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?
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
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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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
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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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.