K1 and F1 fiasco ... fiance got accepted to a university

[Boiler 45,402]

Both F1 and K1 are non immigrant visa's. Dual intent would be H1 and L1 for example.

The K1 allows immigrant intent, probably not quite right legally but that is the jist.

[rdbdds 2]

Here is a quick update:

I called USCIS who informed me that:

1) Dual Intent as defined above is in regards to lying on an application.

2) If you file for F1 status knowing that you will soon file for K1, they revoke both visas, deport you, and ban you for life.

3) If you file for a K1 visa and need a F1 visa due to time constraints, it is 100% up to the Consulate to grant that information.

4) There are 0 consequences for filing to expedite except rejection. I filed under Emergent Situation and gave my contact.

About 1 hour later I got this email:

U.S. Department of Homeland Security

CALIFORNIA SERVICE CENTER

24000 AVILA ROAD

LAGUNA NIGUEL,CA 92677

U.S. Citizenship and Immigration Services

Tuesday, January 18, 2011

Emailed to REDACT

Dear REDACT:

On 01/18/2011 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I129F

Filing date:

-- 11/10/2010

Receipt #:

-- REDACT

Referral ID:

REDACT

Beneficiary (if you filed for someone else):

-- Information not available

Your USCIS Account Number (A-number):

-- 000000000

Type of service requested:

-- Expedite

The status of this service request is:

Your request for expedited processing has been received. We are unable to determine whether your request meets the expedite guidelines established by U.S. Citizenship and Immigration Services due to lack of information in your request. However, you may submit the school evidence from your spouse. You may fax the document from the school to the attention of Officer Au at 949-389-3441.

All foreign language documents must be submitted with complete word-for-word English translations. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate. Do not submit the English translation without the foreign language document.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must submit Form AR-11 AND notify this office of their change of address, within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). To notify this office of a move, visit our website at: www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. The Form AR-11 can be downloaded from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. Instructions for filing the Form AR-11, including mailing instructions, are included on the Form.

U.S. Citizenship and Immigration Services

I faxed over a cover letter explaining the situation and the reasoning to expedite. My fiance talked to the consulate in Bs As, who stated they would be highly unlikely to issue a F1 visa for a K1 candidate. So, I am crossing my fingers and hoping for a miracle!

[rdbdds 2]

WOOOOOOOOOOOOOWWWWWWWWWWWWWWWWWW

The lady on the phone told me to expect a response within 10 business days.

I got an email today stating

Your Case Status: Post Decision Activity

On January 25, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

INCREDIBLE!!

Now, the trek continues!

[dogspot 90]

Congrats!

This is really incredible. Best wishes to both of you the rest of the way.

[MochiKamo 93]

Wow, congratulations !!!! That turnaround is simply amazing.

Your I-129f was approved in 76 days from your NOA1 date.

[rdbdds 2]

Wow, congratulations !!!! That turnaround is simply amazing.

I know .. we both felt such a huge relief!

This is like 2 miracles in the last 6 months. We spent around $15,000 in applications, interviews, and securing her spot for the grad school. About 70-80 people apply per school per year from all around the world. They give 10 people interviews and select 5-6 students. So she is in the top 10% of the selection, but the top 1% apply.

So, yeah, one miracle after the other. It was going to be a shame to lose this huge opportunity over a visa, but man.. wow.. still in disbelief!