US Citizen BF financially sponsoring F-1 student GF (merged threads)

[zuluweta 250]

And, regardless of her current ties, it is against visa law to knowingly use a visitor visa to enter the US to divorce, marry, stay, and adjust status, even if it's to overcome a legal obstacle in the home country. If/When the visa officer or immigration officer finds out the true plans, the visitor visa will be denied or she will be denied entry into the US. Again, I don't want to "rain on your parade", but this plan has some evident flaws that might cause you real problems in the future. I know it's hard to think about spending more time to do it properly (i.e., annulment and then K1 or CRi), but it has the least risk.

It does begin to sound to me like a roundabout trick to circumvent the roadblock presented by the still-valid Philippine marriage of the girlfriend in the Philippines.

Even if they succeed with their plans to use the F-1 student visa to get the Filipino woman to come to the U.S., adjustment of status will be a minefield since there is intent to immigrate written all over this case.

The proper way to go about it, as you proposed, is to annul the marriage in the Philippines first before undertaking immigration, because only a fool would believe that she only plans to study in the U.S. then go back home.

[Boiler 45,557]

Do orceand Marry are OK under a non immigrant visa.

[Darnell 8,478]

My sister moved to the U.S. From the Philippines as an H1B nurse then eventually got her GC and US citizenship. What do you mean by 'most nurses do not meet the requirements for a H1B'?

the program that got her into the USA on that H1-B doesn't exist anymore, so it's mostly a moot argument.

[Tahoma 2,292]

Now for a new scenario:

She gets divorced, remarries, and adjusts in the U.S.

Without an annulment in the Philippines, how would she change the name on her Philippines passport to her married name or, for that matter, renew her Philippines passport?

Same way every other divorced person does it. Why is it an issue?

It's not allowed.

[Boiler 45,557]

To renew your passport?

[GJDill 0]

Land and car can be sold

I would focus on the career progress.

Her daughter is not coming on a F2?

Not before the first semester is completed .. we want make sure she will do OK in the school .. before considering bring her daughter over..

[Boiler 45,557]

So somebody is looking after her, she is with her father?

[Tahoma 2,292]

To renew your passport?

I don't see how she could renew her passport and change it to her USC husband's surname.

Her married name (USC husband), her father's name, and her mother's maiden name will be listed on her passport application form. Her married name (Filipino husband) likely is on her current passport. The BIA in Manila processe passports. it won't be too difficult for them to put 2+2 together.

[GJDill 0]

So somebody is looking after her, she is with her father?

Her daughter is enrolled in a special High School program at at a college campus, and is staying in a dorm room there. She is also very close with a cousin (like a sister) and stays with the extended family often when out of school.

Her father has not been present since she was 2 years old ... and has never contributed any support.

[Boiler 45,557]

Judging from what I have read on here lots of Philipinos divorce and do not have issues with passports etc.

Might be difficult showing her daughter as a tie in that situation.

[GJDill 0]

Thanks everyone for all the discussion ...

it is time to recap .. what the original intent was here I think ..

1) Is she a bona-fide student

She has applied for and has been accepted in the college .. her prior transcripts have been received and are being evaluated for credit transfer at this time.

Once the all credits are transferred ... then needed classes can be assessed and she can get what she is missing for her training to meet US standards.

Her career is very important to her .. OK!

She is a bona-fide student .. trying to advance her career potential .. as most serious students are..

... 1) My main question was .. why would looking to return to the US, at a later date, on a LEGAL .. work related visa .. be a negative? and if so Why? It happens all the time in the real world .. There are more nurses from the Philippines in the US than any other foreign country .. I believe. Granted .. the US is in need of specialty healthcare workers. There is still a lack of experienced nurses, willing to deal with the long hours and stressful working conditions in the field.

2) Will she return to her home country.. strong ties

Quotes ...

"With a USC boyfriend footing the entire, expensive bill for her education, she'll need to focus on those ties to PI"

"Daughter and family aren't really considered strong ties in immigration. The others though may help"

"Land and car can be sold .. I would focus on the career progress."

...2) What are strong ties??

Seems like strong ties .. is a double edged sword .. to strong of tie would show an abandonment issue (not good future planning skills) to leave for 2 - 4 years of school. Ties that can be changed or liquidated are no proof. Returning to a job after a long educational absense .. might seem a long shot even with a letter.

Most mothers "I believe" would consider a daughter .. a strong tie? I believe they call that maternal instinct..

