M1 wife, GC husband

[melsorady]

Hi there,
I came to US on B1/B2 who I transformed to GC by marriage to a US citizen in 2009. Now I am divorced in 2013, and got married again to a non US citizen. My wife, wants to study in the US on M1 visa for 1 year only. She doesn't want just to stay in her home country waiting for a GC. Like I said, I live in US on a GC (Permanent one 10 yrs validity) and we are not looking for GC sponsorship now till I get the citizenship (eligible to apply in 2014). My question is: what are the odds that my wife get approved for M1? My wife has a degree in journalism and would like to study broadcasting as it will create more chances for her upon her return. I heard that once immi officer knows she is traveling to US and there is a close relative lives there, there is an intention of immigration. But she actually can't do that cause she will lose her job, plus, it will hurt my green card if she overstays her M1 (in case she was approved), which will be a red flag for me (as far as my current GC and future app for N400).

She already applied to a school here, got some financial aid scholarship from the school in the US. The only ties we could think of is her work, parents and properties of her parents in home country. Considering her young age, she doesn't own anything yet.

Please advice we look now from the immi officer stand point. we know cases vary widely, but I think there is some common ground.

Thanks in advance
AI

[rayb]

You must have had Green Card status for at least 5 years before petitioning your new wife. This is because you obtained the Green Card by marriage to a U.S. citizen less than 5 years ago.

If your new wife overstays a visa, it will have no effect on your Green Card or citizenship application. How did you arrive at that conclusion.

On the other hand, "intent to immigrate" may be a deciding factor when her M1 visa application is reviewed (but not necessarily).

--Ray B

Hi there,
I came to US on B1/B2 who I transformed to GC by marriage to a US citizen in 2009. Now I am divorced in 2013, and got married again to a non US citizen. My wife, wants to study in the US on M1 visa for 1 year only. She doesn't want just to stay in her home country waiting for a GC. Like I said, I live in US on a GC (Permanent one 10 yrs validity) and we are not looking for GC sponsorship now till I get the citizenship (eligible to apply in 2014). My question is: what are the odds that my wife get approved for M1? My wife has a degree in journalism and would like to study broadcasting as it will create more chances for her upon her return. I heard that once immi officer knows she is traveling to US and there is a close relative lives there, there is an intention of immigration. But she actually can't do that cause she will lose her job, plus, it will hurt my green card if she overstays her M1 (in case she was approved), which will be a red flag for me (as far as my current GC and future app for N400).

She already applied to a school here, got some financial aid scholarship from the school in the US. The only ties we could think of is her work, parents and properties of her parents in home country. Considering her young age, she doesn't own anything yet.

Please advice we look now from the immi officer stand point. we know cases vary widely, but I think there is some common ground.

Thanks in advance
AI

[melsorady]

You must have had Green Card status for at least 5 years before petitioning your new wife. This is because you obtained the Green Card by marriage to a U.S. citizen less than 5 years ago.

If your new wife overstays a visa, it will have no effect on your Green Card or citizenship application. How did you arrive at that conclusion.

On the other hand, "intent to immigrate" may be a deciding factor when her M1 visa application is reviewed (but not necessarily).

--Ray B

Ray,

Thanks for the info. I know what you said. I am actually asking about the intent cause it will be reviewed anyways as any immi officer think of anyone looking for a non immi visa with intention of immigration, till otherwise proved.

I know I won't be able to petition my wife for green card till more than 5 years. We actually not looking for that now cause I am yet to apply for citizenship. Having said that, she just doesn't wanna waste time waiting for her application for a green card to be reviewed, and decided to use time in studying. Moreover, she has more promising job position, waiting for her after she returns back.

My question is, having my case in mind, what are the odds of her getting approved for M1, providing the home ties I mentioned in my original post.

[rayb]

Nobody can give you "odds" of approval or denial of an M1 visa. Realistically, her marriage to you will be viewed as eventual "intent to immigrate," and since you are not yet eligible to petition her, another reason for M1 visa denial exists.

I see school visas denied fairly regularly, mainly because they are viewed as a prelude to the student finding employment during or after completion of his matriculation, and staying in the U.S.

Also, FWIW, though you are not eligible to petition a spouse until your 5-year period is reached from obtaining your Green Card from a marriage to a U.S. citizen, you will not need citizenship to eventually petition our wife for a quick visa issuance. The quota wait for spouses of Green Card petitioners is currently clear. By the time you have your 5-year waiting period ended, it may still be "clear" and reachable (or might go up some again).

--Ray B

Ray,

Thanks for the info. I know what you said. I am actually asking about the intent cause it will be reviewed anyways as any immi officer think of anyone looking for a non immi visa with intention of immigration, till otherwise proved.

I know I won't be able to petition my wife for green card till more than 5 years. We actually not looking for that now cause I am yet to apply for citizenship. Having said that, she just doesn't wanna waste time waiting for her application for a green card to be reviewed, and decided to use time in studying. Moreover, she has more promising job position, waiting for her after she returns back.

My question is, having my case in mind, what are the odds of her getting approved for M1, providing the home ties I mentioned in my original post.