Quick question abt GC Marriage

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This isn't a question meant for immigration experts per se but can someone tell me how hard is it for the wife of a GC holder to get F1 visa? I know that according to recent visa bulletins least 4 years is what it takes for a GC holder's spouse to get to the US at the earliest but I wonder if anybody's spouse has been issued a student visa after getting married.

jantare1

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from what i understand, F-1 visa has nothing to do with your spouse having GC or not having it. if you have strong documents to apply for F-1 visa, you'll get it. if your documents aren't strong enough, i don't think your spouse having a GC will help un any ways.

BannedUser

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I think you're going by the books. From my understanding, you need to qualify in two requirements to get a visa to 'come' to the United States regardless of you holding a clean record to go with good academic/professional background - 1. You need to prove that you can support yourself financially (unless you're gonna attend a University on scholarships), 2. You need to prove that you have strong ties that will convince your visa counselor that you're going to return back to the country.

I heard a shocking story of a girl who was denied visa (F1) to join her husband because the embassy told her that her primary motive was to live with her husband, not study. I've also heard of another woman who had her visitor visa application denied.

Anyway, thanks for your input.

jhyamma

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For the country like ours', Nepal..it's way difficult to get F1 visa (almost impossible) for a spouse of a green card holder....Even so many prople are getting rejected for F1 visa just giving the reason that the counsel thinks the person is not gonna return back....and a spouse a green card holder!!!! The only and solid reason for their rejection will be that the person will not return since his/her spouse is a US resident....

But sometime u don't know.. u might be lucky.....

jantare1

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a dirty way to try your luck:
if the husband didn't list his wife on the relationship certificate/proof of relationship thing (you get from local government in Nepal) when he applied for whatever visa or DV to enter the States, then the wifey can apply as if she is single i.e. not listing her hubby on the relationship certificate thing. but it might/will create problems if:
- the hubby's name is on her nagarikata
- she wants to be her husbands dependent (in case she gets visa and enters US)

yo mula visa/dependent ko tenson le ni kasailai baaki rakhena, pachhi aafule ni yehi tanta khepnuparchha; samjherai dikka lagisakyo!

meraj

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As per my understanding f1 visa does have direct correlation with spouse having green card. F1 is non immigrant visa/status. One who is comming under f1 should have clear non-immigrant intent. But having spouse green card reflects immigrant intent. So usually counselor have to deny visa cause of immigrant intent. I know this is weird , but this is how it is.

BannedUser

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haha. Highly doubt one would wish to jeopardize his life by taking such a risk but that's a good suggestion. Well, I'm just trying to stay on the safe side. Not that I'm going to get married anytime soon, still...trying to weigh my options and keeping 'em open too.... Who knows what route I might need to take. The best possible scenario would be if you were already in a relationship and your girlfriend was already here.

And Meraj, you're right in F1 and GC not having any 'direct' relationship but again, no way the couselors would buy the claims of primary motive of a F-1 visa applicant not being a desire to immigrate once s/he applies for visa. One of my cousins who had won DV Lottery waited for 5 full years before he got married because he didn't wanna get married and leave his wife in Nepal. His wife joined him in 8 months after they got married and he'd filed paperworks for her.

meraj

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There is one more option to save at least a year...only if you are citizen ...called k1 visa . Under this visa you can bring your fiancé and get married in us and file AOS. And for this visa you will file pention to uscis , so chances of visa denial is very slim. At least it helps in a way you can stay together after marriage.

dHwasE

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footfyan bro,
u bela ma aankha nadekhi america tira doudi halyou, aba bhauju ko sarhai yaad aayo jasto cha ni

Deported

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Bro maile embessy mai gayera tyo information desk ko kt lai sodheko, she said apply nagarnus, kinaki husband tya hune bittikai usko social ties and cultural ties usa ma huncha so she wont qualify for visa bhanin, ani maile appreciate bhanera nikle....apply garnu bhanya paisa ko khati matra ho.....wait gara bro...mero dai bhauju ni wait gardai chan aaba....

BannedUser

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That was cool, meraj. I think that's the best possible way.

Dhwase bro, I'm not married yet. I'm just trying to weigh in on some options and possibilities of whether I should try to find a girl here or back in Nepal....

And thanks for your input (on this thread,too), Deported. There are plenty of Nepali guys and girls who're stuck back home and like I already mentioned, one of my cousins didn't get married until he becamse a Citizen because he didn't wanna torture himself.... I hope your brother and sister-in-law got together sooner than later.

BannedUser

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Another question to immigration gurus.

How long will it take for a F-1 visa holder to get her I-130 approved if she got married to a GC holder? As I understand, the biggest drawback of a GC holder marrying someone who lives outside is the waiting time for visa number (which is 3-4 years at least), but what if a girl were already living here?

ark

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If she gets married to a GC holder and apply for I-130, I-130 processing time is around 5 months and is independant of her status. I-130 is not the GC approval. Then she needs to wait for around 3 years (per current visa bulletin) before she can apply for I-485. Till that time she needs to maintain her legal status in US (F-1 or H-1 or any other legal status).

BannedUser

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Hmm. That's interesting. I still have like 2 yrs and 9 months before I can file for my Citizenship and since I don't intend to get married right away, I suppose I don't really need to worry per se.

Thanks for your tip though.

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