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Will a Visa Renewal Jeopardize a Later Green Card Application

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  • 09-03-2015, 07:27 PM
    TinTin
    Will a Visa Renewal Jeopardize a Later Green Card Application
    Currently in the US on an F-1 student visa, I need to renew it for an emergency trip abroad since the visa sticker just expired. Proving 'ties with my home country and the intent to return', however, might be complicated by the fact that I got married to a US citizen and we have a baby together. In fact, we do wish to start the green card procedure very soon (within the year). But even if I clearly state before the immigration officer that my intent is to return to my home country after my studies are over, will the very fact that I had my visa renewed now jeopardize my spouse-sponsored green card application in the near future? Or, put differently, will the argument that my intent has changed be construed as 'visa fraud' when my green card application is reviewed?
  • 09-03-2015, 08:25 PM
    T53147
    Re: Does Visa Renewal Now Jeopardize Green Card Application Later
    Your family situation makes F-1 stamping unlikely. DO NOT LIE ABOUT MARRIAGE AND CHILD IN ORDER TO OBTAIN F-1 VISA STAMP. That could get you banned for life.

    Without a visa stamping, you will need to remain in your home country for immediate relative filing of US citizen for a spouse. Why have you waited to file?

    You posting makes me uncomfortable about how you intend to present your case for stamping. Consult an attorney.
  • 09-03-2015, 08:39 PM
    TinTin
    Re: Does Visa Renewal Now Jeopardize Green Card Application Later
    Thanks for your response; so regardless of the green card question: you think I won't even qualify for the F-1 visa at this point? So if I leave now, I would not even be able to come back and finish the class I'm teaching, drive my son to the pediatrician? That'd be terrible. But it should be possible to renew a student visa stamp, even though I'm married? We might all go to Europe when I'm done (and my I-90 is still good up to 2018, which is when my program ends). (Of course: lying would be a very bad idea.)
  • 09-04-2015, 01:54 AM
    T53147
    Re: Does Visa Renewal Now Jeopardize Green Card Application Later
    F-1 required that you have no immigrant intent. Marriage to a US citizen and a US citizen child makes immigration likely. You even mentioned it yourself. If you were married to a national of any country other than the US, your marriage would not be an issue since you could gain no US immigration benefit from the marriage. You are less likely than not to get F-1 stamping. If you want to continue your studies and live in the US, file immediately for adjustment of status and defer your travel.

    If your trip is to see someone, and they can travel to Canada or Mexico, look into automatic visa validation. Be sure you understand how it works before attempting to use it. If it is for something like a wedding, you have to decide what is more important - your presence at the event or your residence in the US.
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