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Can a spouse of a greencardholder get a student visa?

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  • Can a spouse of a greencardholder get a student visa?

    Hey guys,

    Does anyone here know if a spose of a greencard holder can come to the US on a student visa and, if this is unlikely, are there any creative ways around that? Attorneys' advice would be most appreciated!
    Thanks!

  • #2
    Hey guys,

    Does anyone here know if a spose of a greencard holder can come to the US on a student visa and, if this is unlikely, are there any creative ways around that? Attorneys' advice would be most appreciated!
    Thanks!

    Comment


    • #3
      ...define "creative?"

      Comment


      • #4
        Basically, anything that would enable a greencard holder to bring his/her spouse to the US as a student. I am not talking here about getting a student visa under false premises - the person will in fact attend a Master's program. It's just that I heard that getting a student visa might be impossible if one is married to a greencard holder, so I want to know if there are any ways around that.

        Comment


        • #5
          An applicant for an F-1 student visa will obtain one based solely on the merits of their application. The fact that the applicant is married to a permanent resident definitely complicates the application...as immigrant intent is then assumed (non-immigrant intent is required to obtain an F-1 student visa).

          You should also be aware that F-1 student visa holders CANNOT work in America.

          Comment


          • #6
            I know all that. I guess I need to find a qualified attorney to receive advice on how to get a F-1 visa under the circumstances.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Byasha Struzhkin:
              Hey guys,

              Does anyone here know if a spose of a greencard holder can come to the US on a student visa and, if this is unlikely, are there any creative ways around that? Attorneys' advice would be most appreciated!
              Thanks! </div></BLOCKQUOTE>
              A better question is how long before the GC spouse can apply for citizenship.

              The problem with your spouse obtaining a student visa is the simple fact of your relationship. The Embassy or consulate will deny the petition becasue of that fact as dual intent, non immigrant and immigrant intent.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
                An applicant for an F-1 student visa will obtain one based solely on the merits of their application. The fact that the applicant is married to a permanent resident definitely complicates the application...as immigrant intent is then assumed (non-immigrant intent is required to obtain an F-1 student visa).

                You should also be aware that F-1 student visa holders CANNOT work in America. </div></BLOCKQUOTE>
                Partially incorrect. A student on F or J visa can work on campus, that is in America, or can obtain an EAD based on economic hardship. On top of that, you have CPT, curricular practical training, and OPT, optional practical training, which the student can work once studies have been completed.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Byasha Struzhkin:
                  I know all that. I guess I need to find a qualified attorney to receive advice on how to get a F-1 visa under the circumstances. </div></BLOCKQUOTE>
                  You are asking the wrong question. When will you b eligible for US citizenship.
                  "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                  Comment


                  • #10
                    Is she qualified to obtain H-1 visa? Unlike F-1, it allows for dual intent.

                    Comment


                    • #11
                      Hudson: Yes, you're correct that F-1 students can obtain authorization to work part-time on campus, or an EAD based on economic hardship (OPT is for post-graduation). However, such authorizations are usually obtained once a student has already entered America in valid F-1 student status.

                      The U.S. Consulate will not generally issue an F-1 student visa to a potential student who does not show sufficient financial resources to self-finance their education.

                      Comment


                      • #12
                        The best thing to do is to file the I-130..Why try to be creative and end up in more problems....Good Luck..

                        Comment


                        • #13
                          and just why should our embassy officials believe that she will return to her country after her studies instead of remaining in the US with you????????????????/
                          (hint: no lawyer on the planet can explain this...so think again about shelling out big bucks to some immigration attorney...they cannot change any visa decision, they have NO power over the consular people....)..
                          bottom line...her interview will last about 11 seconds....because what can she truthfully say about why she would return? Because her parents are old or sick? Well, if she can leave them for some number of years, why can't she leave them permanently?
                          She has no chance.....because there is no chance she would return...none...no matter how much money you plant in her bank account, no matter what kind of silly "job offer" she waves at the embassy officials...no matter what stupid notarized document she tries to present....none of those will guarantee her return...and thus....no student visa.

                          Comment


                          • #14
                            There are zero chances for your foreign spouse to obtain a student visa when he/she is married to an LPR (you).
                            It is hard enough to obtain such a visa when the applicant is a TRUE student with the intent to return to his/her home country.
                            Being married to a LPR simply tells the officer that person is an intending immigrant and therefore ineligible for F1 Non Immigrant status.
                            The fact that spouses of LPR have to wait extended periods of time outside of the US before getting immigrant visas only reinforces the issue. The officer will justly figure out that application is just intended to "bypass" the waiting time.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by helptoanyone:
                              There are zero chances for your foreign spouse to obtain a student visa when he/she is married to an LPR (you).
                              It is hard enough to obtain such a visa when the applicant is a TRUE student with the intent to return to his/her home country.
                              Being married to a LPR simply tells the officer that person is an intending immigrant and therefore ineligible for F1 Non Immigrant status.
                              The fact that spouses of LPR have to wait extended periods of time outside of the US before getting immigrant visas only reinforces the issue. The officer will justly figure out that application is just intended to "bypass" the waiting time. </div></BLOCKQUOTE>

                              Well, what if people divorce and then the woman applies separately? The embassy will have no way of knowing if she ever was married since she never legally changed her name. I guess that would be a way to go.

                              Comment

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