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Filed: Timeline
Posted (edited)

A few months ago, a friend of mine was denied a B-2 Visa on terms of not enough ties to the country. Now, she's looking to apply for an F-1 Visa. Her mother is paying for her education [Which she will be paying back], and she will be living with my family during her education. From the start, I know this looks suspicious. Being denied a B-2 Visa for lack of ties, then trying to go to a college in the same area. Will this affect her chances?

Before I say anything else - we have no intention to abuse this system. She will be attending classes, and she will be exiting the country when she completes her studies.

The concerns I have are the interviewing process for the F-1. Will being denied a B-2 Visa have any affect on this visa? We are not dating, but COs seem hellbent on the idea that a female non-immigrant staying with a male citizen HAVE to be dating. We're not denying that it could be a possibility in the future, but as of right now - we are merely friends.

For ties, she has a paying job that has agreed to let her continue working when her studies are finished and rent that she pays to her mother. She also has a loan that she received for her university, but we think that would be counter-productive seeing as she's going for a lesser degree now [she wishes to pursue another degree, rather than the one she currently has] and is in debt. It may seem as if she's running from that debt.

Should she mention that she has to pay her mother back the fees for the education? Should her mother write a letter stating she is expecting payment? Should she mention the loan? What are some other ties that she could possibly have?

What exactly is the SEVIS? Will we learn more once she's been accepted to the college? [The college has a very low refusal rate, so chances are she will be accepted]

Also, the fact that she is staying with my family may be brought up in the interview. What should she say? The truth is, we are just friends. But as I stated earlier, they won't believe that.

If anyone has any advice, I'd love to hear it.

Edited by Sixx
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Honest opinion very difficult to get the F1 but sometimes you never know and might get one.

Following points work against her and that list is big…..

1. Young single female

2. Recent B1/2 denied

3. Attending the college to get a degree lower than one she already has.

4. Staying with you and your mom

5. No work place is going to write a letter saying we will leave a place open for you when u come back after 2-3 years, CO is not buying that.

6. Loan from mom and returning that…. Hardly ever happens once in US mom can say I gift the loan amount to my daughter, hence no need to repay the loan and no reason for her to return to her country.

7. If the college she is applying to has low refusal rate that can be negative too.

You can find more information about SEVIS on here http://www.ice.gov/sevis/ it’s a system which maintains all the information about the students.

Filed: Timeline
Posted

Honest opinion very difficult to get the F1 but sometimes you never know and might get one.

Following points work against her and that list is big…..

1. Young single female

2. Recent B1/2 denied

3. Attending the college to get a degree lower than one she already has.

4. Staying with you and your mom

5. No work place is going to write a letter saying we will leave a place open for you when u come back after 2-3 years, CO is not buying that.

6. Loan from mom and returning that…. Hardly ever happens once in US mom can say I gift the loan amount to my daughter, hence no need to repay the loan and no reason for her to return to her country.

7. If the college she is applying to has low refusal rate that can be negative too.

You can find more information about SEVIS on here http://www.ice.gov/sevis/ it’s a system which maintains all the information about the students.

I know what she has going against her. I'm asking for what can help her case.

Filed: K-1 Visa Country: Wales
Timeline
Posted

What is the reason she wants to do the degree in the US, can it not be done elsewhere. Actually what is the reason she wants to do that degree anyway.

Why has she particularly chosen that school (which is commutable from where you are)

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

This ruse is very transparent...first she's denied a tourist visa because the CO figured she would be using it to run off and get married; now, by some miracle, she's suddenly decided to 'study' basketweaving or some other far-from challenging subject, and ...what a coincidence...the very person she wanted to visit when she applied for a tourist visa is ....the sponsor and 'host' for her purported studies....wow.....I doubt any CO would pause for more than about 2 seconds to figure this one out....I like the part about the OP's statement that she will of course, return to her country after her studies...as if the OP can accurately predict or control her behavior 2 or 3 years from now....and remind us all again...what employer with any common sense is going to allegedly hold a job open for her 'return?'...must be some confident employer...or maybe one of those ever popular letters mentioned by another uninformed poster will be used to reiterate that the young lady in question MUST return to her country...but it is far more like she will have waltzed down the aisle and married the OP, probably before her first class even begins....which is really the purpose of this charade....sorry..but this one has been tried way too often to succeed.

