Relinquishing Green Card to get another visa?
- Thread starter desiguy01
- Start date
TheEnquirer
Registered Users (C)
with what they predict with PERM process probably its NOT a bad idea !!!!
Yes... Getting married
Yes Arizonian ,
The idea to relinquish came up while considering ideas to sponsor spouse's GC or visa to the US. One option to speed up the residency for both of us is to relinquish the GC and reapply for another visa (H1, L1 etc) and then reapply for GC after moving back to the States.
Any thoughts, inputs? Or other suggested alternatives? (Of course, this means that the citizenship clock is reset and all).
The question would be: could one apply for another (dual intent visa) without relinquishing the GC?
Yes Arizonian ,
The idea to relinquish came up while considering ideas to sponsor spouse's GC or visa to the US. One option to speed up the residency for both of us is to relinquish the GC and reapply for another visa (H1, L1 etc) and then reapply for GC after moving back to the States.
Any thoughts, inputs? Or other suggested alternatives? (Of course, this means that the citizenship clock is reset and all).
The question would be: could one apply for another (dual intent visa) without relinquishing the GC?
desiguy01 said:
Yes, depending on her qualifications/education/line of work, a dual intent visa like H1B would be an ideal choice. That way you do not have to relinqish your GC, and she gets here too. Something like F1 or J1 is out of the question because a PR spouse in US indicates an intention to immigrate.
F1 visa is best. You can get married after she comes here. Just because a fiancee is a gc holder does not mean that a person cannot come to the US to study.As long as the main intent is to study while applying for the visa there is no fraud. Even I came to the US as an F1 student and while applying for the visa, fully intended to look for a job and apply for GC, but yet it was perfectly legal as the intent was long term and the immediate intent was to complete my studies. As long as you recognize this fact you are OK and you really don't need to listen to anybodyarizonian said:
hipka said:
In general purely non-immigrant visa applications like F1 are reviewed and scrutinized more carefully than some other visa types. Any immigrant intent is a sure shot for denial. Visiting various F1 visa forums I noticed that even if existence of fiancee/finace and immigrant intents were not disclosed, most of times the visa were denied for one the two reasons (or both) -
- Not a bona fide student (due to absence of study/research related activity in last few years).
- Not having enough tie in homeland.
Especially, it becomes tougher for female students from certain regions of the world where girls get married within certain age range (with a few exceptions). I guess, from the perspective of consulate interviewers it becomes suspicious/doubtful why a girl of marrying age suddenly wants a student visa even though she is not doing any study/esearch related activity in last few years.
Continuation of study, good credentials, scholarship or intention of doing very specific type of study can remove that doubt. But without removing these doubts from interviewers mind, it's going to be difficult to get F1 visa.
hipka said:
Did you disclose your "minor" intent or "long term" intent at consulate or at POE? If you cannot disclose for the fear of getting F1 rejected or entry denied, then how come it becomes "perfectly legal"?
curiousGeorge
Registered Users (C)
JoeF said:
This case wasn't denied due to the immigrant intent, but rather becasue the F1 requirements were not fulfilled. Do not confuse the two. Denial of citizenship with regards to the link you try to make to immigrant intent in this case is a long shot at best.
I know many people who were on a TN status, applied for AOS, later got a green card, and eventually citizenship. The same would apply for F1, as long as the F1 visa requirements were fullfiled (ie attending school)
curiousGeorge
Registered Users (C)
To qualify for an L1 you need to be working for a subsidiary of that company for at least 1 year outside of the US, so that they can transfer your position to the US. So if you're not already working for subsidiary, then your options are limited.
True -- F1 visa is scrutinized more than others. True -- Immigrant intent at that point is sure shot for denial. In this case however, the student only intends to complete her studies in the US. Her getting married is not her IMMEDIATE intent on entering the US. Also the fact that she will complete the course removes any doubt about fraud later.pralay said:
F1Visa denial reasons
-- Not a bonafide student : This is valid, the student must have recently completed(within 1 yr) or actively completing some course in India.
