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Results 1 to 6 of 6

Thread: Which is the appropiate visa?

  1. #1
    Mu cousin is a USC. She's been living in Colombia for the past 10 years and married a Colombian man.

    She now wants to come to the US the get her Master's degree and hubby is coming along. He already has a visitor's visa and has come to the US several times.

    Does hubby need some kind of F visa (as dependant) even tough she main student is actually a USC and wont have a visa? Or does he simply need spouse visa (green card)? Does he need to get his Green Card in Colombia or can he do it in the US (entering with his turist visa)?

    BTW, they plan to go back to Colombia after the 2 years (and probably travel there in between).

    Thanks for any help.

  2. #2
    Mu cousin is a USC. She's been living in Colombia for the past 10 years and married a Colombian man.

    She now wants to come to the US the get her Master's degree and hubby is coming along. He already has a visitor's visa and has come to the US several times.

    Does hubby need some kind of F visa (as dependant) even tough she main student is actually a USC and wont have a visa? Or does he simply need spouse visa (green card)? Does he need to get his Green Card in Colombia or can he do it in the US (entering with his turist visa)?

    BTW, they plan to go back to Colombia after the 2 years (and probably travel there in between).

    Thanks for any help.

  3. #3
    His best bet would be the spousal visa, Cayita. He can't enter on a tourist visa and then apply to adjust status as it could be considered fraud, particularly if he lies about his intent to immigrate upon entering (and he wouldn't be granted entry if he's honest). With that said, your cousin needs to contact the nearest US Consulate/Embassy in Colombia as they should be eligible to utilize Direct Consular Filing. This means all the paperwork goes through the Consulate and it's generally processed a lot faster.

    Having the immigrant visa means he will have no hassles with school or work. Also, if they can hold off their plans on returning to Colombia for an extra year or so, he's eligible to apply for naturalization 2 years and 9 months after the green card is granted (provided they are still married). They will need to be careful about travel in between to make sure they comply with the residency requirements for both his LPR and potential Citizenship.

    Good luck
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  4. #4
    Yes, I agree with what he says above. Contact the US Embassy asap and they will tell you exactly what you should do that will be best for your situation. Since their stay will be temporary, there may be other faster options for them if getting a green card is not a priority.

    Buena Suerte!

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  5. #5
    If the USC spouse is not intending to live in the U.S. there is no non-immigrant visa that allows an alien to live in the U.S. for such a long time. The only option is using the B-2, but you must spend at least 6 months each year outside of the U.S.

  6. #6
    With the B2, he also can't work or go to school.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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