Hello,
This is my first post and any advice will be helpful and appreciated.
I am a US citizen residing in USA and plan to marry an Indian citizen residing in India and pursue the long process of IR-1 to bring her to USA. My would be step-daughter ( unmarried over 21 years; only child ) plans to apply for graduate program in USA for fall 2019 program. My questions are related to the concern about her student visa being rejected while her mother's immigration petition ( I-130 ) and I-485 etc is in process.
1. I don't see any issues in getting my would-be spouse here under IR-1. The rough timeline would...I-130 in December'18...I-130 approval in March'19...next 8-10 months in consular processing leading to final arrival in USA.
2. While the consular processing in going on, her daughter's student visa application will be in process. Will the student visa be rejected on the grounds that she is a potential immigrant since her mother's immigrant visa is under process? It will be very difficult to convince the officer the grounds for return.
3. Are student visa applicants looked at as potential immigrants and must prove that they will return back to home country OR this is not an issue for student visa applicants?
4. If her student visa is rejected, then her only recourse is to come here under F2B after her mother becomes LPR and processes a I-130 for her daughter. Based on current wait times, this will take about +/- 8 years. Is there any other way?
Any guidance will be helpful. Thanks in advance.
This is my first post and any advice will be helpful and appreciated.
I am a US citizen residing in USA and plan to marry an Indian citizen residing in India and pursue the long process of IR-1 to bring her to USA. My would be step-daughter ( unmarried over 21 years; only child ) plans to apply for graduate program in USA for fall 2019 program. My questions are related to the concern about her student visa being rejected while her mother's immigration petition ( I-130 ) and I-485 etc is in process.
1. I don't see any issues in getting my would-be spouse here under IR-1. The rough timeline would...I-130 in December'18...I-130 approval in March'19...next 8-10 months in consular processing leading to final arrival in USA.
2. While the consular processing in going on, her daughter's student visa application will be in process. Will the student visa be rejected on the grounds that she is a potential immigrant since her mother's immigrant visa is under process? It will be very difficult to convince the officer the grounds for return.
3. Are student visa applicants looked at as potential immigrants and must prove that they will return back to home country OR this is not an issue for student visa applicants?
4. If her student visa is rejected, then her only recourse is to come here under F2B after her mother becomes LPR and processes a I-130 for her daughter. Based on current wait times, this will take about +/- 8 years. Is there any other way?
Any guidance will be helpful. Thanks in advance.
