Studying/Fiancee etc

[laurenoioi 0]

Hello there,

I recently got engaged to my American boyfriend over Xmas. I had known him for 8 years over the net/through friends and came over to meet him earlier this year. I had already planned on looking at colleges to study at prior to us starting a relationship but it seems it's all happened at once!

I have enrolled at a college and am in the procedure of gaining a M-1 visa to study on and the course starts on March 2nd 2011. However, I am becoming quite nervous as I have been reading about foreign fiances being turned away last minute when they tell the authorities they plan on getting married/living permanently in the US at some point.

I have all my documents in order and have to visit the UK Embassy in England for my M-1 visa interview in the new year (I am currently staying with my fiance in the US for Xmas) We haven't started applying for a fiance visa yet but plan to next year.

Obviously I want to be completely truthful to the authorities about becoming engaged when they ask my questions.. I just wanted to know if anyone had gone through anything similar/what the outcome was.. etc..??

Thanks!

Lauren.

[laurenoioi 0]

Also, would we be able to start the fiancee visa process while I'm studying on a M-1. Would I have to go back to the UK to do this or could I adjust the M-1 to a K-1 without leaving the country?

[Nich-Nick 3,354]

I'm not up on student visas, but it seems an engagement has nothing to do with getting that visa so you don't have to volunteer that info if you don't think it applies to your studies. Of course if they ask you "are you engaged to an American," then you would answer truthfully.

A K1 visa is for a person living in a foreign country just to get into the US legally and marry (with the intent to immigrate). If you will already be living in the US legally on another visa, then you don't need a K1. If you marry a US citizen, you can apply for a green card after the marriage as a spouse--I-130, I-485, etc. If your studies end or your student visa expires and you move back to the UK, then a K1 would be appropriate.

Here's the guide for married and both living in the US http://www.visajourn...tent/i130guide2

Here's the forum for those adjusting status from other visas besides K visas Adjustment from Work, Student, and Tourist Visas

[JoannaV 174]

I would repost this question in either the student visa section or the UK section. What you want to know, is what questions are asked at the interview for the student visa. So nothing to do with K1. Anyone who has had an interview in the UK for a student visa should be able to tell you if they ask questions about your future intentions etc.

Edited December 30, 2010 by JoannaV

[Vuvu zela 9]

You can only apply for K-1 visa outside the USA.

It's possible that you may have a hard time getting you M-1 visa, because the authorities do not want people to misuse a non-immigrant visa for immigration purposes.

[laurenoioi 0]

What kind of questions do they ask you in the M-1 interview? Will they ask me if I have a fiance? I really don't want to misuse any visas or mess up... what would be the best way of going about marrying my fiance after studying? I can't find anything about it on the net and I have been googling for 2 days straight!

[Vuvu zela 9]

Not sure what questions they will ask.

But the fiancé questions may come up as well, or maybe not, as I don't think it's relevant to you getting a visa to go to school.

But given that you've been in the states before, the IO may inquire about any relationship you've develop while being here, just to see if there is anything fishy or anything he should pay attention to before he grant you a visa.

But these are just pure speculations!

Just don't lie during the interview.

I don't see any issues with you marrying your fiancé after your study.

But when you send your packet for adjustment of status, the IO may wonder about your initial intentions when you applied for your M1 visa, depending how soon after entry you try to adjust status.

But they can't deny you just on intentions alone.

They need to have "facts" that lead them to believe that you intended to use your M-1 visa for the sole purpose of re-entering the country and get marry to adjust status and that there is material misrepresentation somewhere in your files.

Again, these are just speculations.

Anyhow, I think your biggest issue will be to get an M-1 visa in the UK.

If you pass that hurdle, you should be fine.

If I may ask, assuming you are on VWP, how long do you have before you overstay ?

Also, I suggest you open a new topic in the adjustment of status for students, visitors and workers forum.

You may have more answers there regarding the issues related to you marrying your fiancé after your studies and even for your M-1 visa application.

Wish you the best!

[laurenoioi 0]

Thank you for your reply!

I have visited the states twice last year for 3 weeks each time and then this 3rd time it will be 5 weeks by the time I leave.

I plan on visiting the British Embassy with my fiance in the next week to see what the best way of handling the situation is and I will make a new thread in the other forum.

It's all very nerve-wracking!

[Kathryn41 3,205]

Topic posted in three locations. One thread from K-1 forum has been moved to this forum and merged with the existing thread and the other thread in AOS forum has been removed as it had not responses. While the topics do overlap, the most immediate issue at hand is the student visa so this appears to be the best forum to discuss the concerns.

