready to come on her immigrant visa anyway.

 

32 minutes ago, JKotti said:

lso she can show her lease and loan commitments that she shares with her mom... will that make a descent proof?

No, because she plans to leave them behind anyway when she emigrates, right?

 

Not trying to be argumentative. Just looking at it from CO perspective.

[Boiler 43,433]

Both the B and the F are non immigrant visa's.

[geowrian 22,335]

14 hours ago, JKotti said:

for student visa, the course that she is aiming for is a 2 year course. Within that time frame hopefully I130 gets approved and then status adjustment can be done from F1 to green card may be? Am trying to see if the case officer will see this perspective or is the general attitude to see all the cases as trying to break the law. I am very new to this.

By law, the CO must presume she intends to immigrate unless the applicant has established otherwise.

She cannot enter on a B or F visa with intent to stay (even if there is also intent to study). That would be fraud. The presumption is that she would try to do exactly that. At every entry, the applicant must have the intention to return home.

As a heads up, there is no need to wait for the I-130 to be approved for AOS. F2A is current right now so concurrent filing is possible.

Edited April 24, 2020 by geowrian

[SusieQQQ 11,584]

1 hour ago, geowrian said:

F2A is current right now so concurrent filing is possible.

Which is why a non immigrant visa would be so suspicious!

[arken 4,197]

If going for student visa, what would your wife’s answer be when the CO asks her “Why do you want to study in the US?”

[Pinkrlion 2,607]

It will look like you are trying to circumvent the immigration process.  She is free and able to attend any classes she so chooses when she comes to the US on her F2A.  

[MrPonjikkara 0]

@SusieQQQ

What you say about the admission deadline date is one of the roadblocks we are facing. Most of the top school deadlines are over. I need to figure out how to maneuver around it, like finding a school. About the time line I filed i130 recently and me being LPR, the processing time is at least 9 months plus and then the time with NVC processing... I am looking at at least 15 months. But if I can find something for fall admission then it might work better.

If you think Student visa is pretty tight. what are the chances of visitor visa in your opinion?

 

@Boiler

I understand these are non immigrant visas but due to long processing times for F2A category, I was trying to see if there is anyway my wife can visit me. Off course legally. She does wanna pursue some higher education here. I think it will help her get a great job and also make some new friends and socialize a bit. I understand there is standing petition just trying to see if a visitor visa or student visa can be considered.

 

@geowrian @SusieQQQ

my spouse is out of USA. So AOS is not possible for. She has to go through consular processing for which she needs i130 approval which is a long process for f2a category. I dont think I can do concurrent filing for consular processing. It is only possible for AOS from my understanding. Correct me if am wrong.

 

@arken

SHe can basically tell what ever she has put down in her essay for the school. Most of the grad schools require the candidate to tell why she wants to pursue the course in an essay form. And as I said she is a data science IT project Engineer. She handles the account of one of the iconic US apparel company. Their account is handled offshore and she is one of the senior engineers in that. I think if she tells her background and tell her future plans to work in the data field and be transparent that she does have an existing i130 it should be fine. But the CO can reject or accept. That is 50 50.

 

@Pinkrlion

I understand what you are saying. We are not trying to cheat to extend her stay and break any rules. Just trying to see if she can come here on either of these options.

 

To all, I am not here to argue with anyone. I am just posing a question and see if this is a feasible option. Getting approved or rejected, I will leave that to god and fate. Please dont discourage me. Rather please tell me if this is an option that we can proceed and see if we get lucky or not.

 

I hope someone who has gone through such a process would comment here. Thanks all for commenting and having a conversation. I appreciate it. 🙂

 

[Boiler 43,433]

From the Student perspective I would have assumed she would have an idea as to where she would want to study, which on the basis the US is a very big country may well not be near where you live.

 

Tourist visa, well I would go for it, well when things open up.

 

AOS, at the moment her visa number is current so adjusting is possible, historically the wait has been a couple of years.

[MrPonjikkara 0]

@Boiler

Thanks for the reply. Yeah 4 of the schools that she wanna pursue with is kinda close by, not ideal but do -able.. We are looking into it.

 

Thanks for your suggestion on tourist visa. We were thinking try student visa first and then try tourist visa. I don't know if getting rejected for student visa will pretty much make put her tourist visa under scrutiny. I suppose there will be somewhere in the form that says have you ever applied any other visa before and asking for details. If that's the case We will try tourist visa first. We are still confused about it and researching whats the best.

 

About AOS, isn't AOS only possible when the person is USA? Since she is outside she has to do consular processing, AOS is not possible I guess. That's what i understand when I read from USCIS website. Please correct me if am wrong and tell me the process. Thanks again for your reply and your opinion, appreciate it.

[Boiler 43,433]

The assumption would be that she would enter as a tourist or student and file to adjust. I am not sure which would be a better fall back, probably either way the second option would be difficult