student visa rejection

[apgk 0]

Last year my fiancee had applied for a student visa which was rejected. The reason for rejection probably that the ties to the homecountry could not be established.

Can this be contrued as that she had applied for the student visa to meet me in US (and not so much to go through a course of study)? Could this be a problem?

[apgk 0]

Last year my fiancee had applied for a student visa which was rejected. The reason for rejection probably that the ties to the homecountry could not be established.

Can this be contrued as that she had applied for the student visa to meet me in US (and not so much to go through a course of study)? Could this be a problem?

anyone? I know some ppl here earlier had told me that this is not a problem. Ofcourse while filling up DS156 form we have to say that she was rejected once for visa. But my specific concern is that what if the consul would somehow come to the above mentioned conclusion that her real purpose was not to study but to meet me that time. then what? and what happens to this K1 visa-rejection? (scary thought )

[bora bora 1]

You must always tell the truth - and it will probably be brought up at the interview. However, it doesn't seem to be a problem (although I know that each consulate is different).

This has happened to plenty of people applying for the K1 visa.

I wouldn't worry too much about it - just be honest.

Edited February 28, 2007 by Bora Bora

[Detty2809 0]

Shouldn't be a problem . I tried to apply for a tourist visa after my man and I got engaged...and I was terribly worried that the consular would think I was trying to commit a visa fraud. At the interview, the consular did not ask me about it but simply "verifying"... she said "So you tried to visit him back on May 2005" and I said yes and she did not ask anything about it anymore~~ Just be honest!

[apgk 0]

Shouldn't be a problem . I tried to apply for a tourist visa after my man and I got engaged...and I was terribly worried that the consular would think I was trying to commit a visa fraud. At the interview, the consular did not ask me about it but simply "verifying"... she said "So you tried to visit him back on May 2005" and I said yes and she did not ask anything about it anymore~~ Just be honest!

ok thanks !

But in our case what is the appropriate answer?

She did enroll for a 3 month English course in a University in the city where I live in US. So she did apply for the Student visa to come here to go through that course of study, however clearly since she had applied for the univeristy in my city and the implicit intention was also to meet me. So what should we say to consular?

All this was 2 months before I had visited her first time in Russia (this is when we 'officially' got engagaed and I proposed and gave her ring).

any suggestions please?

[Otto 83]

If your asking why turned down for a Student Visa - all I can say is check out the USCIS site regarding student visa requirements - at first glance I notice at least one requirement is: Must be a full-time student - does a 3 month language course qualify? Im not sure - I don't think so, but have no experience.

Check out the site (link below)

Student Visa (USCIS)

Will this (Turn Down) hurt your K1 application? I doubt it seriously. Didn't they say why it was rejected?

[rebeccajo 14]

Lots of people have filed for tourist visas or student visas and the like, been declined, and later issued a K1, K3 or CR1.

[dkrivosheyev 0]

Hi,

I am in exactly the same situation - my fiance is also from Russia, she was in U.S. on J1 visa when we met each other, then she came back on J1 visa again, and changed her status to F1. We lived together for 9 month, however, she was a full-time student. I hope this would not cause a problem with K1 visa for her. She did not mention me as her fiance on J1 visa application, however, I wasn't really her fiance at that time... Hoping for the best!

Lots of people have filed for tourist visas or student visas and the like, been declined, and later issued a K1, K3 or CR1.

[apgk 0]

Hi,

I am in exactly the same situation - my fiance is also from Russia, she was in U.S. on J1 visa when we met each other, then she came back on J1 visa again, and changed her status to F1. We lived together for 9 month, however, she was a full-time student. I hope this would not cause a problem with K1 visa for her. She did not mention me as her fiance on J1 visa application, however, I wasn't really her fiance at that time... Hoping for the best!

Lots of people have filed for tourist visas or student visas and the like, been declined, and later issued a K1, K3 or CR1.

ok - I dont know technically when someone is considered as fiance(e). When my (now) fiancee applied for her student visa she also did not mention me as her fiance. I formally proposed to her with ring 2-3 months after she had applied for the visa. But of course when she had applied for visa, we knew each other well and she wanted to come for a short course of study and of course wanted to see me also. So I dont know what should we tell the cosular? We were thinking we would say exactly what the situation was - "yes wanted to study a 3-month english course at the university and at the same time wanted to see me, as we were close friends". This is the truth and I hope this wont cause any problems.

[dkrivosheyev 0]

I assume someone is considered as fiance(e) after you make a decision to marry each other. If you proposed to her AFTER she came to the U.S. on F1 visa, when technically you should be OK. I am in the same situation because we even lived together in the U.S. while she was on F1 visa, and we also knew each other and had a relationship before she applied for her J1 visa to come to the U.S. We did not have any marriage plans, however, just boyfriend and girlfriend... This is a diffucult situation, and a problem may arise during the interview. I have hired an immigration attorney to help with this case. I think she should tell the truth to the consular officer should this question come up during the interview.

[apgk 0]

I assume someone is considered as fiance(e) after you make a decision to marry each other. If you proposed to her AFTER she came to the U.S. on F1 visa, when technically you should be OK. I am in the same situation because we even lived together in the U.S. while she was on F1 visa, and we also knew each other and had a relationship before she applied for her J1 visa to come to the U.S. We did not have any marriage plans, however, just boyfriend and girlfriend... This is a diffucult situation, and a problem may arise during the interview. I have hired an immigration attorney to help with this case. I think she should tell the truth to the consular officer should this question come up during the interview.