[missaero 7]

I can shed a little light on my interview for an F-1 visa back in 2006. The IO asked some straightforward questions regarding what I was studying, why I wanted to go to the US for my studies, why I chose a particular school etc. These questions you should be fine with. However, it is almost always the case that they will ask you what your intention is when you complete your studies.

Two options:

1) Lie - tell them you plan on leaving when you get done. WORST idea ever. Never lie to IO, they record all of your responses and you don't want this coming up later during AOS.

2) Tell them the truth. If they deny your student visa (which is possible because you have immigrant intent) just go ahead and apply for K-1, come to the US, marry your fiance and then do AOS. If you have to delay your studies, so be it but once you have LPR status you will be eligible for things like in state tuition (nice!) so in the long run this journey might be better.

Just my two cents.

[Vuvu zela 9]

1) Lie - tell them you plan on leaving when you get done. WORST idea ever. Never lie to IO, they record all of your responses and you don't want this coming up later during AOS.

Circumstances in life can change, and I don't think it will absolutely be an issue when applying for AOS.

For instance, someone can go to school here, get a job, then apply for AOS through marriage to USC or his company.

I don't think USCIS will deny AOS based on the fact that you said you were going home after your study.

Also, something important to know is that student visa is dual intent.

[canadian_wife 1,824]

Circumstances in life can change, and I don't think it will absolutely be an issue when applying for AOS.

For instance, someone can go to school here, get a job, then apply for AOS through marriage to USC or his company.

I don't think USCIS will deny AOS based on the fact that you said you were going home after your study.

Also, something important to know is that student visa is dual intent.

F-1 is NOT dual intent. It is a non-immigrant visa. When I applied for mine I was told clearly that it was non-immigrant and had to show sufficient proof of my intent to return after my visa was finished

http://travel.state.gov/visa/temp/types/types_1268.html#4

Qualifying for a Student Visa

The Immigration and National Act is very specific with regard to the requirements which must be met by applicants to qualify for the student visa. The consular officer will determine whether you qualify for the visa. Additionally, applicants must demonstrate that they properly meet student visa requirements including:

Have a residence abroad, with no immediate intention of abandoning that residence;

Intend to depart from the United States upon completion of the course of study

OP - if you intend on adjusting status, perhaps a non-immigrant visa is a bad idea

Good luck

Edited January 12, 2011 by canadian_wife

[missaero 7]

Vuvu zela, As canadian_wife mentioned a student visa is absolutely NOT dual intent. "I was told clearly that it was non-immigrant and had to show sufficient proof of my intent to return after my visa was finished" I too had to show proof of this also.

"OP - if you intend on adjusting status, perhaps a non-immigrant visa is a bad idea" I agree. Why not apply for a K-1, enter the US, marry your fiance (a small civil ceremony can suffice for now) and then apply for AOS. I think this route will have much less hurdles for you and much much less risk in being denied.

[Vuvu zela 9]

Thanks for the correction.

But I don't think it will be automatically held against you if you tell the IO that you will go home after your study and will be denied AOS because of material misrepresentation.

It depends on circumstances.

[laurenoioi 0]

I just got back from my interview at the London Embassy.

I was denied,

They didn't ask me anything about my fiancee, just asked if I had a boyfriend in the states at the end of my interview to which I replied 'yes'.

I am absolutely devastated. I was thinking positive and answered all the questions I was asked the best I could. I was asked what my parents did for a living, my education prior to attending this college, how much money I had in the bank and about my arrest record.

I was arrested once in 2009 for accidentally misusing a Tescos self service checkout. The money hadn't been taken off my card and as I was talking to my boyfriend at the time and in a rush walked off without a receipt. I was later arrested and almost immediately let go after they had watched the CCTV which I explained to the interviewer. I showed her bank statements of mine showing I had 7 thousand and even my parents bank account statement.

She asked how I had found out about the school I wish to attend, to which I replied 'through friends' and I told her about me starting a beauty school in the UK in 2006 which I didn't complete because I was travelling 4 hours a day and it was too much for me, and at that point in time I didn't have a lot of money.

She asked when I last worked and how much I was bringing in per month, to which I replied last September at about a grand a month - surely she didn't deny me because I'm currently unemployed???

I really do not know what to do now. I'm thinking of reapplying but my situation wouldn't have changed...??