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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You F-1 COULD be denied as it requires non-immigrant intent. Since you have a USC spouse, you may be questioned about your intent to return to your home country
You should discuss pros an cons with a lawyer
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 firstname.lastname@example.org Enjoy our Blog at http://immigrate2usa.blogspot.com/
If your spouse is living in the US, an F-1 visa will not be possible. She would need to petition you for the green card.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.