My Wife, please help

[koran]

I got married to a Eurozone passport holder in Asia, I am a permanent resident in the U.S. My wife is trying to obtain an F-1 visa to continue her studies in the U.S. I haven't filed any pettition for her yet, waiting till I get my citizenship. On the visa application it is asked if any permanent resident/citizen spouse resides in the U.S. Should she disclose this information on application. IF she answers yes to the question, the consulate might reject the visa thinking that she is trying to immigrate. What are the consequences if she answers "no"? Once she enters the U.S. with the F-1, I can get registered here and get a marriage certificate. Please advice.

[PraetorianXI]

She should NOT lie, under any circumstance. Later on they will get her banned for this.

It is OK, to disclose it, as you are a PR, she has not "immediately available visa numbers" for her. She will have to maintain her status.

[koran]

re:

She should NOT lie, under any circumstance. Later on they will get her banned for this.

It is OK, to disclose it, as you are a PR, she has not "immediately available visa numbers" for her. She will have to maintain her status.

Thanks for the prompt response. If she submits all the required paper work, can they still refuse the F-1 visa based on her being married to a PR. My worry is that the cosulate might think my wife is going to settle down in the U.S. with my PR status. If the f-1 visa is denied, can she still come in with her visa waiver to visit me.

[PraetorianXI]

she can not "legally" settle in the US because of your PR status.

The only way for her to settle while in the US, would be to go through Adjustment of Status (i-485) and she can only do that if her Priority Date for the I-130 becomes current (not for another 5 years) or when you become a n US citizen.

What country is she from?

[koran]

she can not "legally" settle in the US because of your PR status.

The only way for her to settle while in the US, would be to go through Adjustment of Status (i-485) and she can only do that if her Priority Date for the I-130 becomes current (not for another 5 years) or when you become a n US citizen.

What country is she from?

U.K.

Do you know anyone who has secured a F-1 married to a LPR in the U.S. If the probability is low getting an F-1, is it better to come with the visa waiver once every 2-3 months. Last concern is, if the F-1 is denied can my spouse still enter U.S on the visa waiver? Thanks.

[PraetorianXI]

Whether she enters under an F-1 or VWP is up to the Immigration Officers.

Her chances are good though, all she has to do is secure a college/university in the US to give her an I-20 and she can apply for the visa.

Like I said, you being a LPR would not cause as much as a "problem" as if you were an USC. It is understandable that she wants to be close to you.

It is better to have her get an F-1 visa, than have her come 3-4 times a year under VWP.

[koran]

Whether she enters under an F-1 or VWP is up to the Immigration Officers.

Her chances are good though, all she has to do is secure a college/university in the US to give her an I-20 and she can apply for the visa.

Like I said, you being a LPR would not cause as much as a "problem" as if you were an USC. It is understandable that she wants to be close to you.

It is better to have her get an F-1 visa, than have her come 3-4 times a year under VWP.

In case her F-1, gets denied. Can she still be able to come to the U.S. with the VWP, thanks

[PraetorianXI]

Again, it is all at the discretion of the Immigration and Consular Officers... yes she can APPLY to enter, under the VWP or even with a visa, but it is up to the officer to make the decision.

A denied visa though, will limit the chances of entry under the VWP. It seems desperate and does not shows ties to home country.

Also, under the VWP she can only come for a visit for 90 days, no extensions.