QUESTION
Will my husband be eligible for an F1 visa if I am a green card holder?
Asked on Nov 01st, 2011 on Immigration - Texas
More details to this question:
I'm a green card holder for about 2 and half years. My husband is in Iran. I want to bring him here with a student visa. Do you think that he is eligible for an F1 visa?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Like any F-1 student he will need to demonstrate that he is only coming temporarily and intends to return. Being married to an LPR will make this more difficult but not impossible. Make sure he is completely truthful on his application about having an LPR spouse and include his statement that you are filing an I-130 petition for him but he understands he will need to return abroad to process for his immigrant visa or sooner if his F-1 expires and show his ties to the home country.
Answered on Nov 07th, 2011 at 9:23 AM
Litigation Attorney serving Goose Creek, SC
at
Miller | Conway
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Whether or not your husband is eligible for an F1 Visa is entirely dependent on his applying and being accepted to a school, college or university and his previous record (amongst other considerations). Contact an immigration attorney should you have further questions.
Answered on Nov 04th, 2011 at 11:30 AM
Bankruptcy & Debt Attorney serving Phoenix, AZ
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Law Office of Darshak Shah
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He should be eligible for an F-1 visa, however there may be an issue with immigrant intent, once the consulate officer sees that he has a spouse in the United States that has a green card they may assume that he wants to stay in the US permanently, if he is able to show that he will return to Iran after his studies than he may get the student visa.
Answered on Nov 03rd, 2011 at 8:37 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It will be difficult for him to be issued the F-1 visa as the consular officer needs to be convinced that he will return to his home country after he completes the degree program. This is hard to show if he has a US permanent resident wife, even if she has not yet filed for you.
Answered on Nov 03rd, 2011 at 5:59 PM