J1 to F1

#1
Hello.
I have a friend who is a Fulbright instructor at a US university - he is from the Middle East. He got married while here (to a US citizen) and fell in love with the country.
He is subject to the two year rule.
Is there any way for him to change to an F1 visa this summer? He has been selected for an assistantship at our university and would like to start in the fall of this year.
Does he have any options or paths forward? Does the marriage matter?
Thank you very much for your time and help. Mel
 

1AurCitizen

Registered Users (C)
#2
His US Citizen spouse can petition him for permanent residency, rendering the need for student status moot, if F1 was being considered solely to remain in the US.

We tend to see plenty of folks "falling in love with the US" soon after arriving in the US, and trying to avoid returning to their home country. More importantly, your friend needs to show he fell in love with his spouse, and evidence documenting a bonafide relationship with the USC spouse, which is likely to attract USCIS scrutiny.

How long ago did he enter the US?
 

Sm1smom

Super Moderator
#4
It’s interesting how someone opens a new account for the purpose of seeking guidance on behalf of a “friend” - all the time.
 
#6
His US Citizen spouse can petition him for permanent residency, rendering the need for student status moot, if F1 was being considered solely to remain in the US.

We tend to see plenty of folks "falling in love with the US" soon after arriving in the US, and trying to avoid returning to their home country. More importantly, your friend needs to show he fell in love with his spouse, and evidence documenting a bonafide relationship with the USC spouse, which is likely to attract USCIS scrutiny.

How long ago did he enter the US?
They have been in the US for 8 months now. I believe, but am not certain, that the marriage took place in November or December.

They have been sharing finances, etc. From my outside perspective its seems pretty genuine, but I am not always the best judge of those types of things.

thanks for reply
 
#7
With quite a bit of context to the friend's situation too...[/QUOTE

I promise there is none of that going on, I don't write well sometimes when I get sad. I apologize for any issues.

I am in a panick to help my friend. for two reasons

1. Selfishness. I do not make friends easily and this time that I do, he is being forced to leave which is disheartening
2. Empathy for his spouse, I feel terrible about the separation that they are being forced to endure even though they knew this was a real possibility.
3. I am am impressed with my friend. He has told me about the violent and chaotic upbringing he experienced and many difficulties have following, during which he was able to secure a masters degree.
4. Trying to bring in some objectivity: I believe this friend and his spouse will become great citizen of my country and they will pursue careers (education, social work, engineering) that give them concrete says to improve our country.
 

1AurCitizen

Registered Users (C)
#8
I am in a panick to help my friend. for two reasons

1. Selfishness. I do not make friends easily and this time that I do, he is being forced to leave which is disheartening
2. Empathy for his spouse, I feel terrible about the separation that they are being forced to endure even though they knew this was a real possibility.
3. I am am impressed with my friend. He has told me about the violent and chaotic upbringing he experienced and many difficulties have following, during which he was able to secure a masters degree.
4. Trying to bring in some objectivity: I believe this friend and his spouse will become great citizen of my country and they will pursue careers (education, social work, engineering) that give them concrete says to improve our country.
While those are personable traits, the US government looks at facts of a case from a legal perspective. Either your friend returns to his country as subject to the two-year rule, or applies and be approved for a waiver if eligible. Your friend's marriage to a USC spouse matters if he intends to live permanently in the US. The marriage ought to be documented and shown as bonafide and not primarily for an immigration benefit.

When you say they've been in the US for 8 months, who is 'they'?
 
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