F-1 Visa to community college but already have master's

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famiport

Registered Users (C)
Hi All

I hope someone can answer my questions. My situation is that I have already finished bachelors and Masters degree in my home country but in a non-technical major that is almost impossible to get a good job with good pay. I want to go to USA and get an Associates in Computer Science as those guys are the ones who make the most money in my country. I have been searching the forums about F-1 Denials and so far I know these reasons *may* apply in my situation but I hope someone can clarify or refute these reasons:

1. applying to community college after completing masters degree.
my questions is: what if the intended field of study is completely different from bachelor/masters? And I simply want to "re-start" with a different career path and community colleges are cheap and easier than a full-blown prestigious university.

2. financial support
my question: its not enough to show the required amount in the I-20? Is it better to show 2x or 3x more money than required? Or show you have the funds for the ENTIRE course of study (not just 1st year)

3. previous travels/visa to USA
my question: i had done a study-abroad in the USA before, and the 2 year physical requirement is slammed on me, if I apply for F-1 before the 2 years are up, is the VO/IO/CO going to deny F-1 due to the 2 year requirement? (even though the requirement is only for immigrant visas)

4. do past denials affect future applications for F-1 visas?

5. Does the VO/IO/CO even give you an opportunity to explain your situation? Reading past threads, they deny you after some questions without really knowing your exact case.

What would be best is if someone who went through a similar situation and post their results. I found several threads of people in similar situation but no results/resolutions were given. If there are other possible reasons for F-1 denials please post them also!

Please help!!
 
thanks for the reply, but shouldnt i worry about that AFTER i get the visa? seems all hope is lost if the F-1 is denied.

are you suggesting that I apply as a normal undergraduate to some university and use classes I have taken to allow me to get the degree faster? and this would look better on the F-1 visa application?
 
I have been in your situation, going from a Bachelor back to an Associate in an unrelated field. The difference is that I did not leave the US because I got my Bachelor in the US, so I did not need a new Visa.

Getting credits for classes are relevant at the community college, but not to obtain the F1 Visa. Please note that it is my opinion only and not any legal advice. If you need any legal help, you should seek guidance from an attorney.

famiport said:
Hi All


1. applying to community college after completing masters degree.
my questions is: what if the intended field of study is completely different from bachelor/masters? And I simply want to "re-start" with a different career path and community colleges are cheap and easier than a full-blown prestigious university.
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As long as the community college admits you and it is an authorized DSO, you can get your F1 unless there are other rules like the 2 years physical presence you mentioned prevent you from doing so.

famiport said:
2. financial support
my question: its not enough to show the required amount in the I-20? Is it better to show 2x or 3x more money than required? Or show you have the funds for the ENTIRE course of study (not just 1st year)
Click to expand...

If your source of funding is from a sponsor, you only need to show that they have a steady stream of income and the money for 1 year of studies. If, on the other hand, you are using your own savings to prove financial support, you need to have enough money to cover the entire program of studies. The reason is that you cannot work in the US, so your savings will only decrease and not be replenished while you are studying in the US.

famiport said:
3. previous travels/visa to USA
my question: i had done a study-abroad in the USA before, and the 2 year physical requirement is slammed on me, if I apply for F-1 before the 2 years are up, is the VO/IO/CO going to deny F-1 due to the 2 year requirement? (even though the requirement is only for immigrant visas)
Click to expand...

We need to know what types of visas you had before. There are specific rules on J1, and you have to wait it out, or get a waiver, but without more info, it's hard to answer your question.

famiport said:
4. do past denials affect future applications for F-1 visas?
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Yes and no. Go read the post on F1 denials. You will find that it depends a lot on the officer and how much they look to the past denials. So can that be a factor for a denial? Sure can. Will you absolutely be denied a visa because of the past denials? No. So it is only a factor among other things.

famiport said:
5. Does the VO/IO/CO even give you an opportunity to explain your situation? Reading past threads, they deny you after some questions without really knowing your exact case.
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If s/he asks you, you have to explain your situation. While volunteering information may help, I fear that it might do more harm than good because you might say something that put doubts in their minds. You can't take something back after you say it.

It's a judgment call whether you want to speak up. But it's very hard to convince the IO to change his mind to deny you a visa and you certainly don't want to argue with him/her. On the other hand, if s/he has decided to grant you a visa, but you say something to cause them doubt, they might deny you.

Remember one thing, the PRESUMPTION is that everybody HAS the intent to remain in the USA and be an immigrant. So any doubt in the IO's mind will go towards a denial, not the other way around.
 
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thanks for your reply!!

this is the 2-year physical requirement that is imposed on me without any real reason,
When you agree to participate in an Exchange Visitor Program and your program falls under the conditions explained below, you will be subject to the two-year home-country physical presence (foreign residence) requirement. This means you will be required to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act, as amended.
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If the exchange visitor is subject to the two-year home-country physical presence (foreign residence) requirement, to INA 212(e) requirement, he or she cannot change his/her status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement
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although, i think the only way to know is to try it, theres no possible way to predict whats going to happen...maybe thats why the SEVIS fee is raised to 200 dollars, so to make more money per application.
 
"Exchange Visitor Program"

Based on that, I think you were on a J1. You can apply for a waiver of the 2 year out of country requirement, and you must do it before you go for the F1 interview, or you will definitely be denied. There is no discretion there. Search J1 waiver in the forum and you should be able to see other people's experience. Good luck.
 
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