QUESTION

Is it advisable to bring my wife to the US on a student visa while waiting on her Green card?

Asked on Dec 17th, 2012 on Immigration - Ohio
More details to this question:
I'm getting married early next year and I know that I can sponsor my wife to get a green card once we're married. The issue is that getting a green card is a lengthy process and I don't want both of us to leave apart after we get married. My question is; is it advisable to bring my wife to the US on a student visa while waiting on her Green card. That way we won't be separated and plus she can get adapted to the culture easier while going to the school. Would that be OK and doesn't impact her green card process? Please advice.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The difficulty with your idea is that an F-1 student must be able to show that he or she is not an intending immigrant. Your wife would have to disclose on the visa application form that she is married, and that may present a problem to a U. S. consular officer in deciding whether to give her a student visa. If she indeed intends to study and applies for the student visa prior to engagement or marriage, she would be truthful in her visa application form that she does not have a fiancé or husband in the States. Other options available are a K-1 fiancée visa for her if you are a U. S. citizen. In that way, she would enter the U. S. is your fiancée, and you would both have the obligation of marrying within 90 days of her entry) or your marrying and you applying for her immigrant visa, a process that would take approximately one year. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 02nd, 2013 at 12:41 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
Your wife will not qualify for a student visa once you are married because marriage to a US citizen, and certainly applying for a green card, evidences immigrant intent and a student visa is only for non-immigrants.  You can apply for a K-3 visa once the I-130 petition is filed and your wife can travel to the US as soon as the K-3 visa is approved (about five months later).
Answered on Dec 18th, 2012 at 12:27 AM

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