Can I apply for a US student visa? I live in the uk and I’m already married to an American citizen who is also living in the uk
Asked on Nov 12th, 2023 on Immigration - California
More details to this question:
We both want to move to the states soon and I’m looking at student visas. My husband was born in the states so he already has his passport, can we both move over if I get a student visa and then change residency status?
Immigration is a Federal practice, but answering these questions can prove frustrating to some.
If you are married to a U.S. citizen and intend to immigrate, then it will be difficult to overcome the presumption of immigrant intent that is imposed when anyone applies for a non-immigrant F-1 student visa. As a result, a consular official has a responsibility to deny the visa.
If you misrepresent your intentions, and get caught, the bar on lawful immigration can be indefinite. If the consular official has subjective reason to believe that a person is inadmissible, then a non-immigrant F1 visa may be denied as a matter of discretion.
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.