She's starting to worry...

[thejoz 0]

Okay, so now, my fiancee has started stressing out about whether or not we might be denied...here's what happened.

A while back, she had thought about going to college here. We had researched the F1 Student visa, and we had initially thought about getting married after she had been here a few years, while she was on that Visa, and just adjusting her status then.

She was in fact 'accepted' at the university, but she never paid them any money beyond the application fee, she never set foot on US soil to go to class, never registered for a class, never applied for the F1 Visa, never got any student loans, never had anything like that. She was never technically a student because she never took a class, never set foot in the building, anything.

Once we did more research, we found out it is impossible to legally come here on an F1 and then marry and adjust status. Not only that, but at $20,000+ a year for school, we didn't want that kind of debt hanging over us.

She is now worried that that may cause trouble at the consulate and we might actually be denied because it could raise red flags, IE; they think we're trying to get her in the country simply to attend school.

She doesn't even want to go to school right now, and we were only going to use school as a reason to get married later anyway...before finding out about this option as it was.

What is the chance that this would actually come up and/or prevent her from getting the K1?

We're planning to not bring it up at the interview at all (assuming she even gets that far, we don't have NOA2 yet at this point) but if it did come up just be honest.

Would this really send any red flag to the London consulate or worse the US Government here and cause them to deny her? Given that she never followed up on anything and actually had her name removed from the school's records (she told them she was no longer wanting to attend and they took her out of their system) it shouldn't matter, right? Right?

Please help me ease her mind (and mine but mainly hers).

[gwenneh 7]

Intention to attend or not attend school as an immigrant is not relevant to a K-1 visa. There is no reason for it to cause a problem; K-1 holders are perfectly welcome to attend school if they so choose.

[~Laura and Nick~ 5]

Where did you read that it is not allowed?

I did a lot of research as well...it is possible if you entered on a student visa, met an American, married and then adjusted status..it is possible, people have done it.

I wouldn't worry at all.

[Minya's wife 24]

Okay, so now, my fiancee has started stressing out about whether or not we might be denied...here's what happened.

A while back, she had thought about going to college here. We had researched the F1 Student visa, and we had initially thought about getting married after she had been here a few years, while she was on that Visa, and just adjusting her status then.

She was in fact 'accepted' at the university, but she never paid them any money beyond the application fee, she never set foot on US soil to go to class, never registered for a class, never applied for the F1 Visa, never got any student loans, never had anything like that. She was never technically a student because she never took a class, never set foot in the building, anything.

Once we did more research, we found out it is impossible to legally come here on an F1 and then marry and adjust status. Not only that, but at $20,000+ a year for school, we didn't want that kind of debt hanging over us.

She is now worried that that may cause trouble at the consulate and we might actually be denied because it could raise red flags, IE; they think we're trying to get her in the country simply to attend school.

She doesn't even want to go to school right now, and we were only going to use school as a reason to get married later anyway...before finding out about this option as it was.

What is the chance that this would actually come up and/or prevent her from getting the K1?

We're planning to not bring it up at the interview at all (assuming she even gets that far, we don't have NOA2 yet at this point) but if it did come up just be honest.

Would this really send any red flag to the London consulate or worse the US Government here and cause them to deny her? Given that she never followed up on anything and actually had her name removed from the school's records (she told them she was no longer wanting to attend and they took her out of their system) it shouldn't matter, right? Right?

Please help me ease her mind (and mine but mainly hers).

If she never applied for student visa, why would this be brought up at the consulate, or be a red flag, or cause a denial? The only way she would have to explain anything, would be if she had applied for an F-1 and had been granted or denied said visa. Otherwise they have no way of knowing she applied for admission.

But....as with anything related to getting a visa, never lie. It can come back and bite you in the a$.

-P

Edited November 16, 2007 by Paula&Minya

[rebeccajo 14]

Even if she had been accepted at the school (which she was), filed for a visa to attend the school (which she did not), attended an interview and been granted a visa to come to the US as a student (which she also didn't do) and then never used the visa (also didn't happen) it wouldn't be an issue.

During a lifetime foreign citizens can be granted multiple visas for entry to the US. My husband had a prior J1 visa. All we did was report the information on my petition for him, and it was never an issue after that.

Tell her to relax. She's got the normal visa nightmare thing going on. We all get it and it's usually just as unfounded.

[mox 298]

What others have said.

When in doubt, try to look at your case from the other side. The only possible connection she has with anything close to the immigration system is her accepted application to a U.S. university. Universities don't share acceptance letters with the USCIS (NSA super-sekret stuff excepted I suppose), so there's absolutely no way for it to come up in their system. But even if it did come up in their system, she never filed and never entered the country.

Sounds like a case of nerves. Tell her to relax, take a deep breath, and that she has nothing to worry about until the brain probe. But...I've said too much...

Best of luck to you both!

[gwenneh 7]

Even if it were to come up in the system, USCIS doesn't care whether or not she wants to go to school while she's here. It's only the other way around - if she wants to get married while on a student visa - that you would have to prove that wasn't the initial intent when she got the visa.

[thejoz 0]

Well she was basically like 'omg omg what if they deny us i don't know what i'd do if i can't be with you ####### omg ' and yeah.

I told her not to worry cause it's not like she ever did anything with it. She didn't want the consulate to think she was trying to skirt the tuition laws or something, but yeah.

I told her our case was very straightforward and it should be approved when it's time, but yeah.

She likes to worry about a lot of things, haha.

[~Laura and Nick~ 5]

Well she was basically like 'omg omg what if they deny us i don't know what i'd do if i can't be with you ####### omg ' and yeah.

I told her not to worry cause it's not like she ever did anything with it. She didn't want the consulate to think she was trying to skirt the tuition laws or something, but yeah.

I told her our case was very straightforward and it should be approved when it's time, but yeah.

She likes to worry about a lot of things, haha.

That's normal at times...she'll be okay...just be strong for her and comfort her