Legal Question in Immigration Law in South Carolina

Student Application

I am an east-European and I am married to a U.S. citizen. I left the school and we got married in my country, in March. He went back to the U.S. and, meanwhile, I found a place in a Master program of a prestigious school in the U.S. I applied, I was admitted, but I was refused at the visa interview, because I am married to an American and supposedly not intending to come back in my country after completing my studies. At the interview, I was advised to apply for a spouse visa. I find the marriage visa application very intricate and it would, probably, take a long time. If I fail registering for school, after four terms my admission would be revoked. My husband was told that, in order to prove our good intentions, we should file for a marriage visa and, then, I could apply for a student visa simultaneous processing (before the spouse visa would have been processed).

1)I would like to know your opinion on whether this multiple application(IR1, K3, Student Visa) would be possible and if you think it would help me get a student visa. 2)In case the answer is negative, I would need to know if my school admission documents could be taken into account for a faster processing of my non-immigrant K3 visa. Thank you!


Asked on 9/12/08, 11:14 pm

1 Answer from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Student Application

I think you will cause great confusion if you try to follow the route that you are currently contemplating. Not to mention that you are looking for an immigrant visa at the same time as a non-immigrant visa. I think you're trying to get too much done and it's just not feasible. Now with that said, we should discuss what is the most practical option based on your personal preferences. It makes sense for you to speak to an attorney who can strategize with you and help you put together a practical plan that will minimize confusion. Feel free to call me to set up a consultation.

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Answered on 9/14/08, 4:31 pm


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