Asked 11 months ago - Washington, DCFlag
As I heard from similar cases that it depends on the consular processing staff. Some of them says F1, and some others say that it must be an immigrant visa (Green Card) since the spouse is a US citizen !!
Please advise me in this regard.
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You would not be eligible for an F1 as you must show intent to return to unrelinquished domicile and if your spouse lives in the US you would not get the visa and even if he doesn't usually it is presumed that you are an intending immigrant. Also you should consider that the F1 out of state tuition is extremely expensive as opposed to a green card and paying in state tuition if that is where you would live. F-1 is definitely a bad idea here.
The answer depends on many factors. Does your spouse live in the U.S.? If not, he or she cannot sponsor you for an immigrant visa now. On the other hand, if your spouse does live in the U.S., the consulate might not grant a student visa because it will look like you really intend to immigrate to the country to live with spouse, not just temporarily come to study. Make an appointment with an attorney who can help you determine the most successful strategy.
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