affect of withdrawing K1 visa on the future beneficiary visa requests

[delpers 0]

my fiance in the US applied K1 visa for me 8 years ago. but we broke up months before the interview time and he withdrew the file. now, after 8 years I applied for Student visa twice but I was rejected every two times just after asking me: You have a fiance and applied for a fiance visa before right?! I want to know does really this history affect my student visa request after 8 years? 

[Boiler 46,302]

If you have a strong F1 application I would have said not.

[KeratNY 76]

It shouldn't affect it at all, except in the highly unusual circumstance where they have some sort of proof the fiancee visa was obtained by fraud or you lied on the application. Did you overstay that visa?

[TNJ17 1,329]

I would say it should. Because it shows you have immigrant intent. It’s up to the interviewer ultimately to decide whether or not your ties to your home country are strong enough. A student visa is a non immigrant visa so you’re a red flag. 

[payxibka 10,047]

9 minutes ago, KeratNY said:

It shouldn't affect it at all, except in the highly unusual circumstance where they have some sort of proof the fiancee visa was obtained by fraud or you lied on the application. Did you overstay that visa?

If you read the OPs post, they didn't even make it to the interview

[delpers 0]

9 minutes ago, KeratNY said:

It shouldn't affect it at all, except in the highly unusual circumstance where they have some sort of proof the fiancee visa was obtained by fraud or you lied on the application. Did you overstay that visa?

I didn't obtain fiancee visa. as I mentioned, he withdrew the case even before the interview. so I didn't go to interview. 

[payxibka 10,047]

Why would the CO believe that you might still have a USC fiance?

[delpers 0]

6 minutes ago, TNJ17 said:

I would say it should. Because it shows you have immigrant intent. It’s up to the interviewer ultimately to decide whether or not your ties to your home country are strong enough. A student visa is a non immigrant visa so you’re a red flag. 

fiance visa is an immigrant visa, but he withdrew the file even before the interview and that was 8 years ago! you mean 8 years ago I had a fiance in the US and decided to live with him but we broke up and withdrew the case and that's why 8 years later I can't get a student visa? too unfair!

Edited May 15, 2018 by delpers

[KeratNY 76]

2 minutes ago, delpers said:

I didn't obtain fiancee visa. as I mentioned, he withdrew the case even before the interview. so I didn't go to interview. 

I thought you went to fiancee interview and were referring to the interview to obtain a green card once you entered the US and married and filed I-485. Ok then no it shouldn't affect it, especially with the 8 year gap which would seem to prove you don't have immigrant intent. 

[Boiler 46,302]

8 minutes ago, delpers said:

fiance visa is an immigrant visa, but he withdrew the file even before the interview and that was 8 years ago! you mean 8 years ago I had a fiance in the US and decided to live with him but we broke up and withdrew the case and that's why 8 years later I can't get a student visa? too unfair!

General consensus is that this is not a factor.

[AL-MJD 144]

i'm really thinking it shouldn't have any effect whatsoever. however, you really need extra proof that you have serious ties to your home country and will be going back after the studies or of course the interviewing officer is going to suspect that you have immigrations intent. it's similar for people who have not gone through your experience.

 

that being said, if any forms you had to fill asked if you've had prior visa applications, you should also declare the K1 Visa from 8 years ago.

Edited May 15, 2018 by AL-MJD

[mrmvkjts 459]

I‘m assuming you‘re not with this US Citizen who petitioned the K1anymore?

You broke up for good?!

 

Do you maybe have a new boyfrind who is from the US? That might be causing a ...difficulty...

 

I would assume if you have a strong F1 case and show enough ties to your home country...it should work...

 

[kris&me 572]

Have you been accepted and have proof of that from intended college?

Have you contacted the college and asked them to help with your student visa?

do you have the proof they require for the tuition ?

 

these are the things the CO needs to approve a sutdent visa 

 

[cd37 229]

13 hours ago, delpers said:

fiance visa is an immigrant visa, but he withdrew the file even before the interview and that was 8 years ago! you mean 8 years ago I had a fiance in the US and decided to live with him but we broke up and withdrew the case and that's why 8 years later I can't get a student visa? too unfair!

Nothing is unfair. You are not entitled for something bcoz you think you deserve it. If you have admission(i 20) from reputed university I dont see any issue. Finally its upto CO to make decision. its non immigrant  visa so CO would definitely see ties back home that you will come back after studies.

[jan22 3,069]

Would help to know OP's country.  Might make a difference in responses.

 

Unlike other posters here, I believe the former K-1 petition can still have an effect on on a non-immigrant visa application.  How many times have people on this forum suggested using a student visa in lieu of or while waiting for an immigrant visa?  Happens all the time and, because of that, any previous signs of immigration intent may make it more difficult to get any type of non-immigrant visa. OP will need very strong evidence of ties that would compel return to home country after studies are complete -- even after 8 years.

Edited May 15, 2018 by jan22