Denial in first F1 Interview

[carmel34 3,622]

45 minutes ago, Michael98 said:

But obviously I want to do it in the U.S, my girlfriend lives there

In addition to the weak ties to your home country, the fact that you want to study in the US because you want to live with your girlfriend is the other big reason that you were denied a student visa.  F-1s are only approved if the officer is convinced that you will return to your home country following the completion of the program.  You have received all the advice you need, now the two of you can have an in-depth discussion about the future of your relationship.  A master's degree online or outside the US would be good options.  Your girlfriend can visit you periodically while you both figure out if the relationship will actually lead to something more serious, where she would be willing to petition for you for a K-1 or get married apply for a CR-1.  Is she willing to move to your country so that you can be together?  Is she in a financial position to be able to sponsor you for a K-1 or CR-1 visa?  That process takes 1-2 years, depending on your home country's backlog for interviews.  Good luck!

Edited May 20, 2022 by carmel34

[Bajinga 136]

6 minutes ago, Michael98 said:

So the best way to do it would be to affiance with my gf and apply for k1 visa? Or would this still be considered visa shipping 

ya, If you decide to go the immigrant visa route previous denial would not have any impact. either k1 visa for fiance or CR1 if you decide to get married first. pick the one that suites your circumstances better.

[aaron2020 11,651]

An F-1 student visa is not a visa to come live with your US girlfriend.  That is the EXACT reason to deny you a student visa which requires you to show a foreign home that you intend to return to after finishing your education.  How does coming to live with my USC girlfriend a showing of intent to return home afterwards?  Not very likely.

Long distance relationships are hard.  You're going to have to decide whether to pursue it knowing that your only way into the US to live is to marry her.  That's it at this point.  Your ship has sailed.  Your options are limited.  While this is all news to you.  It's old stuff that we have seen over and over.

 

It is not visa shopping for you to pursue a fiance visa or spousal visa to come live in the US.  It's your only available options that are realistic.  

 

Edited May 20, 2022 by aaron2020

[Villanelle 4,122]

41 minutes ago, Michael98 said:

 

Also, why did that homeland officer tell me to just apply for a visa like f-1 because the incident won’t affect that application at all? 

Honestly because it's better for them to say something like that then to tell you the harsh reality. I believe if you try to recall the exact words they used it was more along the lines of this won't impact your ability to file for the F1. Your statement is also not an absolute denial reason for the F1 (makes you ineligible or inadmissible). So technically they didn't lie they just presented it in a way that made it seem 'better' than it was in reality so you walked out pleasantly rather than enraged causing a scene.

 

My previous spouse had a similar experience with USCIS. At their citizenship interview they were told everything was great, passed the exam, had everything needed except oh wait we see here a criminal record for a serious offense! But don't worry all you need to do is submit the records for it here is the slip for that and once you send it to us we can wrap this up have a nice day.  We left feeling like it was all ok. It wasn't until later when I looked into exactly what this record was that I had no idea about did I see that regardless of what records were later sent there was no way it would be approved and understood the Officer was being polite and minimizing the issue to avoid a scene. 

[Mixel96 8]

5 minutes ago, aaron2020 said:

An F-1 student visa is not a visa to come live with your US girlfriend.  That is the EXACT reason to deny you a student visa which requires you to show a foreign home that you intend to return to after finishing your education.  How does coming to live with my USC girlfriend a showing of intent to return home afterwards?  Not very likely.

Long distance relationships are hard.  You're going to have to decide whether to pursue it knowing that your only way into the US to live is to marry her.  That's it at this point.  Your ship has sailed.  Your options are limited.  While this is all news to you.  It's old stuff that we have seen over and over.

 

It is not visa shopping for you to pursue a fiance visa or spousal visa to come live in the US.  It's your only available options that are realistic.  

 

Okay thanks for the information. Still, I do not want the f1 to live with my girlfriend. I want it in order to study at that specific university and get my mba degree. Also I want to be on campus, in person and get the full experience. Being able to save housing costs and stay at my girlfriends place gives me extra money and just fits the opportunity. We literally also agreed to move to Germany after we both completed our degrees but I guess that’s still not enough 

[aaron2020 11,651]

2 minutes ago, Michael98 said:

Okay thanks for the information. Still, I do not want the f1 to live with my girlfriend. I want it in order to study at that specific university and get my mba degree. Also I want to be on campus, in person and get the full experience. Being able to save housing costs and stay at my girlfriends place gives me extra money and just fits the opportunity. We literally also agreed to move to Germany after we both completed our degrees but I guess that’s still not enough 

You do want to come to live with your girlfriend.  It can be an F1 or any other options.  You have repeatedly mention living with your girlfriend.  Paraphrasing your words.  

