Will going back to school hurt my chances of getting my husband’s visa approved?

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Will going back to school hurt my chances of getting my husband’s visa approved?

I am getting married outside of the country in 3 months and am also seriously considering going back to school full-time. I am concerned though, that if I quit my job to go to school and therefore have no income, that the US govt could decide that I am unable to support him and choose not to approve his visa. Is this possible? Likely? Should I wait to go back to school until his visa is approved?

Asked on September 27, 2011 under Immigration Law, Ohio

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you are not going to have to income to act as the primary sponsor of your husband's petition, you will need to have a joint sponsor whose income is sufficient to sign the affidavit of support on your husband's behalf.  Without that, your husband's visa application will not be approved.  Also, please note that if you are going to be going to school overseas, you will need to make sure you prove to the USCIS and the US Consulate where your husband will be processing his visa that you are still domiciled in the United States and intend to reside in the US fulltime; otherwise, his visa application may be denied.


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