green card spouse and F-1 Visa

[palash74]

I am a green card holder and filed I-130 for my wife which is not approve yet (pending)

My question is:

Is she ( my wife) eligible for F-1 (student) or visitor visa ?

 

[dr_lha]

As she is married to a LPR holder in the USA and has a pending I-130, its doubtful that a F-1 would be approved.

 

[palash74]

As she is married to a LPR holder in the USA and has a pending I-130, its doubtful that a F-1 would be approved.

Is she eligible or not ( by law)?

 

[PraetorianXI]

The point is that people who have pending immigration petition filed on their behalf are not likely to receive a non-immigrant visa, as they already have immigrant intent.

 

[dr_lha]

Is she eligible or not ( by law)?

To get a non-immigrant visa you have to prove that you do not intend to remain in the USA, and have strong ties to your home country. If your husband lives in the USA and is applying for a Green Card for you, you're going to have a tough time proving that!

 

[ravibudp]

By law yes she is eligible but she will not get one since her intent is to immigrate so she wont get it best would be to get h1. if it is possible.