If my husbands PR is pending can he apply for a F-1 visa to get to university on time?

Asked over 1 year ago - Philadelphia, PA

I am an American citizen and my husband is Australian. We live in Melbourne, where we were married in 2010 and have lived since 2009. We started applying for his PR visa at the start of 2012. It is now sitting at the NVC (has been since May 9, 2013) because the Department of State is making new procedures for the I-864 Affidavit of Support. Until these procedures are made they will not process our paper work. He will study a LLM that starts on Aug 5, 2013. Can he apply for a F-1 visa, enter on a F-1 visa and then apply for a change of status after entry?

Attorney answers (4)

  1. 14

    Lawyers agree

    Answered . It would be difficult for him to qualify for an F-1 visa. He would have to demonstrate that he has no intent to remain in the U.S.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. 3

    Lawyers agree

    Answered . yes but he will need to be ocnvincing that he will return for his consular interview when scheduled. It is discretionayr.

    --
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277
    website: www.immigrateme.com

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. 3

    Lawyers agree

    Answered . Sure he can apply, but he will have to convince the consul that he will ultimately consular process for his immigrant visa abroad and not file for adjustment of status with USCIS once admitted in student status. The consul can choose to believe him and grant the F-1 visa, as he/she may choose not to. Whether to issue a visa or not is completely discretionary and a visa denial is generally not appealable.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. 2

    Lawyers agree

    Answered . Yes.

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