Legal Question in Immigration Law in Virginia

Sponsorship for F1 Visa

I an currently under adjustment of status to Permanent residence, hopefuly I will have it sometime next year. My girlfriend lives in the Central America. Unfortunately, I cannot visit her very frequently because of my work. I have the status of a B1/B2 visa, it will be dificult for her to get it because, nor she, not her family has the finatial means to warrant her return home is she visit. I have enough money to sponsor her for an F-1 visa for her to go to a Junior college here. She meet all the requirement to get an I-20 under my sposorship?

1) It is OK for me to sponsor her? Given that in the future I might get engaged to her...

2) It is very difficult to show tie to her country because her family is not rich.

3) I know I can get her I-20 but it is wise for her to go an apply for F-1 knowing that there is a very good chance because of what I stated above she might get denied.

4) what will be her best approach to the interview?

I know this are complex questions. I will apreciate if anyone can shed light on this. I have look into all the angles and its just seems very difficult for her to ever step here for a visit for long time.

Thanks


Asked on 11/14/05, 11:46 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Sponsorship for F1 Visa

Until you obtain lawful permanent resident(LPR)status, meaning that you are a so-called green card holder, you are in no position to sponsor your girlfriend for what's known as a fiance visa----or anything else, as far as I can determine.

Furthermore, an alien applying for an F-1(student) visa must have a SEVIS (Student Visa Information System)generated I-20 from a school/university approved by the Department of Homeland Security. The I-20 must be signed by a representative of the educational organization

as well as the F-1 visa applicant and submitted as part of her application for the visa.(Forms I-156 and I-158 and, possibly others as well.)

You as a holder of what is essentially a short term business class visa (B1/B2) would be in no position to secure the immigration documents required for your girlfriend to obtain an F-1 visa nor would you have the legal status to do so.

The F-1 visa applicant must apply on her own in her own country at a U.S. embassy or consulate facility and appear for an individual interview.

None of the information regarding your girlfriend which you've referenced in your question would appear to be necessarily disqualifying for her F-1 visa application although, obviously, such a visa applicant must be able to demonstrate that she has sufficient resources to support herself in her studies in the United States.

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Answered on 11/15/05, 10:25 am


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