-- Not having enough ties to homeland: You can counter this by showing property, bank acc. etc.
pralay said:
Consulate officers don't discriminate between male/female applicants.If a female truly intends to complete her studies, most likely she will get the visa. I have seen several ladies,studying in univs. here and they have had no problem getting the visa (some of them have worked more than 1 yr!).
The only intent that needs to be disclosed at the consulate is the immediate intent of entering the US (i.e. to complete studies). What we do there after completing this objective, does not need to be disclosed at the consulate. i.e. we can choose to look for a job/get married/come back to home country etc. it really does not matter.pralay said:
JOEF:
The guy you are talking about never attended the university. Thats a clear violation of the law. Also he did not depart the country when his F1 extension was denied. He has committed two gross violations, no wonder he is in trouble. In this case however F1 is the best and 100% legal route, desiguy just needs to remember that his fiancee sucessfully completes her study on entering the US.
Point to note here is that you become a fiance/fiancee only after a formal engagement. Informal agreements between the partners have no legal value. YSo if the OP is not formally engaged then this argument is pretty useless.JoeF said:
Basically I am advising that she comes here to study. This has the double advantage of getting a degree as well as living with the partner. Also unlike H1/L1 both duration and location of stay in the US can be decided by the individual and not by any employer.JoeF said:
If his only objective is to bring her here to live with him then I am afraid there is no visa for that. Even with H1/L1 you need to work in the US to stay in status. I simply don't understand why people recommend H1/L1 when the only objective is to come here and liveJoeF said:
hipka said:
Because H1/L1 allows to have both intents. Basically you can have intent to work + intent to live (immigrate) here.
On the other hand, F1 does not allow both. If someone has intent to study + intent to live (immigrate) here - then his/her F1 visa application is toast.
hipka said:
Unlikely property like house, bank becomes a factor for F1. Those are parent's property. In certain situation it works - especially if parents have business properties and the visa applicant can link his/her future with that. That's the very reason the sons of indutrialists and businessmen get F1 visa for MBA very easily, but a student from middle-class family have a hardtime to get F1 for his MA or MS.
hipka said:
It's not a question of discrimation. Based on the gender there are lots of factors differ while determing the intent or eligiblity of visa. For example, in recent years male students from middle-east and china gets more security and background checks.
I am not talking generic term that always females get more scrutiny. I am from a school in India where 80% students from bio-tech departments coming to USA for Phd are famales and they always get their F1 visa. In fact visa rejection is very unsual thing for them. They graduate from Msc degree fresh off and then come to USA for Phd in good colleges where they already have good connections with professors, reseach-scholars. All these factors play roles.
hipka said:
Intent is intent. There is nothing like that intent for next 6 months or next 6 years. Do you think consulate will give give someone F1 visa is he tells "my intent for next 2 years is study and I am NOT going to disclose my intent after 2 years"? The basis of F1 is that if the course takes 4 years, when you going to apply F1 visa you have intent to return homeland after 4 years. Now, based of the opportunity, scope, situation the intent can change while studying or after study, which is perfectly fine.
-- The thing is intent is demonstrated by past and future actions not by thoughts. If the formal engagement is not over then I don't understand how an intent to immigrate is established. This means that if someone in india falls in love with a US citizen, he/she is automatically ineligible for F1! (are you guys joking?). The intent in F1 is always to study which is what I am pointing out. What the person does after he fulfills this objective is not relevant. So if he/she gets married after about 3-4 months after joining a univ. it does not violate any intent made during application of F1 visa. Extension of the F1 is another story because your marriage has DEMONSTRATED an INTENT to immigrate. Merely agreeing informally to marriage does not constitute intent!pralay said:
hipka said:
I don't think so. Intent is all about your future plans/actions. Now, a person can lie or not truthful about his future plan, that's a different story. But it still about future plans. And that's the very reason there are consulate interviews - getting a hint of applicants actual intent.
