entering on F1 while waiting for Green Card

#1
Last December my husband and I applied for his green card through marriage and were anticipating him being here by 2021, we decided to go through the process with him living in Sweden and me living in the US.
Well, Coronavirus decided to change all of our plans. He has applied to go back to school here in the US and was accepted to a program starting in May 2021. At this point, I am assuming he will not have his green card by then, since we haven't heard anything since December, which is why I'm wondering how to go about him entering on a student F1 visa instead of waiting for his green card and then re-starting the process as an adjustment of status instead later down the line.
Is this possible? How do we go about "cancelling" or changing his current application?
 
#2
He should not enter the US on a non-immigrant F-1 visa with intent to adjust status later on (“restarting the process as an AOS instead”). That may likely amount to immigration fraud.

He may want to reach out to the school and request deferral given the situation. Better to start later than to commit immigration fraud.
 

SusieQQQ

Well-Known Member
#3
Are you a USC or green card holder?
Regardless, cancelling the original petItion would not be a wise move. You cannot use a non-immigrant visa for the intention of immigration. With a spouse in the US and clear immigrant intent (even if you cancel the existing petition first) it’s highly likely imo the F1 would be refused, and then you would have to start all over with a new I130.
 
#4
I am a US citizen. Ugh- that’s what I feared. He already has an F1 from his previous schooling that is valid until 2023 so he wouldn’t have to apply for a new one, he thinks. So, basically our only hope is that his Green card is processed by the time school starts? The border control did tell him last time he visited he could enter on a F1 with his green card processing. There’s so much misinformation out there it makes my head hurt lol
Is there anywhere I could call to confirm this?
 

Sm1smom

Super Moderator
#5
If he already has a valid F1 visa, he can use it to enter the US for the purpose of schooling. He however shouldn’t be using the F1 visa to enter the US with the mind of processing AOS - using a NIV to enter the use with the preconceived intent of filing AOS is considered an immigration fraudulent.
 

SusieQQQ

Well-Known Member
#6
I am a US citizen. Ugh- that’s what I feared. He already has an F1 from his previous schooling that is valid until 2023 so he wouldn’t have to apply for a new one, he thinks. So, basically our only hope is that his Green card is processed by the time school starts? The border control did tell him last time he visited he could enter on a F1 with his green card processing. There’s so much misinformation out there it makes my head hurt lol
Is there anywhere I could call to confirm this?
If you’re a USC, and you filed in December, there is probably not much longer to wait till the petition is approved. There is no ban on spouse visas for USCs, so once the petition is approved it can go in line for an interview. Which embassy would he interview at, Stockholm? If so, they have restarted IR/CR visa processing, and I don’t think they are particularly busy, so it probably wouldn’t be too long a wait once the petition is approved and documents submitted/fees paid. I think it’s highly likely he’d have his visa by May, assuming the case is pretty straightforward.

Also, he can present his existing F1 for entry, but admission is always at the discretion of the CBP admission officer.
 
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#7
He would be using the Embassy in Stockholm. I just put in a request to see where our petition is at since it’s been 9 months and we haven’t heard anything and our petition hasn’t been sent to the NVC yet.
 
#11
Yes! That’s what I requested was the outside normal processing request- I also submitted a more specific case inquiry explaining the predicament and asking how to proceed and that one said I should be contacted by October 6 so we will see if they have any more direct info for me or not.
 
#12
What service center is it at?
so- I actually went back to double check after receiving a less than helpful reply to my first inquiry more specific to our case. We are actually at the Potomac service center and the receipt date there is October 6, 2019 (UGH) so we are not an "outside normal processing" case :( so now I'm a bit more stressed.
 
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