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Question About US Student Visa Renewal

Charles asks…

Is it easier to get a F-1 student visa renewal or a spouse K-3 visa, for spouse abroad married to US citizen?

My husband and I married a year and a half ago while he was here on a student visa (F-1). I am a US citizen. We haven’t gone through the process of adjusting his status and now his F-1 visa just expired. Unfortunately, he had some complications this semester and did not register as a full-time student in time and has fallen out of status. Now he is being told that he will need to leave the country and return to India to renew his student visa. My question is: Will he be allowed to apply for an F-1 visa renewal while in India, or is the K-3 his only option. We really want him to be able to return to the US as quickly as possible to resume his studies and from what I’ve heard the K-3 visa process can be quite time consuming and cumbersome. Technically we haven’t decided on where we will live in the future (US or India) and I could possibly write a letter saying we plan to live in India or haven’t decided. Is there any chance of obtaining the F-1 student renewal instead of the K-3 visa to get him back here more quickly?
He is still in the US and planning to leave in less than a week. Should I tell him to stay and apply for adjustment for status? How long would he have to wait before he could start school with this route?
Weve have talked with an immigration attorney and it looks like the best route will be for him to stay with me in the US and apply for adjustment of status….

Best Answer:

Yes, there’s a chance he might qualify for an F-1 visa instead of an immigrant visa or a K-3 visa. There is also a chance that there will be a white Christmas in Mumbai this year. However, we all know that the chances are slim in both cases.

If he is already out of the country, the K-3 might take just as long as a straight application for the immeidate relative immigrant visa. You can submit Form I-130 along with the supporting documents, and he would be on his way to permanent resident status. You have to file an I-130 before filing the I-129f with the Missouri Service Center. The I-129f must be accompanied by proof that an I-130 is on file.

If the I-130 has been approved and received at the consular post, a K-3 visa will not be issued because the post will simply go ahead with the immigrant visa process.

Posted From Yahoo! Answers (for informational purposes only)

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