Edited by Noah Lot
Filed: Timeline
Posted (edited)

What is the reason she wants to do the degree in the US, can it not be done elsewhere. Actually what is the reason she wants to do that degree anyway.

Why has she particularly chosen that school (which is commutable from where you are)

The reason she wants to do the degree in the US is because she wants a different environment, something new. What reason is better than "I want to live a little, experience a lot, travel"? She wants to get the degree because the current degree she has isn't bringing her anywhere. She focused on a very specific degree that has very little options.

She chose that school, commutable to where I live because living with my family would be exponentially cheaper than staying at a place provided by the school. She also chose that school because it is on the lower end of the pay scale, thus affordable, and she also chose that school simply because it offered something she was interested in.

This ruse is very transparent...first she's denied a tourist visa because the CO figured she would be using it to run off and get married; now, by some miracle, she's suddenly decided to 'study' basketweaving or some other far-from challenging subject, and ...what a coincidence...the very person she wanted to visit when she applied for a tourist visa is ....the sponsor and 'host' for her purported studies....wow.....I doubt any CO would pause for more than about 2 seconds to figure this one out....I like the part about the OP's statement that she will of course, return to her country after her studies...as if the OP can accurately predict or control her behavior 2 or 3 years from now....and remind us all again...what employer with any common sense is going to allegedly hold a job open for her 'return?'...must be some confident employer...or maybe one of those ever popular letters mentioned by another uninformed poster will be used to reiterate that the young lady in question MUST return to her country...but it is far more like she will have waltzed down the aisle and married the OP, probably before her first class even begins....which is really the purpose of this charade....sorry..but this one has been tried way too often to succeed.

Ah, assumptions, assumptions. Neither of us believe in marriage, nor have any plan to get married. Actually, if you must know, the idea of marriage sickens me - as does the idea of getting married simply to be together. It would be going against my beliefs and my morals that I have put in place. Why would I be willing to go against this?

She originally applied for a B2 simply because she was ignorant of the VWP. She did not know what it was, nor how it was executed.

I like the part in your response that you somehow know of our intention, somehow can see some kind of scheme when in reality, it's completely innocent.

The classes she plans to take is a one-year course-of-action for a Certificate of Specialization.

There is no charade, there is no act. Marriage is out of the question. I've said that in my last post, and I'll say it here. I have no plans to get married. To her, to an American, to anybody.

Now instead of attempting to ridicule me because of your paranoia involving some sort of conspiracy to run off and get married, you can actually, you know, help. Which is what these boards are designed for.

---

Now, of course, part of the reason is so we can spend time together. I'd be an idiot to deny that. But we have no intentions of going about anything illegally. We have no intentions to marry, nor have any intentions to keep her out of status.

*If I come off a bit, rude, I apologize. I'm honestly sick and tired of people thinking they know my situation, thinking they have everything figured out. Assuming, in general.

Edited by Sixx
Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

Did she re apply for ESTA?

What is this Certificate for?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Venezuela
Timeline
Posted

*If I come off a bit, rude, I apologize. I'm honestly sick and tired of people thinking they know my situation, thinking they have everything figured out. Assuming, in general.

i don't think it was rude.. it was probably just reality of OTHER PEOPLE doing the same thing in the USCIS eyes, so don't be surprised if it is an issue ... you don't have to convince anyone here. just the CO.. :)

K101/17/2012.....I-129F ..... sent to Dallas, Texas

01/25/2012.....NOA1 (text & email) ..... sent to Vermont Service Center

01/28/2012.....NOA1 Hard Copy in Mail

07/31/2012.....NOA2.. 188 days update@USCIS

08/03/2012.....NOA2.. Hard Copy

09/04/2012.....Sent Email to Caracas Embassy for Interview date.. they had not contacted her

09/05/2012.....Embassy response.. with interview date!!

10/17/2012.....INTERVIEW @Caracas Embassy!

10/17/2012.....INTERVIEW @Caracas Embassy... APPROVED!!

12/31/2012.....POE.. Miami, arrived to AUSTIN next day smile.png

02/16/2013.....Married!!

