Can my fiance enter the US while her fiance visa is pending?

[piggyback 4]

3 hours ago, TBoneTX said:

It might (might) help if your fiancee visits some other country, even briefly, and returns home before she attempts to visit you.

thank you, she is already in UK right now for work and she has dual citizenship but what you suggest makes sense! i hope her visas help. thanks.

1 minute ago, meladee said:

The legal definition of an F-1 visa holder:

By the definition, your fiance would not be eligible because they intend to abandon their residence in the foreign country.

hi, you mean her existing f1 visa may be invalid? i will ask her to research, thanks if that's what you mean.

[Boiler 45,467]

Dual with where?

[piggyback 4]

1 minute ago, Boiler said:

Dual with where?

she has bulgarian(parents) and armenia(born) passports

i am also bulgarian dual citizen

[meladee 160]

1 minute ago, piggyback said:

hi, you mean her existing f1 visa may be invalid? i will ask her to research, thanks if that's what you mean.

Correct, if she doesn't at the time of entry meet the requirements of the F-1 visa, she would be inadmissable and wouldn't be able to return for 5 years. Source:

Quote

(G) Student visa abusers

An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) 2 of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

 

[piggyback 4]

7 minutes ago, meladee said:

Correct, if she doesn't at the time of entry meet the requirements of the F-1 visa, she would be inadmissable and wouldn't be able to return for 5 years. Source:

 

thank you for reference, i read it and please let me correct if i misunderstood it:

it says "An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) 2 of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation."

 

my fiance returned back to her home without breaking any rules, does this mean she "violated a term or condition of such status" ?

if this is the case, any tourist or student who returns early has violated the terms? for example, a student who is in masters degree for 2 years, returns after 1 year so she violated the visa?

 

note: my fiance originally had visa and i20 for 1 year but she returned before the date on I20. her visa is still valid and we were originally told she can enter with valid visa AND valid I20 from new school.

 

any help is appriciated and sorry if i misunderstood.

[meladee 160]

6 minutes ago, piggyback said:

my fiance returned back to her home without breaking any rules, does this mean she "violated a term or condition of such status" ?

 

if this is the case, any tourist or student who returns early has violated the terms? for example, a student who is in masters degree for 2 years, returns after 1 year so she violated the visa?

The term she would violate that makes her inadmissable is the previously mentioned requirement: an alien having a residence in a foreign country which he has no intention of abandoning,

[Boiler 45,467]

38 minutes ago, piggyback said:

she has bulgarian(parents) and armenia(born) passports

i am also bulgarian dual citizen

I do not think either of those are helpful

[piggyback 4]

1 minute ago, Boiler said:

I do not think either of those are helpful

i understand but thanks anyway

[Redro 4,611]

38 minutes ago, piggyback said:

thank you for reference, i read it and please let me correct if i misunderstood it:

it says "An alien who obtains the status of a nonimmigrant under section 1101(a)(15)(F)(i) of this title and who violates a term or condition of such status under section 1184(l) 2 of this title is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation."

 

my fiance returned back to her home without breaking any rules, does this mean she "violated a term or condition of such status" ?

if this is the case, any tourist or student who returns early has violated the terms? for example, a student who is in masters degree for 2 years, returns after 1 year so she violated the visa?

 

note: my fiance originally had visa and i20 for 1 year but she returned before the date on I20. her visa is still valid and we were originally told she can enter with valid visa AND valid I20 from new school.

 

any help is appriciated and sorry if i misunderstood.

We are not talking about her first entry. 
We are talking about the upcoming entry. 
At POE, CBP might decide she is using her F1 visa not to study but her primary purpose for coming to the US is to be with you, marry you and adjust. 

A 3 month English class with you as her sponsor might raise red flags. 
Especially because her reasoning behind studying English is she intends on moving to the US (this conflicts with the rules of the F1 visa). 
 

I will add- F1 students IN SCHOOL married to US citizens are sometimes discouraged from leaving the US because each entry is at the discretion of CBP. 
 

I wish you and your partner luck but if she doesn’t have a job to return to after the course and the officer doesn’t believe her reasons she might not be allowed to enter the US. 

Edited May 15, 2023 by Redro

[piggyback 4]

28 minutes ago, Redro said:

We are not talking about her first entry. 
We are talking about the upcoming entry. 
At POE, CBP might decide she is using her F1 visa not to study but her primary purpose for coming to the US is to be with you, marry you and adjust. 

A 3 month English class with you as her sponsor might raise red flags. 
Especially because her reasoning behind studying English is she intends on moving to the US (this conflicts with the rules of the F1 visa). 
 

I will add- F1 students IN SCHOOL married to US citizens are sometimes discouraged from leaving the US because each entry is at the discretion of CBP. 
 

I wish you and your partner luck but if she doesn’t have a job to return to after the course and the officer doesn’t believe her reasons she might not be allowed to enter the US. 

thank you for wishes and reply!!

[TBoneTX 45,266]

Brother, your intentions may be honorable, but the only thing mattering is what CBP perceives.  That's it.  That's all.  Everyone here is trying to keep you two safe.

[Crazy Cat 41,836]

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