Does the beneficiary’s UK visa status affect his US visa approval? London Embassy

[Dreamer25 13]

When I filed I-130 for my spouse, he had student visa. He has been in UK for about 3 years on student visa. Now after 1.5 years, it’s expiring by the mid Feb. However, we are still waiting to get a welcome letter from NVC. It seems like he might be getting the interview by March or April (the earliest). He is planning to apply for FLR to get some time. Would they refuse his visa if they see that his FLR is in process but his student visa has expired?

Any help/ advice would be truly appreciated!

Edited Thursday at 04:30 AM by Dreamer25

[smilingstone 216]

He shouldn't overstay on an expired student visa to wait for the interview, but has a right to stay as ling as the FLR application is submitted before the visa expiry. If its in process when the interview is scheduled, I don't see how that in itself would negatively affect things but I can imagine queries regarding intent to stay in the UK and intent to move to the US. 

[Dreamer25 13]

12 hours ago, smilingstone said:

He shouldn't overstay on an expired student visa to wait for the interview, but has a right to stay as ling as the FLR application is submitted before the visa expiry. If its in process when the interview is scheduled, I don't see how that in itself would negatively affect things but I can imagine queries regarding intent to stay in the UK and intent to move to the US. 

 
Ohh Okay… So it would look suspicious if he is staying on his FLR? He does intend to move to the US as I applied for him in 2023. During interview, if they ask him what his plans were after FLR runs out and in case he wouldn’t get US visa, can he say that he would just go back to his home country?

[smilingstone 216]

11 hours ago, Dreamer25 said:

 
Ohh Okay… So it would look suspicious if he is staying on his FLR? He does intend to move to the US as I applied for him in 2023. During interview, if they ask him what his plans were after FLR runs out and in case he wouldn’t get US visa, can he say that he would just go back to his home country?

 

My point is that FLR is for people wanting to remain in the UK, but that isn't the case for your partner. You can always request a transfer to your partner's home embassy. 

 

I won't comment on what should or shouldn't be said. If needed, he should tell the truth about the situation.