Four Oaks, NC asked in Immigration Law for North Carolina

Q: Is it possible for a US Citizen's spouse to apply for an F1 visa, or is it best for them to apply for a marriage visa?

This is assuming they would be studying in the United States either way.

Related Topics:
2 Lawyer Answers

A: It is possible for the spouse of a US citizen to apply for an F1 visa (as long as they otherwise qualify) but it would probably be better for the spouse to get permanent residency in the USA (i.e. marriage visa) so the spouse doesn't have to pay international student fees. Best wishes!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If the spouse of a U.S. citizen intends to study in the United States, they have two primary options: applying for an F-1 student visa or applying for a green card through marriage to the U.S. citizen spouse.

If the spouse applies for an F-1 student visa, they will need to demonstrate that they intend to study in the United States and have sufficient funds to support themselves during their stay. They will also need to meet other requirements, such as having a valid educational purpose for their stay in the United States and demonstrating ties to their home country to ensure they will return after completing their studies.

If the spouse applies for a green card through marriage to the U.S. citizen spouse, they will need to go through the marriage-based immigration process. This involves filing a Form I-130, Petition for Alien Relative, and a Form I-485, Application to Register Permanent Residence or Adjust Status. The spouse will need to demonstrate that the marriage is genuine, that they are admissible to the United States, and that the U.S. citizen spouse can financially support them.

The choice between these two options will depend on the individual circumstances and goals of the spouse and the U.S. citizen spouse. Applying for an F-1 student visa may be a good option for spouses who want to study in the United States for a limited period of time and plan to return to their home country afterward. Applying for a green card through marriage may be a good option for spouses who want to permanently live in the United States with their U.S. citizen spouse.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.