F1 visa question ; urgent

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us702

Registered Users (C)
Hello Visa Experts,
My fiancee is in India and she is applying for Student Visa.
I am concerned that maybe her Visa will be rejected as it is
a community college and some other circumstances.
I am abt to become citizen in few months and was planning to
apply for fiancee visa. My Q is in case her student visa is
rejected would it have any adverse impact when she applies
for her fiancee visa.

Experts, please help, I really need this answer real soon.
thanks,
Sanjay.
 
Form DS 156 asks if the applicant's relatives (including fiance/finacee) are in the US, and what their status are. If your fiancee answers truthfully, then it is likely that her F1 visa would be denied based on immigrant intent. Her F1 denial might not affect the later K visa, as it is in a different category. But note that in that case, the consulate might check to see if she had answered truthfully in the earlier F1 visa application, that is whether she had mentioned about having a fiance in the US. You could always state that you two knew about each other only after her F1 visa application etc, but it complicates the issue. Why not wait until you get citizenship?
 
Thanks..

Thanks Raj,
Its good to know that previous failed attempts at other Visa's will not impact her K visa. I will definitely take your advise and tell her not to hide anything on student Visa application. After that we will leave upto Visa gods to determine if she gets her Visa.

We were looking at this option because statistically, I may get citizenship in next 3-6 months, but we never know how long INS will take in my particular case!!

I have few other Q,
Does the kind of school (community college/private school) she applies for change the probability of her getting student Visa?
Does it matter for Visa purposes, if she is good student(she is not) as long as school gives her admission?
Does it matter how she shows the fund, she has taken loan in India to cover for all her expenses?
I have been told that it is not a good idea that I provide funds, is it true?
How does she show that she intends to return back to country?
She is 21, has no job or property in her name.

All advise will be greatly appreciated.
thanks so much again,
Sanjay.
 
In her case, it would be quite difficult to show that she intends to return (for the F1 case), as she would be indicating that she has a fiance in the US. My guess is that they might deny her an F1 based on this. Perhaps it depends on how you portray your relationship. Perhaps you could think of your relationship as a significant-other type, and not fiance-fiancee type one, in which case she wouldnt have to mention about you in the F1 application. That way she would have a much betterr chance of getting the F1. But if you are at a later stage going to claim the finace-fiancee relationship (for a K1, which you may not need if she gets the F1?), then they might ask how long you have known each other, how you met etc. That might be important even to show that your subsequent marriage was legitimate (if you intend to marry soon). Denial of F1 due to immigrant intent might be better than denial (of K1) due to concealing facts. So the proper course of action would depend on many things, especially timing of her application(s), how you think of the relationship, time of subsequent marriage etc.

One course of action could be: portray your relationship not as a fiance-type one, apply for an F1. If she gets it, then she comes to the US, and you take it from there, noting that you cannot suddenly change your relationship to the finace-type. If her F1 is rejected, wait for a few months and try for the K1 properly, at which time you have to provide reasons that your relationship became stronger since the time of last denial etc...

Regarding type of school, how good a student, it might help to be in a good school and be a good student, as that might be helpful in convincing that she intended to study, and not coming to just immigrate eventually. A return ticket, strong family ties, parents and siblings in India, possible job prospects etc., how her educatiuon might help her career prospects in India etc. all might help in getting F1 visa.

Also search more on the requirement for K1 (see the other forums),as I think K1 is for people intending to get married within a certain time of coming to US.

Not legal advice, but good luck.
 
Raj,
I am learning a lot from your answers.
You might not be a lawyer, but your advise seems pretty good.
Your advise that denial of F1 due to immigrant intent is much better than denial of k1 because of concealing facts makes logical sense.

It seems to me from your emails that for INS purposes,
engagement can be done even when you are not co-located.
It seems more like a mutual agreement to get married is what
they are looking for, rather than an event that happens in our society. If this is the case then what you said about declaring that we got egaged only after she has applied for student Visa makes perfect sense. I will follow that advise.
Actually we do intend to get married as soon as it becomes physically possible and she is here.

Thanks for giving the details on how she can show her intent to return back. Also does it matter how she shows the fund, she has taken loan in India to cover for all her expenses? I have been told that it is not a good idea that I provide funds, is it true?

thanks once again for all the advise.
Sanjay.
 
See http://www.ins.gov/graphics/formsfee/forms/files/I-129F.pdf and http://www.ins.gov/graphics/formsfee/forms/i-129f.htm for more information on bringing fiance/fiancee to the US. Generally the requirement is that the two of you should have met at some point of time within the past two years.

Your providing funds would make it more difficult for her to get the F1 visa. Also, please, do not act purely based on my postings. Do your home work by collecting relevant information from many sources and make a decision (or consult a competent attorney). Best of luck.
 
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