What are the chances of a visa application being denied?

[Crazy Cat 41,898]

1 minute ago, CKnight said:

Lucky Cat: That didn't quite answer my question on this thread. My question is, what are the chances of a denial concerning her visa applications? 

Since we really don't know what her legal status is (based on a previous thread), it is impossible to answer.

[CKnight 1]

1 minute ago, Lucky Cat said:

Since we really don't know what her legal status is (based on a previous thread), it is impossible to answer.

The problem with the last question I asked, was that it produced a lot of confusion surrounding her current status and thoughts that I was being scammed. I myself had a misunderstanding of the situation, but I have since found out more information. She says she is here legally. Just as I mentioned in this thread, she applied for both visas BEFORE her J1 expired. Knowing she is here legally and waiting for an answer, all I want to know is the likelihood of a denial or approval. 

[Crazy Cat 41,898]

1 minute ago, CKnight said:

The problem with the last question I asked, was that it produced a lot of confusion surrounding her current status and thoughts that I was being scammed. I myself had a misunderstanding of the situation, but I have since found out more information. She says she is here legally. Just as I mentioned in this thread, she applied for both visas BEFORE her J1 expired. Knowing she is here legally and waiting for an answer, all I want to know is the likelihood of a denial or approval. 

Didn't she also say that she is afraid that she would not be allowed to re-enter the US if she left?  

[CKnight 1]

1 minute ago, Lucky Cat said:

Didn't she also say that she is afraid that she would not be allowed to re-enter the US if she left?  

She said that if she left (e.g. family emergency or any reason) she would not be able to come back to the United States without re-applying for a Visa to re-enter the U.S. Again,  I didn't explain it very well in my last question hence the confusion. The point is, leaving the U.S. in her current situation would mean not being able to come back in without re-applying for entry. 

[canadian_wife 1,822]

24 minutes ago, CKnight said:

 My question is, what are the chances of a denial concerning her visa applications? 

In truth, none of us know since none of us know the totality of her circumstances.  I understand you want absolutes but I do not think any of us can give that to you.

 

Good luck. 

[chrissandra 59]

without being insensitive to her predicament I am not seeing a positive outcome. 

Staying in the USA for a year without the ability to work legally, only to be granted a tourist visa is farfetched. I only see her accruing illegal time in the USA that might hurt her in the future. 

my 2 cents  - She should go home before more damage is done, and if the 2 of you are serious about each other, a spousal visa down the road will be an option.

 

Good luck guys!  

[Crazy Cat 41,898]

19 minutes ago, CKnight said:

She said that if she left (e.g. family emergency or any reason) she would not be able to come back to the United States without re-applying for a Visa to re-enter the U.S.

That doesn't sound right to me, if she is currently in legal status.  Anyway, what is her first choice?  A non-immigrant status or does she want to apply for residency after marriage? 

[CKnight 1]

6 minutes ago, Lucky Cat said:

That doesn't sound right to me, if she is currently in legal status.  Anyway, what is her first choice?  A non-immigrant status or does she want to apply for residency after marriage? 

At the moment, her first choice is a non-immigrant status. She wants to marry me, but not yet. 

[Timona 4,207]

1 hour ago, CKnight said:

My girlfriend came into the United States as an Au-pair under the J1 work visa. She said that she applied for the student and tourist visa about three months before her J1 visa was set to expire. It has been just about a year since she applied, and she has not heard anything  regarding whether or not she will receive the student and tourist visa. Apparently, she wanted to changed her status by applying before the J1 visa expired. She was also recently finger-printed in the process, but has not heard a definitive answer yet. If the visa is denied she will have to return home unless we get married. I am not sure that we will get married in the U.S., but what are the chances of receiving a denial on either of those visas? What would cause an application to be denied?

 

51 minutes ago, CKnight said:

Lucky Cat: That didn't quite answer my question on this thread. My question is, what are the chances of a denial concerning her visa applications? 

We already answered the questions in your previous thread.

 

However, I will answer them again today. Using the bolded, she is already out of status. You need to be in status when you receive the F-1 or B-2. Since she's currently not in status, they will be denied. Why do you think she says she will be barred from re-entering the US if she leaves?

As you said, it has been a year since she applied to change from J-1. Her J-1 status was up and done a year ago. So expect a denial.

I hope my answer was direct

Edited May 3, 2021 by Timona

[Timona 4,207]

4 minutes ago, CKnight said:

At the moment, her first choice is a non-immigrant status. She wants to marry me, but not yet. 

