F1 visa while K1 immigrant visa pending? (merged)

[estebanlars 0]

Dear VisaJoruney community,

 

A great opportunity opened for my fiance (NOA1 status since end of April) to study in the US since August 2017.  The thing is she applied for the K1 visa, I already received the NOA1 letter.  We speculate she will get the K1 visa around september.  Is it possible for her to get the F1 visa while we are waiting for the K1 visa? Does she have to go back to her country once she gets the interview for the K1 visa? How should we proceed in this particular situation? Any suggestions?  Maybe she can start studying with the tourist visa, and we dont get the F1 visa, I dont know. This study experience is really important for her and we would not like to miss it.

 

Thank you very much for your help,

 

Thanks, Esteban

Edited June 9, 2017 by Penguin_ie

[Jojo92122 1,924]

The K1 shows immigrant intent, so it will be hard for your fiancée to get an F1 student visa which requires her not to have immigrant intent.

 

She can not study on a tourist visa, that's illegal.  

 

 

[audacieux89 256]

1 hour ago, estebanlars said:

Dear VisaJoruney community,

 

A great opportunity opened for my fiance (NOA1 status since end of April) to study in the US since August 2017.  The thing is she applied for the K1 visa, I already received the NOA1 letter.  We speculate she will get the K1 visa around september.  Is it possible for her to get the F1 visa while we are waiting for the K1 visa? Does she have to go back to her country once she gets the interview for the K1 visa? How should we proceed in this particular situation? Any suggestions?  Maybe she can start studying with the tourist visa, and we dont get the F1 visa, I dont know. This study experience is really important for her and we would not like to miss it.

 

Thank you very much for your help,

 

Thanks, Esteban

I believe it would be hard to apply for another visa while the K1 visa is already in process...you should probably inquire with the US embassy for your case so they can advise you.

[estebanlars 0]

Hi,

 

How are you?

 

My fiance currently has the possibility to apply for graduate studies beginning in August.  The thing is we are waiting for the K1 visa (immigrant visa/fiance visa), she received the NOA1 on the 23rd of April.  We were wondering what were the chances of getting accepted for a F1 visa before the K1 visa was ready (we calculate it will be around September/October).  I just called the embassy and they said that initiating the F1 visa was not going to put in danger the K1 application, but that the F1 visa may or may not get accepted.  My girlfriend really wants to start studying in August, but we were wondering if anyone knew how much were the chances that her F1 visa gets accepted.  Any information in this regard will be greatly appreciated.

 

Thanks, Esteban

[Jojo92122 1,924]

No one can tell you her chances.  

 

No need to start another thread.

[estebanlars 0]

20 hours ago, Jojo92122 said:

The K1 shows immigrant intent, so it will be hard for your fiancée to get an F1 student visa which requires her not to have immigrant intent.

 

She can not study on a tourist visa, that's illegal.  

 

 

 

19 hours ago, audacieux89 said:

I believe it would be hard to apply for another visa while the K1 visa is already in process...you should probably inquire with the US embassy for your case so they can advise you.

Thanks! I called the embassy, they didn't gave me a yes or no for an answer, but the chances of getting the F1 visa certainly looked slimmer. Does anyone have any idea if the chances slightly diminish or if its sure we will get a no for an answer?

[Jojo92122 1,924]

1 minute ago, estebanlars said:

 

Thanks! I called the embassy, they didn't gave me a yes or no for an answer, but the chances of getting the F1 visa certainly looked slimmer. Does anyone have any idea if the chances slightly diminish or if its sure we will get a no for an answer?

You want an answer that no one can give you.

[f f 725]

for the f1 she will need to show she has greater ties to her home country so that she will return. you have a k1 vIsa in progress which is used to move to the us. you should see the problem there. that being said her odds of getting one is very low but if she never applies her odds are even lower.

[estebanlars 0]

1 hour ago, Jojo92122 said:

You want an answer that no one can give you.

Thanks, I know, I though it was worth trying though, maybe someone went through a similar experience and had success/failure

[estebanlars 0]

On 2017-6-8 at 8:02 PM, Jojo92122 said:

You want an answer that no one can give you.

 

On 2017-6-8 at 8:06 PM, f f said:

for the f1 she will need to show she has greater ties to her home country so that she will return. you have a k1 vIsa in progress which is used to move to the us. you should see the problem there. that being said her odds of getting one is very low but if she never applies her odds are even lower.

If she cancels her K1 visa process, do her chances to get the F1 visa go back to normal? Or do you thinks they will still believe she has immigrant intent?

 

Thanks for everything.

[f f 725]

only time can remove immigrant intent. if the k1 is canceled then it a pears like she is desperate to get to the us and the very nature of that question implies you would have her enter with the intention to adjust her status which is illegal.

[EmilyW 1,434]

AS @f f said, cancelling the K1 in favor of an F1 looks bad in my opinion.  From a CO perspective, you guys were all ready to get married and for her to live in the US and now you want an F1 instead where - once that's expired - she's going to leave the country.  I don't believe that's a plausible scenario.  

 

I think the CO will (perhaps correctly) identify that you're using an F1 to get her into the country, marry her and then adjust status.

 

Can't she just wait until next year to start her studies?  That way, you guys can get the K1, marry, get settled in to life in America.

[Coco8 1,042]

On 6/7/2017 at 10:31 PM, estebanlars said:

A great opportunity opened for my fiance (NOA1 status since end of April) to study in the US since August 2017.  The thing is she applied for the K1 visa, I already received the NOA1 letter.  We speculate she will get the K1 visa around september.  Is it possible for her to get the F1 visa while we are waiting for the K1 visa? Does she have to go back to her country once she gets the interview for the K1 visa? How should we proceed in this particular situation? Any suggestions?  Maybe she can start studying with the tourist visa, and we dont get the F1 visa, I dont know. This study experience is really important for her and we would not like to miss it.

Esteban:

 

I think she should ask to postpone her program until the Spring semester or Fall 2018. The university might allow this. If they do this, she will be able to study with the green card, which she should have by then.

 

Cancelling the K1 would not help the F1. She will not get it because it will become obvious that you will AOS in the US while she is with the F1. That is clear intent and they will not allow that because F1 is to study, not to study and get married. If you have to start K1 for the start is a ton of money and time.

 

The study experience is important but, to me, having the green card is a higher priority. If she looses her spot in graduate school she can apply for next year and if she goes to a public university she can pay the same tuition Americans pay, which is lower. 

 

 

 

Edited June 18, 2017 by Coco8