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Filed: Timeline
Posted

Is it possible for boyfriends to be sponsors for Student Visas or is that an automatic Red Flag and frowned upon?

Also, if originally she applied for a B2 Tourist and was denied due to lack of Ties in home country, but was already questioned about me and our relationship, is there any point trying to do the Student visa with anyone else as her sponsor (like her mother)?

I realize now the mistakes made trying the Tourist Visa, but I don't want to change the sponsorship because that's who she'll be staying with and I want to be forthright about everything. Am I looking at overwhelming odds?

Filed: Timeline
Posted

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

Student Visa need to be independently pursued. No sponsorship needed from a USC or LPR.

Maybe not needed for the actual Visa, but I had to show both an Affidavit of sponsorship and a Sponsor's bank statement to the school. http://www.ctcd.edu/international/InternationalApplicationforAdmission.htm

So I guess my next question relates to the I-120 that the school will give out and send to the student for her visa appointment: will that I-120 inform the Embassy that I was the sponsor or will it simply be a statement indicating that she has been accepted into the program of study?

Thanks again for the help!

Filed: Timeline
Posted

Sorry, I meant the I-20 and here's what I was referring to:

All student applicants must have a SEVIS generated I-20 issued by an educational institution approved by DHS, which they submit when they are applying for their student visa. Your school is responsible for entering your information for the I-20 student visa form into SEVIS. The consular officer will need to verify your I-20 record electronically through the SEVIS system in order to process your student visa application. Unless otherwise exempt, all F-1 or M-1 principal applicants must pay a SEVIS I-901 fee to the DHS for each individual program. See the SEVP Fact Sheet for a fee list. See SEVIS-901 Fee for further information on how to pay the fee.

Filed: Timeline
Posted

Is it possible for boyfriends to be sponsors for Student Visas or is that an automatic Red Flag and frowned upon?

Also, if originally she applied for a B2 Tourist and was denied due to lack of Ties in home country, but was already questioned about me and our relationship, is there any point trying to do the Student visa with anyone else as her sponsor (like her mother)?

I realize now the mistakes made trying the Tourist Visa, but I don't want to change the sponsorship because that's who she'll be staying with and I want to be forthright about everything. Am I looking at overwhelming odds?

her motivation is clear...to find a way to get together with you and remain in the US....her sudden and remarkable interest in studying basketweaving or English shortly after having been denied a tourist visa will be quite transparent, no matter who claims to be paying for her education. Your relationship (or attempt to cement same) has already been revealed...at this point, the VOs will be 101% certain that she will never return to her country after her studies are over (assuming she even engages in those studies), no matter what 'job offer' letters she presents nor will any promises made by you be worth much. Better to seek a K1.

Filed: Timeline
Posted

her motivation is clear...to find a way to get together with you and remain in the US....her sudden and remarkable interest in studying basketweaving or English shortly after having been denied a tourist visa will be quite transparent, no matter who claims to be paying for her education. Your relationship (or attempt to cement same) has already been revealed...at this point, the VOs will be 101% certain that she will never return to her country after her studies are over (assuming she even engages in those studies), no matter what 'job offer' letters she presents nor will any promises made by you be worth much. Better to seek a K1.

got it, and that's what I was afraid of, however, when she goes for the second interview will the results of the first interview show up concurrently on the computer.

The stated reason for the original tourist visa was to visit Graduate schools (she is a university graduate). At no point did we try to hide the fact that I would be her sponsor.

It's just crazy that the solution to being turned down for 2 months of tourism/college visits is to get engaged!

Filed: Timeline
Posted

got it, and that's what I was afraid of, however, when she goes for the second interview will the results of the first interview show up concurrently on the computer.

The stated reason for the original tourist visa was to visit Graduate schools (she is a university graduate). At no point did we try to hide the fact that I would be her sponsor.

It's just crazy that the solution to being turned down for 2 months of tourism/college visits is to get engaged!

Except for the salient fact that she will not be returning to the US after studying...you know that, she knows that and the VOs know that.

Our laws governing issuance of tourist and student visas presume that every applicant seeking such a visa is going to the US to stay...at this point, with everything apparent, a K1 visa is her best bet.

Filed: Timeline
Posted

Except for the salient fact that she will not be returning to the US after studying...you know that, she knows that and the VOs know that.

Our laws governing issuance of tourist and student visas presume that every applicant seeking such a visa is going to the US to stay...at this point, with everything apparent, a K1 visa is her best bet.

Okay, first of all everyone, thanks for the help and the answers... turns out the pre-interview nervousness was all for naught, she appearently got a real nice interviewer, explained everything and even though they gave her a hard time about me, she was approved.

the Ironic thing is that Noah Lot's idea about the K1 actually sounds like a good one, it's more permanent and we would only have to go through all of this again one more time, so the question is this- when would we apply for it?

We don't want to have to do a Change of Status, and we are in no hurry now that she can stay for awhile. Also, she will go home between semesters. If we did begin a Change, and she's in the States, would that mean she can't go home again until complete? Or should we just wait until all of her school is over to begin (maybe during the last year?).

Thanks in advance!

Filed: Timeline
Posted (edited)

Congrats on getting her student visa!

She can stay in the US as long as she goes to the school listed in her I-20. After she graduates, she may apply for OPT, that'll give her a one year work permit in the US in a field related to her study.

If you guys do decide to tie the knot at some point while she's in F-1 status, she may adjust status. I'd go for this option rather than K-1, simply for the fact that she'll basically be in F-1 status while the USCIS does it's job of adjusting status. In other words, you won't be separated for months on end.

Take it from me, I married my then gf while in F-1 status, but we didn't file AOS because we planned to live in my country. Plans changed 7 months after leaving the US, and here I am waiting for the USCIS to do its painstakingly slow job, while I won't see my wife for another half a year.

Edited by jhsm85
Filed: Timeline
Posted

Was going to answer your question earlier, even though it might be irrelevant now..

My father co-sponsored me along with student loans. On my I-20 it said «loans» and «private sponsor» or something to that effect.

And yes, the consular officer knew that she had been previously denied a visa. They also ask that on the F-1 application. (if I remember correctly)

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Congrats on getting her student visa!

She can stay in the US as long as she goes to the school listed in her I-20. After she graduates, she may apply for OPT, that'll give her a one year work permit in the US in a field related to her study.

If you guys do decide to tie the knot at some point while she's in F-1 status, she may adjust status. I'd go for this option rather than K-1, simply for the fact that she'll basically be in F-1 status while the USCIS does it's job of adjusting status. In other words, you won't be separated for months on end.

Take it from me, I married my then gf while in F-1 status, but we didn't file AOS because we planned to live in my country. Plans changed 7 months after leaving the US, and here I am waiting for the USCIS to do its painstakingly slow job, while I won't see my wife for another half a year.

Yep a hearty congrats on the student visa - a big accomplishment

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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