F-1 or I-130? Please advise.

[encorebreak]

Hi,

I am a US Citizen, currently in Pakistan. I was raised in the US, but came to Pakistan, along with my parents, to study. In December, 2004 I got married to a Pakistani national. I plan to return to the US by 2008 at the latest, and would like to take my husband along with me.

He has done an MSc, but wants to do another masters in the USA, and so will be applying to programs this September for Fall, 2007. My question is: should he apply for an F-1 student visa and then later on when he is in the US and has completed his studies, apply for a Green Card through an I-130? Or should I apply for him as the spouse of a USC right now? I'm worried that if I apply though an I-130, his visa will not come through in time for him to attend the Fall, 2007 semester. He is planning to apply to several universities, has very good grades, and a good financial background, and in addition, will most probably be offered a USAID scholarship to any university of his choice, which I think would help in his getting admission to a good university. A question aside - would his applying for a Green Card though me result in his scholarship being canceled (since it is for Pakistani students who would normally not be able to attend college in the USA - the conditions deem anyone with USC parents or children as ineligible for the scholarship, but does not mention having a USC spouse). I realize that this forum doesnt have anything to do with USAID policies, but maybe someone would have an idea?

Please advise me on what course to take - should I apply for him through an I-130 immediately and hope that his visa comes though before Fall, 2007, or should he apply for an F-1 visa when he gets into a school? Is there a chance that the I-130 will be processed within a few months, in time for us to go to the US before school starts? (How long does the I-130 normally take, anyway?) As far as support is concerned, my father, a USC, is willing to sponsor me and my spouse until we get our lives on track, and I am planning to start work immediately upon reaching the US.

Also, to apply for a K-3 visa, does the USC spouse need to be IN the US at the time of application, or can he/she apply here in Pakistan and then go to the US and await the spouse there?

Sorry for the long post! Thanks!

[payala]

I am pretty sure you need to be in the US to submit an I-130...might be wrong.

What I do know is that you can never be sure how long the process is going to take. In my opinion it would be easier for him to get an F1, I got mine really fast. But I have heard of some people that got their visa denied, based on what you said, it will probably not be the case. If you start his process after he gets here as an F1 nothing will change, except that he won't be able to work without an EAD or leave the country without an AP...

[Addie_Goodvibes]

Your case may be faster if he applies for F1 comes to the USA, then you both get married here, and you would file an I-130 concurently with him filing an I-485 Adjustment of status. ALso if he plans on working while waiting for his GC then he would also file an I-765.

I am not sure how long the approval takes for F1,proccesing times depending on state and ciscumstances could be anywhere from 3-6 months. I think having you both in the US will make the process quicker.

My wife entered on a Visa Waiver tourist Visa and we were married while she was here. I understand that is not the best way to do it and it is in violation of Immigration laws to enter on a non immigrant visa with intentions of immigrating, but so far our case in going along smoothly.

[encorebreak]

Thanks. I'm only worried about his F-1 getting rejected when he states on the form that his wife is a USC, which would show that he has immigrant intent. In which case, we'd be left without an F-1 and without an I-130 in process.

Can one apply for both visas at the same time? ie, I-130 and then later on (when the university sends him the I-20) an F-1? Or is that illegal? Well, I guess it would be frowned upon, because obviously having already applied for an I-130 would show immigrant intent! But, are you allowed to at least apply for both at the same time?

Thanks!

[dr_lha]

Personally I think you're right to be worried about his F-1 being rejected, and even if he does get it, then he stands the chance of being refused entry to the USA if the immigration official gets wind of the fact he is married to a USC. Any immigration intent is cause for rejection of such visas I believe, and from the sounds of your email your intention is to move to the USA permenantly.

I think you would be much better of going the Direct Consular Filing route, starting soon, and then moving to the USA when it comes through, that way there can be no question as to the legality. If you want to go the way of getting F-1 for speed, I would seriously consider consulting a immigration lawyer as to the possible pitfalls.

[pvkby]

Originally Posted by encorebreak

Please advise me on what course to take - should I apply for him through an I-130 immediately and hope that his visa comes though before Fall, 2007, or should he apply for an F-1 visa when he gets into a school? Is there a chance that the I-130 will be processed within a few months, in time for us to go to the US before school starts? (How long does the I-130 normally take, anyway?) As far as support is concerned, my father, a USC, is willing to sponsor me and my spouse until we get our lives on track, and I am planning to start work immediately upon reaching the US.

Also, to apply for a K-3 visa, does the USC spouse need to be IN the US at the time of application, or can he/she apply here in Pakistan and then go to the US and await the spouse there?

I think F-1 is VERY RISKY, as it has been mentioned you probubly will run into a problem at the embassy, but even if they overlook it, when enetering the US, at the POE there is always a chance they might not let you in if they see an immigrant intent (and they probubly will)...I think having over a year before you plan to eneter US you best options are either an Immigrant Visa for a Spouse (IR1 or CR1) or a Non-Immigrant visa for a Spouse (K3). Just visit USCIS website (you can find info about these two visas here http://travel.state.gov/visa/immigra...s_1315.html#1c). Meet with a lawyer for an hour get some leagal advise and you'll be fine.... The main thing is to jump on it right away, the longer you wait, the lower your chances to get it all in time... Good luck!