interaction student visa / fiancee visa

[agada 0]

Hello,

I am new to the forum section of this website, but I could already use some of the great guides on timelines etc.

I couldn't find an answer to some questions I had regarding my situation though, which is the following:

I am a non-USC, my fiance is a USC working in the US. I do not work and applied to a graduate school to start studying again -- in the US this time.

I have spent 2x 3 months under the VWP in the US in the past 8 months, and I am now waiting to know if my application at the school will be accepted or not.

We recently decided that we wanted to get married as my fiance's position in the US got confirmed and there is no way he can find work in my country, so we filled out an I-129F form a few days ago.

But now I am wondering:

1) whether filing the I-129F petition could prevent me from obtaining my student visa (were I to be accepted in this program) as the USCIS administration may think that I am trying to enter and remain in the US in a fraudulent way

2) whether we wouldn't be better off forgetting about the fiancee visa if I get accepted in this program, and just get married once I'll be in the US to study.

Thing is, the program is a distance-learning program that requires me being on campus only 2 weeks every semester, so I would spend most of my time in the US at my fiance's. And I am wondering if that detail wouldn't prompt an immigration officer to deny me entry to the US, as they would think once again that I am really trying to force my way in the country and remain there in an illegal fashion. Especially given the fact that I've been going back and forth from my country to the US quite a bit in the past year (3 times for a 5-week holiday and then twice for 3 months each time.)

I talked very briefly to a lawyer who told me that my intention when coming to the US on a student visa shouldn't be to marry a USC, as this would be illegal. According to him, I needed to give only 1 intention at a time, not to confuse everything for the administration. But then, life is mostly multi-layered and if I am pretty desperate to be accepted in this school program, I am also in love and would like to get married sooner than later! And in terms of timing and agenda, having my USC fiance going to my own country to marry is just unpractical as he is working most of the time, even if I imagine it could make things seem more legitimate in the eyes of the USCIS.

Any suggestions??

=> is it OK to file a I-129F if I want to be able to ask for a student visa at the US embassy of my own country at the same time that the petition is being processed at the US service center? or would we risk to be refused both?

=> is it OK to get married on a student visa knowing that I've already seen a lot of my USC fiance as a simple visitor under the VWP in the past year?

Thank you for ANY help.

My big problem right now also is that the school is taking much too much time to answer on my application, and I feel I am depending on their answer to move on to the next course of action.

THANK YOU!!

[Fischkoepfin 1]

Any suggestions??

=> is it OK to file a I-129F if I want to be able to ask for a student visa at the US embassy of my own country at the same time that the petition is being processed at the US service center? or would we risk to be refused both?

=> is it OK to get married on a student visa knowing that I've already seen a lot of my USC fiance as a simple visitor under the VWP in the past year?

Since you'll have to indicate that your fiance lives in the US on form DS-156, you will most likely have a hard time getting a student visa, because it will be hard to prove that you're not planning to marry and that you don't have immigration intent, especially if you plan on living far away from campus. In your situation getting a student visa is difficult, whether you filed I-129f or not.

That said, your best option would be filing the I-129f and wait for it to be processed before starting grad school. Most schools allow you to defer admission, especially when there is a visa issue that needs to be taken care off.

Regarding your last question, it is of course perfectly legal to get married on a student visa while in the US. You need to be able to convince USCIS, however, that you did not plan to get married when applying for the visa and that you intended to return to your home country when done. I've known many people to do that, and I haven't heard yet of a denial. So, your lawyer might not be the most educated in regard to immigration law, and if you're planning to use an immigration lawyer, start looking for a different one.

As to your visits under VWP, I hope you did not overstay because that can complicate things. VWP only allows you to stay in the US for a certain number of days (90, I think) per year.

Good luck!

[agada 0]

In your situation getting a student visa is difficult, whether you filed I-129f or not.

That said, your best option would be filing the I-129f and wait for it to be processed before starting grad school. Most schools allow you to defer admission, especially when there is a visa issue that needs to be taken care off.

As to your visits under VWP, I hope you did not overstay because that can complicate things. VWP only allows you to stay in the US for a certain number of days (90, I think) per year.

Thank you so much for your answer!! This is definitely helpful. It doesn't seem like I should even try to get this student visa now, as this would only be a waste of time and money.

Now another question if I may "abuse" of your knowledge a bit more: do you think going to the US a 3rd time in less than a year (actually, with the short holidays we took in July 2005, that would make it the 4th time in 12 months), in parallel to having filed a I-129f petition, could be a problem?

I have done my homework on the timeline for a fiancee visa, and it seems like I wouldn't be able to be back to the US on that visa before another 6 months. And I'm not sure I can handle such a long wait, with maybe only a couple of visits from my fiance to my country.

Would I risk being refused entry to the US territory by the immigration officer at the POE ?? (I have never overstayed the 90 days limit, which is actually more of a 3-months limit -- I got in the US on the 1st of Feb. and the final departure date was May 1st, while 90 days meant a couple of days before that -- but everytime I have stayed a good 85 days, so it's obvious I was trying to make the most of my time in the country under the VWP)

Thanks again for any help!!

[motu 5]

If you file for K1 and then try to enter the USA be prepared to be denied entry - it has happened to several people but some others have had no problem. So, you can take a chance - maybe fly on a Saturday and be in the middle of a LONG LONG line at immigration!

[agada 0]

If you file for K1 and then try to enter the USA be prepared to be denied entry - it has happened to several people but some others have had no problem. So, you can take a chance - maybe fly on a Saturday and be in the middle of a LONG LONG line at immigration!

Alright so I guess that's not really an option... don't really feel like being sent back with my big bags after 15 hours of flying and having to deal with the huge disappointment of not being able to see my sweetheart...

Thanks for your answer!! (and I usually try to fly on Wednesdays, as it REALLY makes a difference in terms of fares... no I'm not cheap I am FRUGAL, it's a matter of perspective...)

[meauxna 15]

(I have never overstayed the 90 days limit, which is actually more of a 3-months limit -- I got in the US on the 1st of Feb. and the final departure date was May 1st, while 90 days meant a couple of days before that -- but everytime I have stayed a good 85 days, so it's obvious I was trying to make the most of my time in the country under the VWP)

I'm not sure exactly what you are saying here, but it's a good place for a reminder. The VWP is valid for 90 days, not 3 months. They are usually 2 different periods of time. Count carefully!

http://travel.state.gov/visa/temp/without/without_1990.html

The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.

If one does stay past the 90 days allowed in the VWP, they are not elligible to use the VWP again and must apply for a visa.