Jump to content
Mixel96

Denial in first F1 Interview

 Share

154 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Brazil
Timeline
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 by carmel34
Link to comment
Share on other sites

Filed: Citizen (apr) Country: India
Timeline
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.

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

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 by aaron2020
Link to comment
Share on other sites

Filed: Timeline
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. 

Link to comment
Share on other sites

Country: Germany
Timeline
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 

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline
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.

Link to comment
Share on other sites

Country: Germany
Timeline
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. 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline
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 by aaron2020
Link to comment
Share on other sites

Country: Germany
Timeline
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 :D

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline
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 :D

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 by aaron2020
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Argentina
Timeline
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.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Timeline
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. 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...