GC holder looking to support fiancee for higher education in U.S

M

ma4336

Registered Users (C)
Hi all

I apologize if I am posting something that has already been addressed here before.

I am GC holder in U.S, soon eligible to apply for U.S Citizenship. My fiancee, whom I just recently proposed, lives in India. We both plan to get married and reside here in U.S.

My fiancee would like to persue higher education (graduate school) here in U.S. The earliest she can come here if I were to sponser her as a spouse (once I become U.S Citizen) is 2008. My questions are:

1. Can she apply for the F1 visa to come here for admission next fall?
2. If the F1 is issued and she comes to U.S, should we get married while she is on F1 and submit I130 or should we wait till she is done ?
3. Would her coming on F1 complicate her GC application ?

Thank you

- M
 
she can come on f-1 provided she convinces the officer that she has no immigrant intent (which means she should not mention you). you can apply for GC once she is here.
 
virsavo said:
she can come on f-1 provided she convinces the officer that she has no immigrant intent (which means she should not mention you). you can apply for GC once she is here.
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Ignore this advice ---- would not touch it with a 10 foot pole. What if you are asked about it? You cannot lie about it. Have you seen some of the questions for the consular forms?

This will come down to an issue of intent. If she wants to come and study before you get married, I do not really see a problem ---- she is after all not coming to simply adjust status upon her arrival --- she wants to start studying and would not be married at that point yet.

But a different interpretation of your acts may still be possible and may create problems. I suggest an initial consultation with an attorney to explore your options.
 
pianoplayer said:
Ignore this advice ---- would not touch it with a 10 foot pole. What if you are asked about it? You cannot lie about it. Have you seen some of the questions for the consular forms?

This will come down to an issue of intent. If she wants to come and study before you get married, I do not really see a problem ---- she is after all not coming to simply adjust status upon her arrival --- she wants to start studying and would not be married at that point yet.

But a different interpretation of your acts may still be possible and may create problems. I suggest an initial consultation with an attorney to explore your options.
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You use the term '10-foot pole' way too often man :)
 
ma4336 said:
Hi all

I apologize if I am posting something that has already been addressed here before.

I am GC holder in U.S, soon eligible to apply for U.S Citizenship. My fiancee, whom I just recently proposed, lives in India. We both plan to get married and reside here in U.S.

My fiancee would like to persue higher education (graduate school) here in U.S. The earliest she can come here if I were to sponser her as a spouse (once I become U.S Citizen) is 2008. My questions are:

1. Can she apply for the F1 visa to come here for admission next fall?
2. If the F1 is issued and she comes to U.S, should we get married while she is on F1 and submit I130 or should we wait till she is done ?
3. Would her coming on F1 complicate her GC application ?

Thank you

- M
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you could try many things.
you could, at the time of her F1 interview, be honest ,and when she's asked if she has anyone in the US, say that yes she has a fiancee.
you could also say NO...as i know that they really do tend to deny F1 visas. especially if you're applying from india (i've heard from colleagues). and especially if you have someone in the US. so it's up to you. since you are not married to her yet, she doesn't have to mention you. you're not her relative.

now she can enter US and you guys get married. i would tell you to wait for sometime. why? b/c she walked in on a non-immigrant visa and is not supposed to immigrate so fast. that way at her interview, it doesn't look like the intent was there. and since you have time, just wait it out.

you could also put in the I-130 and wait until it becomes current. or when you get your citizenship, immediately petition for her. the basic thing is that it should not look like she had intended to immigrate to US from the beginning. so since you have time, just wait it out. take some time to get married. your case will only get complicated if it looks like she intended to immigrate from the beginning and walked in on a non-immigrant visa, instead of a K-1 or whatever.

you could also wait until you get your citizenship and get apply for a fiancee visa.

now i know that there are many ppl who have many opinions abt this. but in the end its up to you. like i've said there's may things you can do. whether it's right, wrong or in the grey area, your the one who's going to have to sleep at night with the decision.
 
Thanks guys for all your responses.

To be honest, I give her a 40% chance of obtaining the F1 because 1) she is single woman 2) she lives in India

My concern is, if she does manage to secure the F1, would it complicate her process to obtain the GC when I sponser her? If it does then we have to think of me waiting to become citizen and then applying for her (which delays her admission by 1 year). If not then, she can continue with her efforts to apply to universities here for grad school.

Thanks

- M
 
obtaining F-1 is not based on if someone is a single woman or not. being unmarried has ABSOLUTELY nothing to do with it. there are many factors that the foreign service officer will look into. most important is the money issue. the education has to be financed, does she have parents who can show that amount? bank statements are very important to the foreign service officer, as they don't want you to come here and then start mooching off the government or work illegally.
where you live is also important. the fact that she is in india and there are a lot of ppl there who are applying for F-1 makes it exceptionally difficult to get one.
the third important factor i believe is if she has any relative in the US. the goal of the foreign service officer is to ensure that all those who apply for non-immigrant visas do not settle down here (in the US). if they feel that you are likely to come here and settle here, there is a high probability that they will deny you. i know many ppl that mention that they have siblings in the states and get denied.
personally, i don't think that her GC will get complicated so long as, as many of us have said before, it does not appear that you frauded the system and that she had intended to immigrate all along. that's why i said, she shouldn't mention you when she goes for her interview, and in actuality there is no need to mention you, you are not her relative, so if she omits you, she is not lying. futhermore, when she gets here don't rush into marriage. i would suggest waiting for at least a year. in the meantime she can study. if at the interview they ask when did you meet and all that. BE HONEST. mention that you knew each other way before she came here, but you didn't want to rush into marriage and wanted to get to know her a bit more.
ultimately, you have to weigh the facts.
 
Pinturicchio said:
You use the term '10-foot pole' way too often man :)
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It has become a term of art for situations like these. I actually have coined it from people on another NG, but it is a particularly helpful methaphor to me.

If it doesn't suit you ---- well, turn the other way!
 
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