 

I am not gonna indulge in this one. I believe we gave you sound advise. Just be careful

[Crazy Cat 41,898]

7 minutes ago, CKnight said:

At the moment, her first choice is a non-immigrant status. She wants to marry me, but not yet. 

I see........  Good luck.  To be honest, it sounds like visa shopping....and marriage is the last resort.  I hope I am wrong.  Be very careful.  I wish you well in the future.

Edited May 3, 2021 by Lucky Cat

[bakphx1 789]

1 hour ago, CKnight said:

My girlfriend came into the United States as an Au-pair under the J1 work visa. She said that she applied for the student and tourist visa about three months before her J1 visa was set to expire. It has been just about a year since she applied, and she has not heard anything  regarding whether or not she will receive the student and tourist visa. Apparently, she wanted to changed her status by applying before the J1 visa expired. She was also recently finger-printed in the process, but has not heard a definitive answer yet. If the visa is denied she will have to return home unless we get married. I am not sure that we will get married in the U.S., but what are the chances of receiving a denial on either of those visas? What would cause an application to be denied?

We can’t make odds, but since it would be the third visa while two others are pending, the odds of denial are high.  Much higher for every month you can’t show you knew each other.

Edited May 3, 2021 by bakphx1

[SusieQQQ 11,586]

1 hour ago, CKnight said:

She said that she applied for the student and tourist visa about three months before her J1 visa was set to expire. It has been just about a year since she applied, and she has not heard anything  regarding whether or not she will receive the student and tourist visa

So her actual status expired around 9 months ago, and she applied for two different changes of status? That tends to show a desperation to stay in the US by any means possible rather than genuinely having a “need” to stay.  An example of why this could be a problem: How does her expression of intent to leave after the tourist status (required to be explained on that application) tie up with presumably a longer stay required for a student visa?

 

They can deny for a number of reasons, including not believing the applications are genuine. If she applied a year ago, what has happened to the school registration she based the student application on, by the way?  I also assume that given the timeframes you mention, the date by which she undertook to leave on the tourist application (a 6 month max) has passed yet she is still here? Even if she gets an approval on the tourist status it will have been for a maximum of 6 months from when her J ended meaning she has still overstayed by, what, about 3 months now based on the times you mentioned? A denial on a student visa change of status is very common because there are specific timings required around the start date of the course to issue it, and given the time elapsed her start date must be long gone. I don’t see any likely outcome to any scenario here which puts her back in status from where she is now.

 

 

 

 

[Nat&Amy 623]

The chances of her application being denied are high. If she had only applied for a student visa and provided enough evidence she needs a change of status because her plan is to study, her odds would be better. The moment she puts in a request for a visitor visa (before or after the student one, doesn't matter), she makes it clear that what she actually wants is to stay in the country with whatever visa she can get. It does not look good. Of course, her request might still be approved but I would not count on it.

[mushroomspore 3,044]

2 hours ago, CKnight said:

My girlfriend came into the United States as an Au-pair under the J1 work visa. She said that she applied for the student and tourist visa about three months before her J1 visa was set to expire. It has been just about a year since she applied, and she has not heard anything  regarding whether or not she will receive the student and tourist visa. Apparently, she wanted to changed her status by applying before the J1 visa expired. She was also recently finger-printed in the process, but has not heard a definitive answer yet. If the visa is denied she will have to return home unless we get married. I am not sure that we will get married in the U.S., but what are the chances of receiving a denial on either of those visas? What would cause an application to be denied?

Sorry to nitpick, but your statements are a little confusing. There is no such thing as a joint student-AND-tourist visa. Student and tourist visas are two separate, distinct categories. Student visas require applicants to return home after their studies. The tourist visa also requires people to return home after their granted length of stay. Considering she already had a J-1 and immediately applied for two separate other visas in a clear attempt to stay within the USA, it is highly unlikely the interviewer is going to believe she has real intentions of leaving the USA and that is enough for a denial. Note that I am not saying she WILL be denied because I (and everybody else on this website) have zero way of predicting that.

 

And perhaps this is a little rude to point out, but this is ultimately her legal status at risk, not yours. Why has she not created an account here herself to get answers? It's clear from your other thread that the facts about her situation are unclear and it's difficult for anyone to give proper advice when information has gone through a game of "Telephone", so to speak. From our perspective (the people who have decided to answer you in this thread), it is a credible possibility that she may not have been completely honest with you about her legal status.

Edited May 3, 2021 by mushroomspore