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F1 Visa for person waiting in F2 immigrant category

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  • F1 Visa for person waiting in F2 immigrant category

    I am a permanent resident who just got married to somebody in India who has an I20 to a school in the United States.

    Should I wait for her to get her Student Visa before I file for her I-130 or is it OK for me to file for her I-130 prior to her appearing for her F1 visa interview?

    Are there any known issues regarding F1 approvals for a person who is waiting for her priority date on her Family based immigration to apply for a non immigrant Student visa?

    Any help will be greatly appreciated.

  • #2
    You should file the petition after your spouse enters the US on F1 visa. Consult an attorney.
    This is my opinion and not legal advice.

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    • #3
      Thanks for your response. Thats what I presumed.

      Thats what I presumed would be best to file for I 130 after she had entered the country on F1.

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      • #4
        In any case she must mention your status in her visa application.
        This is my opinion and not legal advice.

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