After a while of living together, plans change. You are more likely to stay and adjust status because that is what lots of other couples before you have done.  Nothing is new.

You can keep saying that you do not want the F1 to live with your girlfriend, and the old guys and one young 40-year old lady are not buying it.  Sorry.

[Mixel96 8]

10 minutes ago, Villanelle said:

Honestly because it's better for them to say something like that then to tell you the harsh reality. I believe if you try to recall the exact words they used it was more along the lines of this won't impact your ability to file for the F1. Your statement is also not an absolute denial reason for the F1 (makes you ineligible or inadmissible). So technically they didn't lie they just presented it in a way that made it seem 'better' than it was in reality so you walked out pleasantly rather than enraged causing a scene.

 

My previous spouse had a similar experience with USCIS. At their citizenship interview they were told everything was great, passed the exam, had everything needed except oh wait we see here a criminal record for a serious offense! But don't worry all you need to do is submit the records for it here is the slip for that and once you send it to us we can wrap this up have a nice day.  We left feeling like it was all ok. It wasn't until later when I looked into exactly what this record was that I had no idea about did I see that regardless of what records were later sent there was no way it would be approved and understood the Officer was being polite and minimizing the issue to avoid a scene. 

Actually I recall it pretty clearly. The officer definitely told me it won’t affect any further visa applications at all. I thought it’s maybe due to the fact that I was on ESTA and that’s not a visa. 

[Crazy Cat 41,836]

17 minutes ago, Michael98 said:

Actually I recall it pretty clearly. The officer definitely told me it won’t affect any further visa applications at all. I thought it’s maybe due to the fact that I was on ESTA and that’s not a visa. 

As I said, CBP does not issue visas..... The consulate, which is The Department of State issues ALL visas.....What the CBP officer said is, in no way whatsoever, binding or relevant.

Maybe you are ignoring me.... and that is fine.

Edited May 20, 2022 by Crazy Cat

[aaron2020 11,651]

1 hour ago, Michael98 said:

Thank you my guy for some motivation 😅

It’s not ulterior. Obviously it made the decision much easier. But what is wrong with thinking like that? I don’t see anything 

What is wrong with thinking like that?  

The world is not new.  Whatever you think is new because you thought of it is really things that us old folks have already tried.  You ain't the first couple to want to live together and play house.  You will not be the last.  We get people like you practically every day.  I've played house, so no judgement.  

The world is run by old people.  They made the rules.  I'm old and I have to deal with laws established by people that are long dead.  Zoomers haven't defeated the Boomers.  (GenX asked to be left alone with our latchkeys.).   

There is nothing wrong with your way of thinking.  Unfortunately, the laws is set to keep Romeo and Juliet apart.  Old people are mean.  Boo.   We don't understand that the world is different and old people don't understand you young folks and the world you live in.  

We're advising you to be realistic.  

Edited May 20, 2022 by aaron2020

[Mixel96 8]

5 minutes ago, aaron2020 said:

You do want to come to live with your girlfriend.  It can be an F1 or any other options.  You have repeatedly mention living with your girlfriend.  Paraphrasing your words.  

After a while of living together, plans change. You are more likely to stay and adjust status because that is what lots of other couples before you have done.  Nothing is new.

You can keep saying that you do not want the F1 to live with your girlfriend, and the old guys and one young 40-year old lady are not buying it.  Sorry.

