Curiousity more than anything....

[MichelleN 0]

My fiance was out here last year on a Student Visa and my mother mentioned that our Visa application might get processed quicker because of that. Her reasoning being they won't have to do a background screening on him again since it was already done for the Student Visa. Me, I'm a bit more skeptical about that line of thinking. Would there be any benefit for him having JUST gone through an extended stay Visa process last year? Like I said, I'm just curious

[KimandRuss 0]

probably not

[Chica Yeyé 41]

I don't think so either. Also, does his student visa have a residency requirement? I've read here that folks with a student visa have to live in their countries for 2 years before coming back. Have you checked that out?

[MichelleN 0]

Yeah I thought not lol My mom's an eternal optimist Wish I could be like that.

Len & Bren I dunno o.o I hope to god not....I mean it would be a 'permanent' stay this time so I don't think they would deny it because of that...

[Immigration_Law 0]

The wait time would be the same. The fact that he was here last year as a Student would not expedite the matter. To the contrary, on a visa interview, a consul can ask several more questions trying to find out whether he ever was a so called "student visa violator" (e.g. worked w/o work permit, etc).

Usually, for a fiance visa, a consult is more concerned with the nature of your relationship (bona fide) and affidavit of support.

Yes, you could have married last year and applied for adjustment of status (his permanent residency). It's absolutely legal.

http://www.law-visa-usa.com

[Chica Yeyé 41]

Yeah I thought not lol My mom's an eternal optimist Wish I could be like that.

Len & Bren I dunno o.o I hope to god not....I mean it would be a 'permanent' stay this time so I don't think they would deny it because of that...

It would be a good idea to check it out --- I am not sure how it works or if it applies to ALL student visas; but I do know it exists.

[KIMCORENE 0]

I don't think so either. Also, does his student visa have a residency requirement? I've read here that folks with a student visa have to live in their countries for 2 years before coming back. Have you checked that out?

That requirement usually comes with some J-1 visas, not with F-1 visas. Student visas are usually F-1. If he has a J-1 and it does have that requirement, it would state so on his visa and his DS-2019. If he has an F-1 visa and an I-20, he should be ok.

Edited August 19, 2008 by KIMCORENE

[MichelleN 0]

I don't think so either. Also, does his student visa have a residency requirement? I've read here that folks with a student visa have to live in their countries for 2 years before coming back. Have you checked that out?

That requirement usually comes with some J-1 visas, not with F-1 visas. Student visas are usually F-1. If he has a J-1 and it does have that requirement, it would state so on his visa and his DS-2019. If he has an F-1 visa and an I-20, he should be ok.

Ehh..? I have no clue what kind of visa he got. And I doubt he does either...he's not good at remembering those things... So, god forbid, he did he did have a J-1 with a requirement, would that mean no matter what we couldn't get him here for 2 years?

[Chica Yeyé 41]

I don't think so either. Also, does his student visa have a residency requirement? I've read here that folks with a student visa have to live in their countries for 2 years before coming back. Have you checked that out?

That requirement usually comes with some J-1 visas, not with F-1 visas. Student visas are usually F-1. If he has a J-1 and it does have that requirement, it would state so on his visa and his DS-2019. If he has an F-1 visa and an I-20, he should be ok.

There you go - I knew I've read about it somewhere; thanks for clarifying.

Ehh..? I have no clue what kind of visa he got. And I doubt he does either...he's not good at remembering those things... So, god forbid, he did he did have a J-1 with a requirement, would that mean no matter what we couldn't get him here for 2 years?

His passport should say, or his previous visa card.

[pushbrk 12,877]

I don't think so either. Also, does his student visa have a residency requirement? I've read here that folks with a student visa have to live in their countries for 2 years before coming back. Have you checked that out?

That requirement usually comes with some J-1 visas, not with F-1 visas. Student visas are usually F-1. If he has a J-1 and it does have that requirement, it would state so on his visa and his DS-2019. If he has an F-1 visa and an I-20, he should be ok.

Ehh..? I have no clue what kind of visa he got. And I doubt he does either...he's not good at remembering those things... So, god forbid, he did he did have a J-1 with a requirement, would that mean no matter what we couldn't get him here for 2 years?

He doesn't need to remember. He can just open his passport and look at the visa.

[MichelleN 0]

Oh his passport? I'll definitely ask him tonight.... Sorry for the stupid question there. I don't have a passport myself and have actually never seen one so I don't know how these things work.

[u2rsobad 0]

Ehh..? I have no clue what kind of visa he got. And I doubt he does either...he's not good at remembering those things... So, god forbid, he did he did have a J-1 with a requirement, would that mean no matter what we couldn't get him here for 2 years?

Have him look at the visa in his passport to find out which one he had.

I guess I tried to post the same time as pushbrk...same good advice

Edited August 19, 2008 by u2rsobad

[Ana&D 0]

Yeah I thought not lol My mom's an eternal optimist Wish I could be like that.

Len & Bren I dunno o.o I hope to god not....I mean it would be a 'permanent' stay this time so I don't think they would deny it because of that...

It would be a good idea to check it out --- I am not sure how it works or if it applies to ALL student visas; but I do know it exists.

Most of the time 2 year home residency requirement applies to scholars/students on some programs with J-1 visa. If it applies it would say so right on that visa, though.

[Justin and Masako 0]

I have also heard about this requirement but I have also heard that it can be waived as well. So I would see if his visa had that requirement and if it did you could look into the requirements for getting it waived.

I don't know much on this topic but I thought I would mention that.

[MichelleN 0]

Phew, he's got a F-1 and there doesn't seem to be any mention of limitations Thanks for all the help guys.