F-1?? Please Help

[SMT2010 0]

I'm not 100% sure this is an f-1 visa issue, but let me explain my situation. I am a US Citizen who met the love of my life while studying in Spain 3 years ago. We have maintained a long-distance relationship since then, both making multiple trips to each others home countries when we could afford to do so. I am now employed, but live with my parents because it's more economical than renting my own place. My SO and I got engaged this last Christmas while I was in Spain, and we have spent the last year looking at schools for her to do post-graduate studies here in the USA. We applied to a number of schools, and she has been accepted and wishes to enroll in one of them. We spent so much time and energy focusing on the application process, TOEFL score reporting, ECE Evaluation, transcript translations, letters of recommendation, etc...that we didn't really do the research we should have when it came to getting a student visa.

We have spoken to the admissions director at the school she plans to attend. Ideally she would begin in the fall of this year, and the director seems to think it will not be an issue. We have the affidavit of financial resources required for her to get the visa, and he says it is fine. I think we have the rest of the stuff needed to fill out the I-20 and apply for her visa too, but I think there are problems. First, I have read from multiple sources that in order to pass the F-1 interview you need to prove your intent to return to your home country after you finish your studies. Our problem is that in order to get into her education program and take the state exams for teacher certification, she needed to express her intent to become a US citizen within the next 10 years. Would the existence of this letter end up causing her to fail the interview? Also, since we are engaged, it will probably be hard for her to convince any IO that she intends to return to Spain. In fact, we haven't solidified our plans for where we would ideally end up, but it is very possible that we would want to live together here in the USA when she finishes her degree. As long as it's possible, we would probably prefer to be here rather than in Spain.

I am hoping that someone here can give me an idea of how realistic her chances of getting an F-1 Visa are in this situation. If there are unrealistic, what alternative routes to immigration do we have? Should we go the K-1 route and defer her enrollment in the University until she can come here, marry me, and become a resident? We have waited 3 years already, and another year apart would really suck, but if it's our only option, we will do it. I have also read on here about many people marrying while on the VWP and changing their status afterward. Would that be appropriate for a couple in our position? She has some bank accounts in Spain, but she still lives at home too, and doesn't have a job or any strong ties to Spain that would help us build a case for the change of status.

We plan on consulting with an immigration lawyer, but next week would be the earliest we can do that. I was just hoping that I could get some guidance from someone with some experience in the meantime.

Thank you very much

Edited June 16, 2010 by SMT2010

[canadian_wife 1,822]

As a former F-1 holder, I can tell you it is likely she'll need to show that she intends to return to Spain. Plus her intent to come to the US and marry you may come into question since entering on a non-immigrant visa, such as an F-1, with the intentions of marrying a US citizen and adjust status is illegal and can result in a lifetime ban from the US.

Plus, once she gets to the US, she'll have to pay out of state tuition which is expensive

Have you thought about a K-1? That way she can come to the US and pay in -state tuition plus her intent to become a US citizen (as you stated is necessary for teacher certification) would be solved.

I am also a teacher in the US, what state are you dealing with for teacher certification?

Good luck

[SweetApple08 2]

As a current F-1 student, I would advise you rather do a fiance or spouse visa. Tuition is way too expensive. In my opinion, if I had a choice I would rather use the money to get a GC.

If the person came here on a student visa, you have to wait a while before applying for AOS, which will cause more delays at starting a normal life here in USA for the foreign spouse.

[besaangel 18]

The above posts make very valid points... You have to consider tuition, the fact that she wont be able to qualify for financial aid until she is a PR, books, room & board, transportation etc and most importantly, she will only be restricted to on-campus employment that are mostly given to US residents anyways. Its going to be VERY expensive especially for a master's degree and beyond for International students. Gosh americans struggle to get loans for undergrad programs as is, imagine what it'd be like for her.

Id say go the K-1 route. It'll save you guys a lot and while you adjust status (which she'll have to do anyways) she can get time to actually visit the schools of her choice. This would be better as ya'll wont have to fork up thousands of dollars for tuition, then turn around and come up with another couple thousand for Medical and AOS... have a look at the following links (if u already havent)

For K-1 fiance visa

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/k1aos

For F-1 STudent visa

http://travel.state.gov/visa/temp/types/types_1268.html

http://www.foreignborn.com/study_in_us/7-student_visa.htm

Edited for http://www.visajourney.com/content/otheraos

Edited June 16, 2010 by besaangel