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Immigration Issues/F1 Visa Stamping Canada

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Question
Dear Mr Singh,

I am an Indian citizen married to another Indian citizen who also holds a US Green Card. I already had a B-2 tourist visa before marriage, and used that to enter US after I got married. While in the US, I applied for a COS to F-1 which was approved, and have maintained full-time student status for the past 1 year.

I was planning on visiting my family in Canada in May/June when I have summer vacation in college. Since I do not have an F-1 stamp on my passport, I understand that I would need to go to US Embassy/Consulate to get the F-1 visa.

My questions for you are-

1. Is there any risk of my F-1 visa being denied since I am married to a Green Card holder and thus would potentially have Immigration intent? My husband has not applied my I-130 since we are waiting till he becomes a US Citizen.
2. Is it better to go to India or Canada to get the F-1 stamping?

Thank You!

Answer
Dear F1Student:
Being married is okay as long as immigrant petition has not been filed.  You may send your information to the consulate in Canada and get their response before making travel plans.

However, because of certain complexities involved in your situation your query may not be meaningfully answered here on the forum; I would advise that you have a proper professional consult on the issue with an experienced Immigration Lawyer.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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