F1 to Green Card

[salb]

Hello,

My wife and I have been married two years now. I'm a US citizen residing in US while she's been living out of the country. I haven't applied for her GC yet. She recently got issued a F1 visa through her work and came to US for a month long course. She left after the course ended.

My question is, can I have her come to US for a different course on the same F1 visa and adjust the status from here?

[huyhoangvn]

Don't. CR1 is better. Why AOS while you can go a better route? It takes months to get the work permit, and for the GC interview, who knows how long it takes now?

[salb]

Thanks for the reply. I'm not sure what CR1 is. Is it the same as Consular Processing?

[salb]

I would want to minimize the time spent apart which is why I'm considering AOS while she's here in US.

[Enub4]

Entering the USA with a non-immigrant visa with the intent to get permanent residency is a not an option, lie at PoE, worse. They may deny the AOS application if they suspect fraud (from what I read, no experience).

You mention F1 visa through her work. I'm not familiar with F1 visas for just a month long course. Usually F1 is used when you want to study in the USA for more time. I guess that if the F1 was only for that course, it soon will not be valid or because she already left and not stayed at the school the I-20 is no longer valid and basically the F1 also is not valid unless she get a new I-20 from the school.

Can she still work from the employer if living in the USA? Are you both ok if she can't work anymore for the current employer?

[salb]

The F1 she got has a 5 year validity. Her I-20 was only for a month.

Why is "her working or leaving her current employer" relevant?

[Enub4]

From my experience with F1, you need a valid I-20 to enter the USA. In fact, I-20 is more important than the visa, I traveled to Mexico and back with a valid I-20 and expired F1 (less than 30 days trips).

I think you will need to find a school, register, get I-20, then travel to USA with the intent to finish the course. If then decide to file for AOS, you can do it.

Her work is not important to your immigration intent, is important in a personal level and can create issues between spouses. You can forget I asked that. Good luck.

[salb]

Thanks. My only concern is running into some issue because the intent to adjust the status while on an F1 visa is there. I'm trying to avoid taking the Consular Processing route because we'll be living apart for 6-12 months.

[huyhoangvn]

While it's possible to file for AOS from within the States, being on a student visa for only a month then filing for AOS won't make your case look good. You clearly has the intent of using a non-immigration visa for immigration purposes.
You should file the petition for her while she's outside of the US. She can keep working until the day she leaves for the US. The process is almost the same. The only difference is she will have the interview at the consulate in China.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

[salb]

With AOS, atleast we can be here together, but like you mentioned, it might be questioned. How long does Consular Processing take?

[salb]

Also, will she be able to travel to US on her F1 (if she gets a new I-20) while the I-130 is pending?

Can she even get a new I-20 on the same F1?

[huyhoangvn]

With AOS, atleast we can be here together, but like you mentioned, it might be questioned. How long does Consular Processing take?

It took roughly a year for a friend of mine. Pretty the same as AOS.