Can you please let us know (free advise) what that immigration attorney tells you?

[dkrivosheyev 0]

I assume someone is considered as fiance(e) after you make a decision to marry each other. If you proposed to her AFTER she came to the U.S. on F1 visa, when technically you should be OK. I am in the same situation because we even lived together in the U.S. while she was on F1 visa, and we also knew each other and had a relationship before she applied for her J1 visa to come to the U.S. We did not have any marriage plans, however, just boyfriend and girlfriend... This is a diffucult situation, and a problem may arise during the interview. I have hired an immigration attorney to help with this case. I think she should tell the truth to the consular officer should this question come up during the interview.

Can you please let us know (free advise) what that immigration attorney tells you?

I sure will. I have completed the entire I-129F package and sent it to my attorney for review. I will share any suggestions - we all in the same boat

[dkrivosheyev 0]

I assume someone is considered as fiance(e) after you make a decision to marry each other. If you proposed to her AFTER she came to the U.S. on F1 visa, when technically you should be OK. I am in the same situation because we even lived together in the U.S. while she was on F1 visa, and we also knew each other and had a relationship before she applied for her J1 visa to come to the U.S. We did not have any marriage plans, however, just boyfriend and girlfriend... This is a diffucult situation, and a problem may arise during the interview. I have hired an immigration attorney to help with this case. I think she should tell the truth to the consular officer should this question come up during the interview.

Can you please let us know (free advise) what that immigration attorney tells you?

I sure will. I have completed the entire I-129F package and sent it to my attorney for review. I will share any suggestions - we all in the same boat

Well, my attorney reviewed the case and suggested to tell the truth. Technically it is a question of intention - if your girlfrien was in the U.S. on a student visa, and she really attended college, and she had a real intention to study, then it should be OK. If she did not put you as a fiance on her visa application, it is also OK as long as you were not her fiance, just a boyfriend. The difference between fiance and a boyfriend is that the former does not have plans to marry. As long as you two did not have any marriage plans when she was coming to the U.S. on the student visa, it should be OK. My attorney also will redo my answer to question 18 - I wrote over 4 pages essay about how we met and what we did together, and it is too long, my attorney thinks.

[apgk 0]

I assume someone is considered as fiance(e) after you make a decision to marry each other. If you proposed to her AFTER she came to the U.S. on F1 visa, when technically you should be OK. I am in the same situation because we even lived together in the U.S. while she was on F1 visa, and we also knew each other and had a relationship before she applied for her J1 visa to come to the U.S. We did not have any marriage plans, however, just boyfriend and girlfriend... This is a diffucult situation, and a problem may arise during the interview. I have hired an immigration attorney to help with this case. I think she should tell the truth to the consular officer should this question come up during the interview.

Can you please let us know (free advise) what that immigration attorney tells you?

I sure will. I have completed the entire I-129F package and sent it to my attorney for review. I will share any suggestions - we all in the same boat

Well, my attorney reviewed the case and suggested to tell the truth. Technically it is a question of intention - if your girlfrien was in the U.S. on a student visa, and she really attended college, and she had a real intention to study, then it should be OK. If she did not put you as a fiance on her visa application, it is also OK as long as you were not her fiance, just a boyfriend. The difference between fiance and a boyfriend is that the former does not have plans to marry. As long as you two did not have any marriage plans when she was coming to the U.S. on the student visa, it should be OK. My attorney also will redo my answer to question 18 - I wrote over 4 pages essay about how we met and what we did together, and it is too long, my attorney thinks.

ok thanks.

Actually my fiancee could never come on student visa as her student visa was rejected.

But she had enrolled in the university for 3 month course and had an I-20 from the

university and she intended to study there for full 3 months.

That time we were only boyfriend/girlfriend. But of course she wanted to meet me also

and so she had enrolled in the university where i live.

But i find all this very natural for a person to do - if her boyfriend lives in the same city

where she is studying ..of course she will see him..and that is how we intend to answer

to consular also when she gets asked about her student visa rejection story.

[Andy 2]

This is an issue that seems pretty simple on the surface, but where there are a few potential pitfalls, depending on precise details of the situation.

For example, while it's easy to say that her intent was to enter the US as a student to study, if the relationship with you pre-existed that application and she mentioned that fact, it would add to the sense of her intent being to enter the US and remain - quite possibly enough to cause a denial of that visa. It could also impact the K-1 visa application since it is possible (not certain by any means, but possible) that the previous visa application, coupled with the subsequent K-1 process could be seen by the consular officer as her seeking a visa to live in the US rather seeking one to marry you.

Much depends on the fine details of what was in the previous application, what she said and why she was denied.

In the broad sense, and leaving aside those questions, there is no real problem with having a previous non-immigrant visa denied (if it's on the basis of insufficient ties to the home country as opposed to the other forms of ineligibility) in the context of a subsequent K-1 application. There would almost inevitably be details of the prior visa application available to the consulate so it must be declared and would likely cause one or two questions during interview, but since a K-1 is issued to those who demonstrate clear immigrant intent, the fact a prior visa may have been denied for that very reason is not an obstacle as long as all the details are openly declared, and there are no other issues not included here.