getting refused because of previous student visa?

[astrid and alex 0]

Hello,

To tell you about my current situation, I am going to school in the US and live with my boyfriend (who is American). I got my F-1 visa in November last year and moved to Los Angeles in the December. We have been together for 2 1/2 years, but we did not wish for me to come to the US on the K-1 visa initially because we are too young to get married (20 and 21). I will graduate with my Associates in Spring 2009 and plan to head back to Australia ASAP to get my K-1 visa started. So we are killing two birds with one stone - I am getting my education while without us having to be on opposite sides of the world.

However, I have been told/heard that the consulate would be unwilling to approve me for a K-1 because I would have just come back home from a student visa, and they want to discourage people coming to the country solely to find a husband/wife. Is this correct? I mean, I have a excellent track record with travel to the US. I have been on holiday to the US visiting my boyfriend and left the country before my time was up, and now on my Student Visa I have followed every rule and will leave the country as soon as I graduate. We are not even engaged yet, but plan on doing so before I go back home. Do you think we have a good chance??

And one more question. What document would you use to prove that you are both free and legally able to marry? This is the only thing I have no idea how to prove!

Thank you for your help....I have been lurking here for a while and it makes me feel confident that Alex and I can do this!

[Dakine 26]

Hello,

To tell you about my current situation, I am going to school in the US and live with my boyfriend (who is American). I got my F-1 visa in November last year and moved to Los Angeles in the December. We have been together for 2 1/2 years, but we did not wish for me to come to the US on the K-1 visa initially because we are too young to get married (20 and 21). I will graduate with my Associates in Spring 2009 and plan to head back to Australia ASAP to get my K-1 visa started. So we are killing two birds with one stone - I am getting my education while without us having to be on opposite sides of the world.

However, I have been told/heard that the consulate would be unwilling to approve me for a K-1 because I would have just come back home from a student visa, and they want to discourage people coming to the country solely to find a husband/wife. Is this correct? I mean, I have a excellent track record with travel to the US. I have been on holiday to the US visiting my boyfriend and left the country before my time was up, and now on my Student Visa I have followed every rule and will leave the country as soon as I graduate. We are not even engaged yet, but plan on doing so before I go back home. Do you think we have a good chance??

And one more question. What document would you use to prove that you are both free and legally able to marry? This is the only thing I have no idea how to prove!

Thank you for your help....I have been lurking here for a while and it makes me feel confident that Alex and I can do this!

Doesn't sound like you came to the US intenting to marry.

You "may" be able to marry and adjust status right now as long as you don't leave the US.

Worth checking into !

[Dan J 277]

Hello,

To tell you about my current situation, I am going to school in the US and live with my boyfriend (who is American). I got my F-1 visa in November last year and moved to Los Angeles in the December. We have been together for 2 1/2 years, but we did not wish for me to come to the US on the K-1 visa initially because we are too young to get married (20 and 21). I will graduate with my Associates in Spring 2009 and plan to head back to Australia ASAP to get my K-1 visa started. So we are killing two birds with one stone - I am getting my education while without us having to be on opposite sides of the world.

However, I have been told/heard that the consulate would be unwilling to approve me for a K-1 because I would have just come back home from a student visa, and they want to discourage people coming to the country solely to find a husband/wife. Is this correct? I mean, I have a excellent track record with travel to the US. I have been on holiday to the US visiting my boyfriend and left the country before my time was up, and now on my Student Visa I have followed every rule and will leave the country as soon as I graduate. We are not even engaged yet, but plan on doing so before I go back home. Do you think we have a good chance??

And one more question. What document would you use to prove that you are both free and legally able to marry? This is the only thing I have no idea how to prove!

Thank you for your help....I have been lurking here for a while and it makes me feel confident that Alex and I can do this!

J-1 has a home residency requirement, but thats not something you have to worry about. You should be fine with a K-1 visa once you are ready to apply for it.

If you have never been married previously, then you don't really need to show that you are free and legally able to marry. Otherwise you would include copies of divorce decrees.

[reeses16 8]

If you've followed all of the rules, I don't see why you should have a problem. People from Australia could probably give you better advice about this.

There is no official document to prove that you are both free and legally able to marry. Both you and your fiancee need to write a letter which states that you are "free and legally able to marry and will do so within 90 days of entering the US on a K-1 visa" You can read more about it on the VJ K1 visa guide.

Good luck!

[reeses16 8]

Haole's idea is a good one too. I think you could marry now before you F-1 expires, file for AOS, and do not leave the US until you have your green card (or have applied for and recieved advanced parole). I think it would be a good idea to post a new topic, something like "AOS from F-1 Visa" There are a lot of F-1 Visa holder here and that you grab their attention. I'm sure they will be your best resoures.

This thread probably answers a lot of questions http://www.visajourney.com/forums/lofivers....php/t1653.html

[astrid and alex 0]

Thank you all for your quick replies!

reeses16 - Thats what I was thinking we had to do - I guess to make it more trustworthy we would each get our letters notarized.

Dan + Gemvita - Neither of us have been married so that makes it easy for us

Haole - Yes, the thought of marrying and doing a change of status had flitted through our minds, but again, we did not want to get married so young, and I didn't want to p!ss off Immigration by marrying less than a year after entering the country. Also, a friend of mine from school married her fiance at the beginning of the year and it has been nothing but a headache for them both. So that also put me off!

[pushbrk 13,166]

Thank you all for your quick replies!

reeses16 - Thats what I was thinking we had to do - I guess to make it more trustworthy we would each get our letters notarized.

Dan + Gemvita - Neither of us have been married so that makes it easy for us

Haole - Yes, the thought of marrying and doing a change of status had flitted through our minds, but again, we did not want to get married so young, and I didn't want to p!ss off Immigration by marrying less than a year after entering the country. Also, a friend of mine from school married her fiance at the beginning of the year and it has been nothing but a headache for them both. So that also put me off!

You have every option open to you including marrying and adjusting status. Why not just make a life plan and then choose the immigration path that fits. You haven't decreased your options in any way by coming here on an F1 student visa and going to school.

[melusine 5]

i read somewhere.. don't ask me where that it needed to have a 2 yrs period between this kind of visa and the k1 process.....

still... read around or directly ask the uscis....

[~Laura and Nick~ 5]

Article about going from U.S. student to U.S. spouse Here

I read this long ago when I was researching all the different ways to go to the states.

Best of luck

~Laura

[rebeccajo 14]

i read somewhere.. don't ask me where that it needed to have a 2 yrs period between this kind of visa and the k1 process.....

still... read around or directly ask the uscis....

That is for some J visas and does not apply to student visas.