AOS - K1

05/06/2013.....I-465 & I-765 sent USPS priority mail

05/14/2013......Email, Text of Receiving package on 5/11

05/16/2013......Hard Copy of NOA1 received: I-465 and _I-765 Application for employment

05/20/2013...... Bio-metric hard-copy.
05/29/2013...... Biometric scheduled. . Austin office

07/15/2013...... EAD card arrived in mail today smile.png

10/20/2013...... Green Card approved! NOA hardcopy received!

10/31/2013...... Green Card Delivered!!

ROC-I-751
07/21/15 90 day Window Opens

07/24/15 I-751 Mailed to Cali. Service Center
09/03/15 Biometeric scheduled and completed

01/26/16 ROC Letter arrived
01/30/16 10 yr Green Card arrived

Filed: Timeline
Posted

The reason she wants to do the degree in the US is because she wants a different environment, something new. What reason is better than "I want to live a little, experience a lot, travel"? She wants to get the degree because the current degree she has isn't bringing her anywhere. She focused on a very specific degree that has very little options.

She chose that school, commutable to where I live because living with my family would be exponentially cheaper than staying at a place provided by the school. She also chose that school because it is on the lower end of the pay scale, thus affordable, and she also chose that school simply because it offered something she was interested in.

Expect a rapid denial, no matter what your morals. As another poster said, USCIS and the Dept of State's COs have seen this act before. It's too coincidental that 'suddenly' she decides to study at some No-Namo Institute of Certificate Issuance, down the block from where you live...absolutely amazing.

what you may not know is that umpteen thousands of people, having discovered that arranging a K-1 visa takes 6-8 months, attempt to use student visas in order to circumvent the wait time...something that our COs figured out a long time ago. No letter from you trying to dissuade that notion will likely succeed, no employer with an ounce of common sense holds a job open for an extended period of time (and besides, you said she wants a change and that her degree is getting her nowhere, so why return to the same old employer to do the same old job?)

Ah, assumptions, assumptions. Neither of us believe in marriage, nor have any plan to get married. Actually, if you must know, the idea of marriage sickens me - as does the idea of getting married simply to be together. It would be going against my beliefs and my morals that I have put in place. Why would I be willing to go against this?

She originally applied for a B2 simply because she was ignorant of the VWP. She did not know what it was, nor how it was executed. (more than likely she wanted to 'visit' for 6 months, which seems a bit much since few employers give their employees 6 months of paid leave), or perhaps she wanted the B2 so she could change status...another ruse that has been tried before.

I like the part in your response that you somehow know of our intention, somehow can see some kind of scheme when in reality, it's completely innocent.

The classes she plans to take is a one-year course-of-action for a Certificate of Specialization.

There is no charade, there is no act. Marriage is out of the question. I've said that in my last post, and I'll say it here. I have no plans to get married. To her, to an American, to anybody.

Now instead of attempting to ridicule me because of your paranoia involving some sort of conspiracy to run off and get married, you can actually, you know, help. Which is what these boards are designed for.

This board is also to share thoughts ...and you've heard mine.

---

Now, of course, part of the reason is so we can spend time together. I'd be an idiot to deny that. But we have no intentions of going about anything illegally. We have no intentions to marry, nor have any intentions to keep her out of status.

*If I come off a bit, rude, I apologize. I'm honestly sick and tired of people thinking they know my situation, thinking they have everything figured out. Assuming, in general.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Let us know how her application goes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted (edited)

Let us know how her application goes.

For the ESTA? She applied today and was instantly denied. No waiting or anything. Instantly.

She is no longer eligible for the VWP. Once your deind a visa. You can't use ESTA

There's debate with this topic that I prefer not to get into.

Edited by Sixx
Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

For the ESTA? She applied today and was instantly denied. No waiting or anything. Instantly.

There's debate with this topic that I prefer not to get into.

Thats your call and ppl on this forum has different views about it.

Some had strong opinion denied visa application does not impact your ESTA, while other including me have opinion your ESTA would be denied instatnly and my reason for it is that at some point CO considered you as a risk and hence automated system would not approve you.

Until you go see a CO and demonstrate again that you are not a risk.

 
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