Q: Spouse applying for F1 visa when already applied for i130 but cannot one step adjust status due to F2A category backlog?
Hello,
So we have recently got married my spouse is on B2 Visa and I am a green card holder and also applied for my citizenship and processing time is still 6 months to go. My wife's B2 visa is expiring in the first week of December 2023. I have written in the form i130 that we'll adjust status in the United States. I am going through some medical issues for which I want her presence at all times and I really don't want her to travel back and then do consular processing. I really want her to continue her studies here with me.
Can she apply for f1 visa and study here in college in her field of expertise while my N400 is processing since I cannot adjust status because dates for filing is 1st Sept 2023 for F2A and our priority date is in last week of September, we can only wait to look for two visa bulletin's November, and December if the date for filing gets pushed to 01 October 2023 then we can only adjust status. Also will F1 status create any issue with filed i130? Advice/Help
A: Being a beneficiary of an I-130 with intent to adjust status would be an issue in an F1 application as the F1 requires nonimmigrant intent. Work with an immigration attorney to strategize
A: As another colleague already mentioned in his reply, you should consult with a competent and experienced immigration attorney who can discuss with you the concept of immigrant intent as it relates to applying for a nonimmigrant status (like F-1). Some attorneys offer online video or telephone consultations if you find an attorney you like, but who may not be located close to you. Good luck.
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