STUDENT VISA QUESTIONS

[milimelo 4,475]

I don't see her being approved as she'll have to list you on the application as her fiancé. 

 

May be wise to start I-129f petition for her. 

[Darrinos 6]

But why would we apply for a fiance visa if that is not what we want at this time? If we apply, we have 90 days to get married. That's not our plan. This is the part of the process that becomes so frustrating, to be honest. And forgive my ignorance, but as a student, will she be required to list a fiance? I'm asking because I do not know.

[Darrinos 6]

Ret.... Her goal (and mine, to be honest) is that she return to Indonesia and start her own business. This is why she wants her education. After that is established, then we will look at the fiance visa. That's why we aren't ready to file for the fiance visa yet. Does the system not allow for actual plans like that? Are we required to get married and not have other plans before doing so? And, since you asked the question, she doesn't "need" a second degree, it's just that her first was in an area that her parents insisted. This one will be in an area that she actually wants. Seems like the scope of questions from immigration is very narrow. Am I correct in saying so?

[mrtravel 40]

The burden of proof is on the person applying for the visa.  
Getting beyond that might be difficult, especially with prior rejections, and with a fiance living in the US

 

Edited May 17, 2017 by mrtravel

[RetConnOff 17]

because the statement, 'I'm gonna open a business' is not even factual nor logical...from where is all the $$ supposed to come after graduating, to open said business? Far too many folks have used the student visa, along with big plans to open up a business (with no money) in order to circumvent the wait time (and separation time) of the K1 visa....why does one need a second degree in something just to open a business? One needs $$$ and a business plan, not a degree.

And with two fairly recent B2 denials, (which meant the COs did not believe she would leave the US), how is this any different? Changing stories is not the same as a change in circumstances....she still has a US fiance, correct? Whatever her alleged reasons for returning (old kid, church) remain the same....so what is really different? Only the reason to GO to the US, not to leave it. This will not be the slam dunk you think it (should) be.

[caliliving 606]

12 minutes ago, RetConnOff said:

because the statement, 'I'm gonna open a business' is not even factual nor logical...from where is all the $$ supposed to come after graduating, to open said business? Far too many folks have used the student visa, along with big plans to open up a business (with no money) in order to circumvent the wait time (and separation time) of the K1 visa....why does one need a second degree in something just to open a business? One needs $$$ and a business plan, not a degree.

And with two fairly recent B2 denials, (which meant the COs did not believe she would leave the US), how is this any different? Changing stories is not the same as a change in circumstances....she still has a US fiance, correct? Whatever her alleged reasons for returning (old kid, church) remain the same....so what is really different? Only the reason to GO to the US, not to leave it. This will not be the slam dunk you think it (should) be.

I agree

 

Not to mention 47 and another degree is very very suspect. Seems like she is using the f1 to go around the visiting visa and come to the USA. The officers have been there before. They know this trick. Don't think they are that stupid! No one needs a second degree and where would she be getting it from? A third rate university? Unless she was doing some serious research study at 47 at a decent school I am certain it will be denied. Especially after 2 previous denials. She should save the money and open her business now. Basically she won't graduate till 50. That isn't normal. 

 

Unfortunately in immigration it's tough. I suggest you sage the 30k/year and use into visit her or travel to othw r countries a few more times 

[Darrinos 6]

I appreciate all of your input. Obviously, there are many more personal facets to this story (that I've not shared) that I hope will make a difference for her. Some of the "facts" that I've shared may be a little bit "altered" for privacy. I know that the officers are experienced and educated. I have no illusions about that. But truth is the truth, and it is her desire to get the degree, (not from 3rd rate university or community college), and start a business in her country. This is one of the potential questions asked, is it not? (How will your education benefit Indonesia when you return?) If saying "I hope to start a business" is not realistic, then why would any other answer be more so? Is "I want to get a job" any better? I can't see how it would be. Her conviction is to be truthful.

 

And yes, it is truly our intent to wait until her return to her country before filing for a fiance visa. Her business model nearly requires this, for various reasons. We are not in a hurry and want to do everything legal and right. Regardless, I appreciate your input and know that your questions only help prepare her (and others) for the questions and challenges that lie ahead.

[Boiler 45,418]

What would a degree cost? Assume north of 100k, she has the money she wants to do it why not go for it?

[RetConnOff 17]

she would likely be better off investing the 100K in the 'business.' Again, I see no changes in her circumstances, only in why she wants to go to the US, not why she would return...and the notion that a Indonesian business plan requires that she eventually get a K1 visa is rather hard to believe....when did Indonesia enact that law?

[caliliving 606]

46 minutes ago, Darrinos said:

I appreciate all of your input. Obviously, there are many more personal facets to this story (that I've not shared) that I hope will make a difference for her. Some of the "facts" that I've shared may be a little bit "altered" for privacy. I know that the officers are experienced and educated. I have no illusions about that. But truth is the truth, and it is her desire to get the degree, (not from 3rd rate university or community college), and start a business in her country. This is one of the potential questions asked, is it not? (How will your education benefit Indonesia when you return?) If saying "I hope to start a business" is not realistic, then why would any other answer be more so? Is "I want to get a job" any better? I can't see how it would be. Her conviction is to be truthful.

 

And yes, it is truly our intent to wait until her return to her country before filing for a fiance visa. Her business model nearly requires this, for various reasons. We are not in a hurry and want to do everything legal and right. Regardless, I appreciate your input and know that your questions only help prepare her (and others) for the questions and challenges that lie ahead.

I don't think you understand their is no need for her tonspend 100k on a degree in the USA. Also, she got denied twice for a visitor visa so it looks like ahe is visa shopping and she has a US fiance!!!!!

 

If you have other reasons that you think will make your case stronger please share them with us, we would love to hear and it's best to give us the full story to get an informed decision. I don't see your f1 getting approved. So prepare for the next step after it gets denied. 

[Russ&Caro 1,549]

6 hours ago, Darrinos said:

But why would we apply for a fiance visa if that is not what we want at this time? If we apply, we have 90 days to get married. That's not our plan. This is the part of the process that becomes so frustrating, to be honest. And forgive my ignorance, but as a student, will she be required to list a fiance? I'm asking because I do not know.

For what it's worth, I was in your shoes 7 years ago. My girlfriend (now wife) filed in succession:

1. US Tourist visa - denied

2. US student visa with an acceptance to college with I-20 - denied

3. Canadian student visa (I was living not far from border) - denied

 

In the end I kept flying down to see her a couple of times a year and then finally 3 years ago we married and she's been in the USA for 2 years. She finally graduated with that extra education from the US on this last Saturday, by the way.

 

I understand your frustration. Until you come to fully know about US immigration policy and procedures, it seems insane that someone you like or love can't come here and study or be a tourist when we see so many others do it. I recommend that you go for it. If it doesn't work out, then you can still maintain your long distance relationship with the hope that it might become something more permanent at a future date. The key is to tamp down your expectations. Good luck!

[Darrinos 6]

Russ&Caro,

 

Thank you for your input! You mention a few things of interest. Is it possible to discuss in email one on one? And by the way, I'm so happy for you two! Glad that it worked out

 

[caliliving 606]

Unfortunately immigration is tough. So either you deal with the issue and continue to visit her or meet in a mutual place, file the k1 or maybe a LD international relationship isn't for you. 

[Ban Hammer 13,310]

one non contributory post removed.
post constructive advice for the op, do not use this thread as a soapbox.

 

charles

vj moderation

[Boiler 45,418]

Sounds like finance is not an issue, many people who post here do not realise the costs involved. With money comes options, here at home or elsewhere.