merks

Your best bet would be to file the I-130 and have your spouse wait until he gets the visa to attend school. This is because it will be next to impossible for him to get a non-immigrant visa (such as a student visa) while married to an American and obviously no intentions of returning to his home country. Non-immigrant visas are for people who want to study in the US and then leave, the he would be required to show proof of his intent to return after his studies.

Also, the fees for an international student are MUCH higher than that of a green card holder

good luck

Thank you for the response. I definitely agree about the student fees! I had been reading through various forums and people had been mentioning about K-3 and changing status but I'm not sure how this works with the F1 visa. It is very confusing and I don't want to make the mistake having my spouse deported or block from entry to the US or having the visa refused. Of course, the waiting from the visa would be the easiest but we wanted to know if there are other choices other than waiting.

I have been married for several months. The marriage took place in the U.S. However, my spouse wants to study in the U.S. and is currently living and working abroad. We have not file for the I-130 yet as a result of the above reason.

My question is that our original intent was to file for IR-1/CR-1 but does this affect on my spouse's ability to get F1 when they get accepted to grad school? Or should we file a different visa. I have read through different posts regarding school but am still confused on the correct procedure.

My understanding is that under IR-1/CR-1 visa, the spouse can visit as long as they have proof they have no intent in staying in the US and just temporarily visiting (return ticket, proof from employer etc...). However, if the foreign spouse is looking to attend school while the visa is being processed, how do we handle this? It is obvious that once the visa is approved, that they will be staying here permanently.

Thank you!

This sounds like a plan - you shouldn't have to worry. Read the I130 guide here - you do not have to send the Beneficiary's Passport or Birth Certificate with the initial I130 application. The I130 is really about the petitioner and not the beneficiary.

The main legal document required in the I130 is the Marriage Certificate - and it sounds like you are able to manage the changes you need for this in NYC.

Thank you for the encouragement!

Thanks for all the replies. My fiance is from South Korea and the month discrepancy for the DOB is because of school.

I am pretty sure that the marriage license can be changed with a copy of the birth certificate in NYC.

Based on everyone's feedback -- sounds like it should be okay to get married as long as we can change the marriage license to match her birth certificate. We are changing the passport DOB but I didn't know how long it will take to get this done before our planned marriage date in the US. Our plan is to match the birth certificate DOB for all the documents. And we should be able to do this before NPV period.

Does this sound right?

Here is the situation.

My fiance's birth certificate has the correct date of birth. But there is an incorrect date of birth by one month on the passport. However, we just apply for a marriage license in the U.S. and planning to get marry soon. Since we are using her passport as a form of ID, the marriage license will reflect the wrong DOB. We do plan on correcting the passport DOB to reflect the correct date when filing for I-130 and other forms for CR-1 Spouse Visa.

Will this cause problems for Spouse Visa if we get married with the wrong date of birth? Or is it better to wait to correct the passport first? If we do marry with the wrong date of birth, what are the options to prevent backlog and problems when filing for I-130 and all applicable forms for the Spouse Visa and Consular filing?

I assume that the passport DOB can be changed as long as the court sees a valid Birth Certificate. How long does this normally takes or does it depend on the country?

Thanks!