Why wouldn’t your spouse just stay on the student visa? From what I gather it’s purely the processing that is overseas.
replyStay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card
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.
replySo 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.
Right. But logically it makes sense - unless you have a valid visa you’re not allowed to stay.
replyYou 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”