Some conditions:
- We have been living in a foreign country and have / can show strong ties to the foreign country (e.g. owning a house) we reside in. The USC is a Permenant Resident of the foreign country.
- We show no immigration intent as the foreign spouse truly wants to go to the US to study and return to the home country to work.
What is the likelihood of the foreign spouse to obtain F-1 visa approved? Thanks.Is it true that the foreign spouse of US citizen can't get F-1 student visa?
well, if you actually intend to go to school while your USC spouse continues to live and work abroad, you could be approved. in actuality, there's no absolute regulation that would require you to be denied. and it really is a matter of intent. in actuality, if your spouse filed an immigrant petition for you back home, that would go faster than if he did the same thing back in the US, so you don't personally benefit that much by trying to go around the immigration line by using a tourist visa, VWP or a student visa. no one can really say what your chances are, but it's certainly possible that you'll be approved.Is it true that the foreign spouse of US citizen can't get F-1 student visa?
George is right as usual. Part of the issue is intent. The place where you can verify intent is difficult for INS to look into- someone's skull- so they frequently go by other factors, such as whether the applicant might have immigration rights through a spouse. One other significant factor involves ties to a foreign country. Frequently this involves documentation of economic ties- a job is a good measure of what sort of ties someone might have. Without more facts, I'll echo George and say that a potential student can study as an immigrant with more certainty than as an F-1.
What to do? Try for the F-1 and if that fails, go for the I-551 as a spouse.
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