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F-1 for Spouse while GC in process

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  • F-1 for Spouse while GC in process

    Hello,

    Can my wife genuinely come to the US for grad school on an F-1 visa as an international student while I have already applied for her GC? In other words, can people with a pending GC application apply for an F-1 visa and come here for educational purposes?

    Thanks for your help.

  • #2
    What do you mean by a green card application? I initially understood that to mean she has an adjustment of status application pending, but that doesn't make any sense - it would imply she is already in the United States and can go to school on her pending AoS status

    Do you mean you have filed an alien relative petition Form I-130 for her? That on its own does not impute immigrant intent, so whether she will be granted an F-1 visa will be based on the usual F factors ties to homeland, ability to pay

    Do you mean the process for her to be issued an immigrant visa through the consulate abroad has begun? That on its own imputes immigrant intent, which she will likely not be able to overcome despite her ties to her home abroad

    Please be more clear with what you mean by "gc in progress"

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