I have done extensive study .. and it appears .. where you come from (the economic conditions) in your home country is a MAJOR factor. Students from more affluent countries, can be approved, under very similar circumstances, students from poor countries get denied on.

Some replies have taken responses from others comments and somehow incorporated them into my story .. then drawn conclusions. Seems like moral judgement to some, is more important than, providing valuable information. Does anyone have any actual evidence from examples of cases denied and granted, based on evidence provided? Or point me to threads with such evidence..

I have seen figures .. how accurate they are I have no idea .. are there any US government statistics one can view?

Student visa approvals .. 60 - 75% granted? Students actually returning to their home country at the end of their legal visa stay .. 40% ?? Info by country ??

Just curious .. I like factual information .. if it can be found.

Thanks for all the activity here ..

[Transborderwife 4,666]

1) she is showing immigrant intent. An f1 visa is strictly non immigrant. You need to prove that you do not have the intent to immigrate to obtain it. Saying that she wants to return to work in the USA is not showing a lack of immigrant intent. She must disclose any relationship that she has with a USC as well when applying.

2. Yes, I see what you're saying about maternal instincts. However, the Philippines are notorious known for having parents immigrate and leave children behind and USCIS is indeed aware of the cultural factors in this. Some articles on females leaving children behind: http://www.npr.org/2013/08/17/212807290/filipinas-leave-children-behind-to-care-for-american-kids

http://pulitzercenter.org/projects/asia-philippines-uae-dubai-paris-nanny-overseas-migrant-labor-work-children

Ultimately USCIS wants to see what the intended is planning on doing with their training in their home country upon returning. Things like a possible job offer higher up in their field. Something else to read: http://aegedu.com/blog/f-visa-interview-how-to-show-ties-to-your-home-country/

by all means, try for the F1 of you honestly believe that it's obtainable. Stranger things have happened.

I think that posters are simply trying to show you all angles of things.

[GJDill 0]

1) she is showing immigrant intent. An f1 visa is strictly non immigrant. You need to prove that you do not have the intent to immigrate to obtain it. Saying that she wants to return to work in the USA is not showing a lack of immigrant intent. She must disclose any relationship that she has with a USC as well when applying.

2. Yes, I see what you're saying about maternal instincts. However, the Philippines are notorious known for having parents immigrate and leave children behind and USCIS is indeed aware of the cultural factors in this. Some articles on females leaving children behind: http://www.npr.org/2013/08/17/212807290/filipinas-leave-children-behind-to-care-for-american-kids

http://pulitzercenter.org/projects/asia-philippines-uae-dubai-paris-nanny-overseas-migrant-labor-work-children

Ultimately USCIS wants to see what the intended is planning on doing with their training in their home country upon returning. Things like a possible job offer higher up in their field. Something else to read: http://aegedu.com/blog/f-visa-interview-how-to-show-ties-to-your-home-country/

by all means, try for the F1 of you honestly believe that it's obtainable. Stranger things have happened.

I think that posters are simply trying to show you all angles of things.

Yes .. and Thank you for your input and valuable info .. I really like the links .. cant have to much info .. lol

1) she is showing immigrant intent. An f1 visa is strictly non immigrant. You need to prove that you do not have the intent to immigrate to obtain it. Saying that she wants to return to work in the USA is not showing a lack of immigrant intent. She must disclose any relationship that she has with a USC as well when applying.

2. Yes, I see what you're saying about maternal instincts. However, the Philippines are notorious known for having parents immigrate and leave children behind and USCIS is indeed aware of the cultural factors in this. Some articles on females leaving children behind: http://www.npr.org/2013/08/17/212807290/filipinas-leave-children-behind-to-care-for-american-kids

http://pulitzercenter.org/projects/asia-philippines-uae-dubai-paris-nanny-overseas-migrant-labor-work-children

Ultimately USCIS wants to see what the intended is planning on doing with their training in their home country upon returning. Things like a possible job offer higher up in their field. Something else to read: http://aegedu.com/blog/f-visa-interview-how-to-show-ties-to-your-home-country/

by all means, try for the F1 of you honestly believe that it's obtainable. Stranger things have happened.

I think that posters are simply trying to show you all angles of things.

Yes .. and Thank you for your input and valuable info .. I really like the links .. cant have to much info .. lol

[Darnell 8,478]

what's the 3 year tuition amount at the school/uni, at international tuition rates?

[Boiler 45,557]

Obviously it is a major investment both in terms of time and money. Not something you do without considering the career impact and the future income aspect. That would certainly be valid information to use in support of an application.

Edited July 19, 2015 by Boiler