Q: Can a foreigner married to a US citizen (without Green Card) enter the US on F1 student visa and apply for GC within?
My German husband and I (a US citizen) recently married and both live outside US, but he is applying to US Universities for 2020. Is it possible he can enter the US on an F1 visa and I sponsor him/apply for Adjustment of Status once he has started studying?
A: Your question is actually a bit more complicated than you might think. You will have to navigate issues of immigrant intent and documenting his ties to his home country to prove that he intends to return there. Having said that, you do have a number of options available to you depending on your specific set of circumstances. I suggest that you speak with an experienced immigration attorney to review all of your options and make a decision that will best suit your needs.
Deron Edward Smallcomb agrees with this answer
A: He can, but it’s risky. A student visa is for studying, but if his intent is to immigrate to the US, that could jeopardize his application. Being married to a USC carries a great deal of weight against approving the student visa. He’d have to show he was intending to return to Germany at the end of his studies, and being married to a USC carries the assumption that he would be staying. It would be less risky for you to petition him to come as an immigrant. Then he could start his studies once he’s arrived.
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