On Mon, 22 Sep 2003 04:20:33 -0700, Sol_solved wrote:
> My fiancé has just had a 4-year (maybe 5, I can't recall) student visa
> (he's not a GC holder, his sister and her husband are, though) and he's
> just gotten it renewed until 2007 (he went to his country, India, for
> this). I am Argentine, and I went to US for a month last January in a
> 30-day B2 visa that took lots of effort to get (applied, got 214b,
> applied again, got it by a small margin). My country went from visa
> waiver to really difficult visas in less than a year.
>
> He has been here 2 years ago, and probably will be back late this
> year/early next year.
>
> We plan to get married in India and in Argentina, and hopefully go to US
> to study (he's doing his PhD and I am halfway my bachelor's/Master's
> now, I'd cut it and transfer to there).
>
> The question is how? How can we actually get married and end up
> studying/ living in US in a semi-normal timeframe?. Here's what I could
> think of:
>
> a) The regular plan was getting married first in India, then in
> Argentina, adding me to his student visa, going to US and adjusting my
> state there later.
You don't adjust status in this situation. "Adding you to his student
visa" really means, applying for an F-2 visa on your own. Once you travel
to the US, you would get F-2 status right at the airport. There is nothing
to adjust after that; you simply remain an F-2.
If you want to study yourself, then of course you would need your own F-1.
It is a good idea to get that before you leave from Argentina. If asked
about your fiance, the important point to tell them is that he is an F-1
non-immigrant (if he was a US citizen or GC holder, there would be a good
chance the F-1 would be denied).
> b)We don't want to get married in US, so a K1 is ruled out, plus he's
> not a citizen.
Yes. Not even an option.
> c)Getting married, I get a student visa and go "on my own" I imagine
> it'd be a bit easier to get approved at his same college if we're
> married.
See above, yes, this seems like the way to go.
> d)There's the chance of waiting til he has a GC. Which could be 5 years
> from now. I am getting old in the meanwhile :D. I wouldn't choose this
> unless it had great advantages
In the contrary; it has drawbacks. Go for it now.
> e)He can't come live here, even if the visa process is 10 times easier,
> he doens't speak a word of our language, and he works and studies at the
> univ's lab with a kind of technology that's unseen of here. It'd be too
> frustrating for him (and me too)
>
> f)I can get an Italian citizenship in a couple years. That will help me
> with the tourist visa problem, but would it do any good for a student or
> immigrant visa?
No difference there.
> g) There's the option of getting married in a civil ceremony this year
> (here in Argentina) and waiting 2 or 3 years until (I am) moving to US.
> he would stay in US with his student visa in the meanwhile. Will this
> help anyhow?
No difference.
> h) What if he gets sponsored for a GC sooner, would that help?
No difference. You need to make sure that you get married BEFORE he gets
his GC.
> Well, this is all I can think about, I really, really don't know what
> route to follow. I'd appreciate any help!
>
> Thanks,
>
> Sol.
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