Student Visa For Arg Wife

[Azagarth]

So I am getting married next month and wanting to head back to the USA as soon as possible after the wedding. From everything I read though the spousal visa is more or less a year waiting time before she will actually get one and that is if everything goes smoothly. This visa stuff is just ridiculous.....

However I was thinking that she could apply for a student visa to study English in the states and that might be a quick way to get her there, and helpful too since she really does have to study it anyhow.

Does anyone know if this is even possible for my argentine wife to get there on a student visa, and then the plan while there would be to start her immigrant visa. Would this cause issues for her, or for me by going this route?

Anyone have any other ideas that could help expedite us getting to the USA together quickly, but legally. I just want to get back there to start working and studying again myself, but I won't leave my wife behind here in argentine while her visa is in process, so I'm looking at being stuck here in argentine for awhile which doesn't make me to happy. Love argentine but it's time for a change of scenery.

 

[John1017]

I'm in the same boat as you, I don't have an answer to your question but I second your question to any who can answer. I don't want to be stuck in Argentina either waiting for a visa, as much as I love my wife and like buenos aires, I like the USA too much.

 

[Girino]

Being you two already married, I think USCIS will smell a very high risk of illegal immigration on her behalf and never give her a student visa.
The route most common was the opposite: first get a student VISA, then marry in the US.

Or you could have sponsored her for a fiancée VISA, marry her in the US and then wait there together for the sponsorship to go through asking for an adjustment of status (from the fiancé visa to the permanent resident visa).

In your situation I have no other advice than waiting. It should be a matter of months (6), anyway.

 

[John1017]

That's what I imagined, I figured people have already thought about trying for a student visa instead of fiancé or spouse visa, and would be frowned upon. Better to do everything correctly. Or you could fly to Mexico and cross the border and meet Michelle Obama on the other side.

 

[Chet]

The legal route is so lengthy and complex I do wonder more people are not simply taking the easy way over the border ...
just sayin

 

[ajoknoblauch]

That's what I imagined, I figured people have already thought about trying for a student visa instead of fiancé or spouse visa, and would be frowned upon. Better to do everything correctly. Or you could fly to Mexico and cross the border and meet Michelle Obama on the other side.

That would certainly be better than meeting Rick Perry.

 

[Girino]

The legal route is so lengthy and complex I do wonder more people are not simply taking the easy way over the border ...

Because when their time will come, they will be denied a full legit VISA and banned from the US for 10 years or more.
For me, it is not worth the risk.

Anyway, being sponsored by a US citizen is the fastest possible way, cutting sponsorship time drastically (around 6 months vs. 2 years for permanent resident' spouses)

 

[PhilipDT]

Since you're not currently married I'd give this a try:

The route most common was the opposite: first get a student VISA, then marry in the US.

I'm guessing it will be far easier.

 

[Farenheit]

I would take legal advice before trying that. I know someone who was in US on a student or work visa (can't remember which), married a US citizen and then applied for a change of status based on that. She was deported for 10 years!

 

[DontMindMe]

Anyone have any other ideas that could help expedite us getting to the USA together quickly, but legally. I just want to get back there to start working and studying again myself, but I won't leave my wife behind here in argentine while her visa is in process, so I'm looking at being stuck here in argentine for awhile which doesn't make me to happy. Love argentine but it's time for a change of scenery.

News flash, everyone applying for a visa for their partner wants it ASAP. Unless there is some sort of natural disaster in Argentina, your chances of getting an expedite are slim to none. However, know this-- USCIS is processing petitions for couples living abroad extremely quickly at the moment. So include evidence of your residence in Argentina with your I-130 package, and you may get your I-130 petition approved in less than a month as opposed to the 4-6 months it's currently taking (depends on the service center). There are other steps after that with a different office (NVC, which is backlog city right now ughhhh), but still, our petition was approved in 16 days and we couldn't believe our good fortune.

I suggest you take your questions to the forum Visa Journey. The people there are very knowledgable and it's an entire forum devoted to the different types of American visas. There are spreadsheets, timelines, example forms and other tools to help you know how fast the different steps take for everyone else who is trying to get your same visa type.

As for adjustment of status, it is extremely risky. If granted, you get residency in a few short months. If denied, you risk being accused of fraud, which could lead to a 10-year ban. Deciding to stay in the U.S. and adjust has to be a truly spontaneous decision, and if it's not, the government WILL find out. If you're already asking about immigration options on the internet, consider yourself ineligible.