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Filed: Country: United Kingdom
Timeline
Posted

Where are you (I am assuming the beneficiary) from? This will help with giving better answers as each consulate may have different requirements and ways of handling things.

The general answer for liability is

1. The immigrant has accrued 40 credits (10 years) of Social Security entitlement through working in the US. This time can be shortened substantially if both immigrant and USC spouse are working, and combining Social Security credits.

2. The immigrant has become a US citizen.

3. The immigrant has lost their legal status, and is no longer living in the US.

4. Either the immigrant or sponsor has died.

I am from England.

Also I have another question, Does being denied I student visa in any way effect me gettin approved for the fiance visa??

thanks

Filed: Country: United Kingdom
Timeline
Posted

Probably not (but) what was the reason for the denial?

I havnt yet been denied, I was planning on studying there originally, we wernt sure if we wanted to be in England or US.

The reason I ask is because we might not yet be in the situation to be able to apply for the K1 visa due to the affidavit of support, when im 21 I can bring him to England.

So I was still looking into geting the student visa and come back to England then apply to bring my partner here.

Im scared to apply for a student visa because I overstayed my VWP (I left before the 180day mark)

I still want to go to school and possibly come back here with my partner, but I dont want to apply for a student visa if I could be denied and it effect future visas I may require.

Thank you.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Does anyone know anything about my previous question?... Does a denied student visa effect future visas?

Thank you

It would depend on why the student visa was denied. If it's denied as a matter of discretion then it should have no effect on a K1 application. If it's denied because the applicant has a hard inadmissibility then that inadmissibility would apply to any visa application. For example, if the student visa was denied because the CO didn't believe you would return to your home country after finishing school then that wouldn't affect a K1 application. On the other hand, if the student visa was denied because you had a conviction for theft then that would affect a K1 application. It would be the inadmissibility that would affect the K1 application, and not the fact that a student visa was denied because of the inadmissibility.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

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05/01/2013 - Removal of Conditions - APPROVED!

Filed: Country: United Kingdom
Timeline
Posted

It would depend on why the student visa was denied. If it's denied as a matter of discretion then it should have no effect on a K1 application. If it's denied because the applicant has a hard inadmissibility then that inadmissibility would apply to any visa application. For example, if the student visa was denied because the CO didn't believe you would return to your home country after finishing school then that wouldn't affect a K1 application. On the other hand, if the student visa was denied because you had a conviction for theft then that would affect a K1 application. It would be the inadmissibility that would affect the K1 application, and not the fact that a student visa was denied because of the inadmissibility.

Thank you

I previously was akes why it was denied... I replied....

I havnt yet been denied, I was planning on studying there originally, we wernt sure if we wanted to be in England or US.

The reason I ask is because we might not yet be in the situation to be able to apply for the K1 visa due to the affidavit of support, when im 21 I can bring him to England.

So I was still looking into geting the student visa and come back to England then apply to bring my partner here.

Im scared to apply for a student visa because I overstayed my VWP (I left before the 180day mark)

I still want to go to school and possibly come back here with my partner, but I dont want to apply for a student visa if I could be denied and it effect future visas I may require.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Thank you

I previously was akes why it was denied... I replied....

I havnt yet been denied, I was planning on studying there originally, we wernt sure if we wanted to be in England or US.

The reason I ask is because we might not yet be in the situation to be able to apply for the K1 visa due to the affidavit of support, when im 21 I can bring him to England.

So I was still looking into geting the student visa and come back to England then apply to bring my partner here.

Im scared to apply for a student visa because I overstayed my VWP (I left before the 180day mark)

I still want to go to school and possibly come back here with my partner, but I dont want to apply for a student visa if I could be denied and it effect future visas I may require.

I understand that you haven't applied for a student visa yet, and my answer took that into account. If you have a hard inadmissibility then you would be denied, no matter what sort of visa you apply for. It wouldn't matter whether or not you'd previously applied for a student visa. On the other hand, if you apply for a student visa and are denied for discretionary reasons (like the CO doesn't think you'll return after you finish school) then that won't affect a K1 visa application.

Being denied a non-immigrant visa is not, in itself, a reason to deny a K1 visa. However, the reason they deny a non-immigrant visa may also be a valid reason for denying a K1 visa. If so, then that reasons exists whether you apply for a student visa or not.

You could be denied a student visa because you overstayed your VWP entry, and the CO's opinion is that you'd also overstay a student visa. A discretionary denial like that would not affect a K1 application.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Country: United Kingdom
Timeline
Posted

I understand that you haven't applied for a student visa yet, and my answer took that into account. If you have a hard inadmissibility then you would be denied, no matter what sort of visa you apply for. It wouldn't matter whether or not you'd previously applied for a student visa. On the other hand, if you apply for a student visa and are denied for discretionary reasons (like the CO doesn't think you'll return after you finish school) then that won't affect a K1 visa application.

Being denied a non-immigrant visa is not, in itself, a reason to deny a K1 visa. However, the reason they deny a non-immigrant visa may also be a valid reason for denying a K1 visa. If so, then that reasons exists whether you apply for a student visa or not.

You could be denied a student visa because you overstayed your VWP entry, and the CO's opinion is that you'd also overstay a student visa. A discretionary denial like that would not affect a K1 application.

Thank you so much for your help.

 
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