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sreeleshk

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I have gotten the impression from the forum that as long as the spouse is a USC it does not matter if the other half has fallen out of status, they would still be able to to get a GC through AOS.


I will be getting naturalized in 3 months time. I was wondering if my wife could get F1(student Visa) and discontinue after a semester, by that time i would become a USC and the moment i get naturalized apply for AOS. As we have no interest in the course, so to discontinue and to allow to drop out of status (rather than paying further course fee)

-my aim is to bring my spouse to america at the earliest.

Is is it frowned upon when the spouse enters america as a student on an F1 and once she arrives try for AOS, ASAP ?


any advices would be helpful
 
Yes, she may land into hot water if she applies for AOS soon after entering the US. She may be denied an F-1 itself when she mentions that she has a spouse in the US who is either a citizen or an LPR. Go down the right route. Naturalise and then apply for her immigrant visa.

sreeleshk said:
Is is it frowned upon when the spouse enters america as a student on an F1 and once she arrives try for AOS, ASAP ?
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sreeleshk said:
I will be getting naturalized in 3 months time. I was wondering if my wife could get F1(student Visa) and discontinue after a semester, by that time i would become a USC and the moment i get naturalized apply for AOS. As we have no interest in the course, so to discontinue and to allow to drop out of status (rather than paying further course fee)
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Your plan is a disaster on multiple levels.

Quit after just one semester? That is getting into student visa fraud territory. Remember that F-1 students are expected to already have sufficient funds for the first year of study, so to quit after less than one year and remain in the US will look VERY suspicious. If you get a stern interviewer you'll be both mauled in the interview.

For spouses and under-21 children of US citizens, they are generally lax on the immigrant intent issue, but visa fraud is another matter. If she enters the US with a student visa for bona fide study reasons but also files for a green card shortly afterwards, they'll frown at the immigrant intent aspect but they'll forgive. But if it looks like the student visa was just a guise to enter the US in order pursue a green card, rather than based on the genuine intention to study, that's pushing into visa fraud and it's going to be big problems.

Second, she has to reveal the marriage when applying for the student visa. It's unlikely they would approve a student visa for somebody with a USC or LPR spouse. And if she applies for the visa saying she's single, they'll later discover the lie when you file for her green card.

Just be patient and file I-130 with consular processing when you become a US citizen.
 
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Jackolantern said:
Your plan is a disaster on multiple levels.

Quit after just one semester? That is getting into student visa fraud territory. Remember that F-1 students are expected to already have sufficient funds for the first year of study, so to quit after less than one year and remain in the US will look VERY suspicious. If you get a stern interviewer you'll be both mauled in the interview.

For spouses and under-21 children of US citizens, they are generally lax on the immigrant intent issue, but visa fraud is another matter. If she enters the US with a student visa for bona fide study reasons but also files for a green card shortly afterwards, they'll frown at the immigrant intent aspect but they'll forgive. But if it looks like the student visa was just a guise to enter the US in order pursue a green card, rather than based on the genuine intention to study, that's pushing into visa fraud and it's going to be big problems.

Second, she has to reveal the marriage when applying for the student visa. It's unlikely they would approve a student visa for somebody with a USC or LPR spouse. And if she applies for the visa saying she's single, they'll later discover the lie when you file for her green card.

Just be patient and file I-130 with consular processing when you become a US citizen.
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thanks alot jack for the information.
actually i was of the impression that it was tourists visas that were hard for the spouse of a LPR or USC. kinda thought H L and F categories were fine. I recently found out abt TRI-VALLY University. the whole idea of the institution is to bypass the visa issue and to allow people to come to america on student visa's and they provide CPT from day 1.

suppose if i say she continues the course and i apply for AOS after a year is it fine ?

or are the chances of the spouse getting a student visa, when i being a USC close to none?
 
sreeleshk said:
thanks alot jack for the information.
actually i was of the impression that it was tourists visas that were hard for the spouse of a LPR or USC. kinda thought H L and F categories were fine.
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Don't lump H and L together with F visas. H and L visas are dual-intent, whereas F visa requires nonimmigrant intent.
 
thanks, i guess its just gonna be a couple more months of wait for me to get naturalized and apply for my spouse through CP, IR1 route. When i heard about the ease of people getting the student visa from this particular university, i think i got carried away. if it sounds like a formula for disaster, i'll avoid it at any cost, why make something thats on the clear road into something really complicated .

can you guys tell me which all are hard for the spouse of a USC or GC to get

i certainly dont wanna be accused for visa fraud

student visa
tourist visa
business visa
investment visa
h visa
l visa


appreciate your help
 
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You need to do it the correct way which is NOT for her to knowingly state she has no immigrant intent while applying for F1 or B2 when she is married to pending USC.

If she quits attending school, DSO will likely report it to ICE and she could be picked up, detained and deported.
 
Concerned4us said:
You need to do it the correct way which is NOT for her to knowingly state she has no immigrant intent while applying for F1 or B2 when she is married to pending USC.

If she quits attending school, DSO will likely report it to ICE and she could be picked up, detained and deported.
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Thanks guys, i didnt really have a clear understanding of the process. I was just exploring the different options. I was hoping to get the IL as its been two weeks since i got my YL, so i assumed that things might really take time, like naturalization may take like 9 months so i was exploring different scenarios. I would surely go for the fool proof, risk free way.


thanks again jack, tripple citizen, and concerned for us. i really appreciate your analysis of the scenario.

enjoy ur weekend
 
Jackolantern did a great job explaining things to you. It's better to do things the slowly-but-surely manner.

And i've actually been hearing about quicker processing for N400's. So don't worry.
 
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