Fiancee Out of Status

[RR2657 0]

Hello Everyone,

So my situation is a little complicated (bear with me).

I applied for a K1 visa on behalf of my fiancee, and we just received our NOA2 (thank goodness).

While filling out the next set of forms, we realized we could have a serious issue.

The DS 156 form asks "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

The issue is this: my fiancee (who used to be a Tanzanian citizen, but is now a Canadian national) used to live in the US, attending university in Albany. She attended university there on an F1 visa, completing two semesters (Summer 1999 and Fall 1999). However, she didn't attend any classes during her third (Spring 2000) semester (health and financial issues prevented her from returning to school). She lived in Albany from January - July 2000 without attending school, and departed voluntarily to Canada (she was granted the Canadian equivalent of a green card, so she left the US).

So the question is this - how do we address the fact that she lived in the US on the strength of an F1 visa, but didn't attend classes? Can this pose a significant issue as we move forward in her application process?

Interestingly, she didn't return to the US until November 2000 (so 3+ years after she voluntarily left the US), and was issued a tourist visa without issue. In fact, she has continued to travel between Canada and the US without any issues, which makes me think they haven't "flagged" her for anything.

Has anyone else encountered something similar? Any advice would be greatly appreciated.

Thanks.

[LookyWhatIFound 38]

Hello Everyone,

So my situation is a little complicated (bear with me).

I applied for a K1 visa on behalf of my fiancee, and we just received our NOA2 (thank goodness).

While filling out the next set of forms, we realized we could have a serious issue.

The DS 156 form asks "Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?"

The issue is this: my fiancee (who used to be a Tanzanian citizen, but is now a Canadian national) used to live in the US, attending university in Albany. She attended university there on an F1 visa, completing two semesters (Summer 1999 and Fall 1999). However, she didn't attend any classes during her third (Spring 2000) semester (health and financial issues prevented her from returning to school). She lived in Albany from January - July 2000 without attending school, and departed voluntarily to Canada (she was granted the Canadian equivalent of a green card, so she left the US).

So the question is this - how do we address the fact that she lived in the US on the strength of an F1 visa, but didn't attend classes? Can this pose a significant issue as we move forward in her application process?

Interestingly, she didn't return to the US until November 2000 (so 3+ years after she voluntarily left the US), and was issued a tourist visa without issue. In fact, she has continued to travel between Canada and the US without any issues, which makes me think they haven't "flagged" her for anything.

Has anyone else encountered something similar? Any advice would be greatly appreciated.

Thanks.

I am in no way really knowledgable on this but here's my 2 pennies.

I just took a look at the guide for F-1s at UCLA. http://www.internationalcenter.ucla.edu/files/pdf/F1Handbook.pdf

Just as an example:

They do mention that in case of illness or request for leave of absence if you get prior approval from your academic counselor you may not be required to attend.

So it seems it could be possible this is ok. To me it does not sound like a violation and like you said she didn't get flagged for anything. She had a valid visa to be in the country and her school did not report it as a violation of her F-1.

Edited May 20, 2011 by LookyWhatIFound

[LookyWhatIFound 38]

I am in no way really knowledgable on this but here's my 2 pennies.

I just took a look at the guide for F-1s at UCLA. http://www.internationalcenter.ucla.edu/files/pdf/F1Handbook.pdf

Just as an example:

They do mention that in case of illness or request for leave of absence if you get prior approval from your academic counselor you may not be required to attend.

So it seems it could be possible this is ok. To me it does not sound like a violation and like you said she didn't get flagged for anything. She had a valid visa to be in the country and her school did not report it as a violation of her F-1.

Does any of this apply to you? If you weren't there beyond the dates that you were authorized to leave you're ok.

"Staying Beyond Your Authorized Stay in the USA and Being Out of Visa Status

It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website. Staying beyond the period of time authorized by the DHS causes you to be out-of-status in the United States, which is a violation of U.S. immigration laws. This may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more. Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized, even by one day, results in your visa being automatically voided, in accordance with immigration law, INA 222(g)."

http://www.h1base.com/content/f1visa

Well good luck!

[Penguin_ie 5,992]

***** Duplicate thread in CR-1 forum removed *****

Considering she got a tourist visa, it may not even come up, but best be prepared. What dates exactly did she stay in the US without attending school? Sounds like it could be less than 180 days, in which case you'll be ok.

[RR2657 0]

Hey all - thanks so much for the replies, and apologies for my late response.

She stayed in the US from December 1999 (ie, the end of the semester) through July 2000, so she was here without going to school for ~7 months.

Will the 7 months be an issue?

By the way, her student visa was valid until March 2001 (her visa was from 3/1999 - 3/2001).

Thanks again for the help!