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by jesseendahl 27 days ago
No, it is not. And if you fall in love and want to get married to someone on a student visa, your fiancée should not need to leave the country for a year or two to wait for paperwork to process. Which is one of the real world impacts of this change.
1 comments
refurb 27 days ago
Why wouldn’t your spouse just stay on the student visa? From what I gather it’s purely the processing that is overseas.

Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card

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kettlecorn 27 days ago
The green card process can take 9 to 20 months and applying for a green card demonstrates an intent to immigrate so it's highly likely attempts to return on other temporary visas like a student visa will be denied.

So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.

There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.

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refurb 26 days ago
Right. But logically it makes sense - unless you have a valid visa you’re not allowed to stay.

You could go the fiancé visa route and stay in status while waiting for the green card.

I think what this policy is trying to avoid is the blanket “you can stay while processing even if you’re not in the country legally”

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