I get it that you „old guys“ have a lot of experience. And I appreciate that you even take time out of your day to reply to my issues. 
 

of course I come over as utterly desperate but I had well thought and organized plans. I already considered an internship in the US and a potential masters degree last year before I even came to the US. Sometimes there are factors that move you more in a certain direction than others, and having a girlfriend over there definitely influenced my choice of university. But I’m not studying there to live with her. I had several career counseling meetings in Germany and in the US and got a clear goal of what I want to do for a living. I want to work at Daimler Mercedes Benz and even the colleagues I know there from my internship told me, an MBA is great idea for me. So honestly, it is not that clear to me why I would not be eligible for a student visa just for one statement that was taken out of context. That’s how you learn about the entry regulations to the US. It’s not hard to enter Germany I can assure you that

[Crazy Cat 41,836]

7 minutes ago, Michael98 said:

it is not that clear to me why I would not be eligible for a student visa

1.  By US law, ANY person applying for a non-immigrant visa is assumed to have immigrant intent.  It is your responsibility to overcome that assumption.

2.  You have a girlfriend in the US.  That is a strong tie to the US.

3.  You signed a statement indicating you wanted to work illegally in the US.

BY LAW, a Consulate Officer cannot issue a visa to a non-immigrant who has immigrant intent.

[aaron2020 11,651]

12 minutes ago, Michael98 said:

I get it that you „old guys“ have a lot of experience. And I appreciate that you even take time out of your day to reply to my issues. 
 

of course I come over as utterly desperate but I had well thought and organized plans. I already considered an internship in the US and a potential masters degree last year before I even came to the US. Sometimes there are factors that move you more in a certain direction than others, and having a girlfriend over there definitely influenced my choice of university. But I’m not studying there to live with her. I had several career counseling meetings in Germany and in the US and got a clear goal of what I want to do for a living. I want to work at Daimler Mercedes Benz and even the colleagues I know there from my internship told me, an MBA is great idea for me. So honestly, it is not that clear to me why I would not be eligible for a student visa just for one statement that was taken out of context. That’s how you learn about the entry regulations to the US. It’s not hard to enter Germany I can assure you that

Sorry that it's not clear to you why you are not eligible for a student visa.  It's clear to us and we have tried to explain it to you.

Your interpretation that your comment was taken out of context.  You don't seem to understand that your comment mattered.  And it wasn't just one statement.  You signed a legal document. Did you forget that?

Germany is incredibly hard to enter.  I can assure you of that.  I have a niece that had to learn German in order to immigrate there to live with her German husband.  The US does not require anyone to know English in order to immigrate to the US through a family member.  Life experience. 

Don't presume that you know your country's immigration laws.  Most Americans don't know US immigration laws. 

We've seen people like you who think that the only way to learn something is to be denied a visa to the US.  You've could have done some research beforehand and learned from others who went before you - old people.  

Good luck.  Do what you think is best for you.  

Are you an engineer?  You sound like one.  

Edited May 20, 2022 by aaron2020

[Rocio0010 5,579]

5 minutes ago, Michael98 said:

I had well thought and organized plans

Learn your lesson: don't count on those plans until you have your visa stamped in your passport. Until then, absolutely everything is in the air. There are countless of people that had been verbally approved, only to find out that they were denied. 

 

8 minutes ago, Michael98 said:

an MBA is great idea for me.

You can do an MBA in Germany. If I had the choice, I would not hesitate.

[Crazy Cat 41,836]

9 minutes ago, Michael98 said:

So honestly, it is not that clear to me why I would not be eligible for a student visa just for one statement that was taken out of context.

You are extremely lucky that you were not expeditiously removed.  That would have been an automatic 5 year ban......for ANY kind of visa in the future.   

Edited May 20, 2022 by Crazy Cat

[Villanelle 4,122]

Just now, Michael98 said:

Actually I recall it pretty clearly. The officer definitely told me it won’t affect any further visa applications at all. I thought it’s maybe due to the fact that I was on ESTA and that’s not a visa. 

Again it won't "affect" in the sense it won't 100% prevent or bar you from receiving a future visa. 

 

Yes, it was misleading and you are not the first to complain about such and surely won't be the last. CBP often takes advantage of the fact that you are tired and being detained and under stress to pressure you into signing things. 

 

I assume you have a copy of the statement since you posted what appears to be snippets from it earlier.  Since you seem to be determined to apply again I imagine your best chance would be to speak with an attorney.  Have them review your statement and prepare a rebuttal of sorts outlining what was taken out of context and attempt to clarify it.

 

Most likely it will be denied again but you never know.  I get the feeling you want to try again and won't be satisfied until you do so go ahead and try again. Perhaps once it's denied a second time you will accept it and start exploring other options as others have been suggesting.