Student visa and living with my usc girlfriend

[rh4stc 0]

I am considering going for an F1 student visa.

I have a girlfriend (usc) who is willing to sponsor me and I have substantial funds myself, so the financial side of things isn't a problem.

We are both still married (not to each other) and hopefully should be divorced within the next 6 months.

I have been looking at going for the K1 visa, but we are both thinking that perhaps it is all too soon to get married and if I apply for the F1, I can kill two birds with one stone. I want to study anyway, and I want to spend time with my girlfriend, and who knows down the line, we may end up marrying.

I have been over to the States 3 times this year already to visit my girlfriend and on my latest visit, was called into secondary inspection for further questioning. So, will they put two and two together?

My questions are:

1. Will the fact that I have already declared a love interest in the States and they have her address too, will this go against me going for a student visa?

2. My age is 39. Am I too old anyway?

3. If we do decide to get married while I have an F1 visa, will I be able to adjust my status and obtain a green card?

4. And if I'm knocked back on the F1 and go for the k1, are my chances of success there greatly reduced?

Any advice gratefully received.

Edited July 28, 2010 by rh4stc

[canadian_wife 1,822]

1. Possibly, never lie to a customs agent but they may question your immigrant intent if you already have a girlfriend in the US

2. There is no age limit on student or fiance visas

3. Yes

4. No, a visa denial will have no impact on future visas

note, that tuition if the US is VERY expensive for those on an F-1 and also know you cannot work more than part time and you cannot work anywhere OFF campus

Good luck

[engineer21 51]

I am considering going for an F1 student visa.

I have a girlfriend (usc) who is willing to sponsor me and I have substantial funds myself, so the financial side of things isn't a problem.

We are both still married (not to each other) and hopefully should be divorced within the next 6 months.

I have been looking at going for the K1 visa, but we are both thinking that perhaps it is all too soon to get married and if I apply for the F1, I can kill two birds with one stone. I want to study anyway, and I want to spend time with my girlfriend, and who knows down the line, we may end up marrying.

I have been over to the States 3 times this year already to visit my girlfriend and on my latest visit, was called into secondary inspection for further questioning. So, will they put two and two together?

My questions are:

1. Will the fact that I have already declared a love interest in the States and they have her address too, will this go against me going for a student visa?

Yes, there is a possibility that it would be harder than usual for you. F-1 visa does not allow dual intent. You can't plan to immigrate and enter the US with an F-1 visa.

2. My age is 39. Am I too old anyway?

Never to old to go to school - And no, nobody is considered too old to apply for F-1. I knew a grad student who was 2 years ahead of me in school. He was 45 when he graduated with his masters.

3. If we do decide to get married while I have an F1 visa, will I be able to adjust my status and obtain a green card?

Yes, technically you can. But again the whole intent issue will be your main problem here.

If marriage is really what you are planning from the beginning, then getting an F-1 visa to get here it could be considered immigration fraud.

4. And if I'm knocked back on the F1 and go for the k1, are my chances of success there greatly reduced?

I don't think so, but it would depend on why they deny the F-1. If it is because they suspect immigrant intent, then I don't think the K-1 would be a problem. If it is for other grounds of inadmissibility, then yes.

Any advice gratefully received.

Edited July 28, 2010 by engineer21

[rh4stc 0]

Thanks for the advice.

I have a price for tuition of just under $10k for a year, which I can afford, that's not a problem.

Proving ties back in France is going to be hard though. I do have a house there, but I have recently rented it out and am living with other friends. I don't have a job, but I guess that shouldn't be a problem as I would lose any job I had to temporarily move to the States to study anyway.

Technically, we are currently unsure of marriage at this moment in time, so that cannot be fraud can it?

Edited July 28, 2010 by rh4stc

[engineer21 51]

Technically, we are currently unsure of marriage at this moment in time, so that cannot be fraud can it?

No, not technically. But they might see it that way if they already know you have a usc girlfriend.