AOS for spouse of USC on student Visa , Possible?

sreeleshk

Registered Users (C)
if the spouse of a USC enters america on a student visa can that person adjust his/her status AOS. as an IR of USC?
 
A person can do marriage-based AOS in almost all cases when the entry into the USA was legal.

If the student enters USA on F-1 visa and then immediately applies for AOS, then it would not look good because it would mean that the non-immigrant F-1 visa was not obtained in good faith. I am not sure if it can prevent AOS, but it would be a good idea to wait for a bit before filing I-130 and I-485.
 
Hi guys,

Could you look at my timeline and tell me if its best for my wife to come to get a student visa, and enter america and AOS when i become naturalized, and discontinue. We aint really interested in spending a whole lot of extra money. can she take the minimum credits, discontinue the course after arrival? my spouse arriving in america is the only thing thata is in mind. Is it possible ? or do i have to wait till the fall session to get her enrolled? would not there be courses that begin in june/july that she can try for (short term and cheaper) enrolling and getting a student visa? I am totally unaware of this, so i am exploring new options to bring my wife. Any suggestion would be highly appreciated.
 
Obtaining a student visa is not a very easy process. First, you need an I-20 form from the university. Before that, the university should either provide the assistantship or request the proof that your wife has enough costs to cover a minimum number of credits per semester (9 or 10 for graduate student). The tuition is quite expensive as you may know, especially these days when it continues to skyrocket due to the budget deficit. Receiving the assistantship would first involve contacting the desired professor and getting approval from him. Not so easy to do either.

The bottom line is that if you regard getting F-1 visa for your wife as a way to bring her here, I would not count on it. Unless, of course, you have a lot of money which you indicated you are not willing to spend. So, if I were you, I would just wait for the naturalisation and then file I-130 and I-485 - the proper and the most realistic way to go.
 
my wife has a close to perfect GRE score and pretty much the reason she didnt come for the spring was that she didnt get in an Ivy league that we wanted and that was closer to us as we kinda looked into it a little too late. she was the IIT topper of her class, so i am pretty sure that getting admission and enrolling wouldnt be an issue at all. She could get an H1 as she is an engineer she is qualified for it, but neither of us dont want to get some lame consultancy or be associated with it for the sake of visa.
 
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