desiguy01 said:Anyone here with any experience in 'Relinquishing' Green Card voluntarily in order apply for another visa (H1, L1 etc) ?
desiguy01 said:Yes Arizonian ,
The idea to relinquish came up while considering ideas to sponsor spouse's GC or visa to the US. One option to speed up the residency for both of us is to relinquish the GC and reapply for another visa (H1, L1 etc) and then reapply for GC after moving back to the States.
Any thoughts, inputs? Or other suggested alternatives? (Of course, this means that the citizenship clock is reset and all).
The question would be: could one apply for another (dual intent visa) without relinquishing the GC?
F1 visa is best. You can get married after she comes here. Just because a fiancee is a gc holder does not mean that a person cannot come to the US to study.As long as the main intent is to study while applying for the visa there is no fraud. Even I came to the US as an F1 student and while applying for the visa, fully intended to look for a job and apply for GC, but yet it was perfectly legal as the intent was long term and the immediate intent was to complete my studies. As long as you recognize this fact you are OK and you really don't need to listen to anybodyarizonian said:Yes, depending on her qualifications/education/line of work, a dual intent visa like H1B would be an ideal choice. That way you do not have to relinqish your GC, and she gets here too. Something like F1 or J1 is out of the question because a PR spouse in US indicates an intention to immigrate.
hipka said:F1 visa is best. You can get married after she comes here. Just because a fiancee is a gc holder does not mean that a person cannot come to the US to study.
hipka said:Even I came to the US as an F1 student and while applying for the visa, fully intended to look for a job and apply for GC, but yet it was perfectly legal as the intent was long term and the immediate intent was to complete my studies.
hipka said:F1 visa is best. You can get married after she comes here. Just because a fiancee is a gc holder does not mean that a person cannot come to the US to study.
JoeF said:Bad advice. In the citizenship forum, there is somebody who's citizenship application got denied and who now looks at possible deportation, because he entered on an F1 visa, but never attended university although he fully intended to when he entered. The circumstances changed, and now he faces charges of lying to the officer at the POE 10+ years back.
The fact is that the F1 visa does not allow immigration intent. Having a fiance in the US can very well be construed as having immigration intent, and that can come back to bite you later on.
True -- F1 visa is scrutinized more than others. True -- Immigrant intent at that point is sure shot for denial. In this case however, the student only intends to complete her studies in the US. Her getting married is not her IMMEDIATE intent on entering the US. Also the fact that she will complete the course removes any doubt about fraud later.pralay said:In general purely non-immigrant visa applications like F1 are reviewed and scrutinized more carefully than some other visa types. Any immigrant intent is a sure shot for denial. Visiting various F1 visa forums I noticed that even if existence of fiancee/finace and immigrant intents were not disclosed, most of times the visa were denied for one the two reasons (or both) -
- Not a bona fide student (due to absence of study/research related activity in last few years).
- Not having enough tie in homeland.
pralay said:Especially, it becomes tougher for female students from certain regions of the world where girls get married within certain age range (with a few exceptions). I guess, from the perspective of consulate interviewers it becomes suspicious/doubtful why a girl of marrying age suddenly wants a student visa even though she is not doing any study/esearch related activity in last few years.
Continuation of study, good credentials, scholarship or intention of doing very specific type of study can remove that doubt. But without removing these doubts from interviewers mind, it's going to be difficult to get F1 visa.
The only intent that needs to be disclosed at the consulate is the immediate intent of entering the US (i.e. to complete studies). What we do there after completing this objective, does not need to be disclosed at the consulate. i.e. we can choose to look for a job/get married/come back to home country etc. it really does not matter.pralay said:Did you disclose your "minor" intent or "long term" intent at consulate or at POE? If you cannot disclose for the fear of getting F1 rejected or entry denied, then how come it becomes "perfectly legal"?
Point to note here is that you become a fiance/fiancee only after a formal engagement. Informal agreements between the partners have no legal value. YSo if the OP is not formally engaged then this argument is pretty useless.JoeF said:Pretty much irrelevant is the spouse or fiance is in the US as Permanent Resident. That indicates immigration intent right there.
Basically I am advising that she comes here to study. This has the double advantage of getting a degree as well as living with the partner. Also unlike H1/L1 both duration and location of stay in the US can be decided by the individual and not by any employer.JoeF said:That's the big "if". The real reason the OP mentioned was getting his spouse here, not her wanting to study. So, my assertion that F1 is unlikely to work stands.
If his only objective is to bring her here to live with him then I am afraid there is no visa for that. Even with H1/L1 you need to work in the US to stay in status. I simply don't understand why people recommend H1/L1 when the only objective is to come here and liveJoeF said:If that is really the intent, yes. But again, the OP wanted to get his spouse to the US, not for her to study, but because she is his spouse.
That was my whole point. The OP wants to have his spouse here. So, the real objective is not for her to study. Lying about that would get her in big trouble.
hipka said:I simply don't understand why people recommend H1/L1 when the only objective is to come here and live
hipka said:-- Not having enough ties to homeland: You can counter this by showing property, bank acc. etc.
hipka said:Consulate officers don't discriminate between male/female applicants.If a female truly intends to complete her studies, most likely she will get the visa. I have seen several ladies,studying in univs. here and they have had no problem getting the visa (some of them have worked more than 1 yr!).
hipka said:The only intent that needs to be disclosed at the consulate is the immediate intent of entering the US (i.e. to complete studies). What we do there after completing this objective, does not need to be disclosed at the consulate. i.e. we can choose to look for a job/get married/come back to home country etc. it really does not matter.
-- The thing is intent is demonstrated by past and future actions not by thoughts. If the formal engagement is not over then I don't understand how an intent to immigrate is established. This means that if someone in india falls in love with a US citizen, he/she is automatically ineligible for F1! (are you guys joking?). The intent in F1 is always to study which is what I am pointing out. What the person does after he fulfills this objective is not relevant. So if he/she gets married after about 3-4 months after joining a univ. it does not violate any intent made during application of F1 visa. Extension of the F1 is another story because your marriage has DEMONSTRATED an INTENT to immigrate. Merely agreeing informally to marriage does not constitute intent!pralay said:Because H1/L1 allows to have both intents. Basically you can have intent to work + intent to live (immigrate) here.
On the other hand, F1 does not allow both. If someone has intent to study + intent to live (immigrate) here - then his/her F1 visa application is toast.
hipka said:This means that if someone in india falls in love with a US citizen, he/she is automatically ineligible for F1! (are you guys joking?).
hipka said:-- The thing is intent is demonstrated by past and future actions not by thoughts.
hipka said:Merely agreeing informally to marriage does not constitute intent!