My fiance originally came to the US at the age of 15 on a B1/B2 visa. It wasn't his intent to stay and finish high school here, but he did. He returned to Egypt 2 years later at the age of 17. I know overstays don't affect minors, because we figured this out in another topic I posted in April.

Anyway.

He doesn't think he ever filed for AOS from a B to the F.

Question 30F on the DS230 asks you if you are "An alien who failed to attend a hearing on deportation or inadmissibility within the last 5 years; who seeks or has sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; who knowingly assisted any other alien to enter or try to enter the United States in violation of law; who, after November 30, 1996, attended in student F visa status a U.S. public elementary school or who attended a U.S. public secondary school without reimbursing the school; or who is subject to a civil penalty under INA274C"

He had a guardianship here, and he thinks that person paid for his schooling.

I know we don't even have our NOA2 yet , but we're trying to stay ahead of everything as much as we can.....though if it's totally pointless and we're just going to get denied....well...

I've been quiet about this for about a week but I keep losing sleep and just want to know. Should we try for it anyway...or should we withdraw, get married somewhere, live together for some years, go for a different kind of visa (like IR/CR1) and then if we have to do waivers we might be better prepared? (I know I should know more details about his visa, but I don't. We've been trying to figure this out all week but phone/internet connections in Egypt are crap.) So..if this is as bad as I think it might be, what should we do? Give up on the K1 and try again later?

If there is a ban due to misrepresentation, it will be applied whether your are engaged or married. IMO, you would only lose time and money by starting over.

Misrep requires a 601 waiver and hardship letter proving extreme hardship to the USC if the fiance/spouse's visa is ultimately denied. I would start by consulting with a qualified lawyer like Laurel Scott or Heather Poole so you understand 100% exactly what you may be facing.

So misrepresentation definitely applies to minors?

Why would it be misrep? Immigration status does not apply to Public Schools.

Assuming ou have quoted the question exactly, answer yes, but not sure where the problem is.

Well, that's the thing. He attended a public secondary school (possibly paid), but he wasn't on an F student visa at all, it was the B tourist visa.

...if you answer yes to that particular question you're ineligible for a visa...so that's a big problem. If he paid, is it still an issue? I have a bunch of paperwork from his guardianship that stated he needed to find a guardian or else the school wouldn't let him continue attending, which he did. So I'm thinking it's the guardian (who's a USC) who paid.

My take is the issue at hand is less about who paid and more about the fact that he attended school without a student visa. That's why I would consult an attorney. For the price of the consult, about $100, you will hopefully have everything clear and you will know what your next steps are.

Still do not get it, must be millions in this siyuation and I have never heard it being a problem.

Why millions? More importantly, why don't you get it? Maybe if you tell me your reasoning I'll be thinking about it differently.

Maybe I'm not understanding what misrepresentation is?

what i see from this issue is that the person just stayed on in school, and never applied for a AOS, did his school and left, i see it as not a mis-representation, but more so an overstay,

And overstays don't affect minors .


This is so confusing.

An attorney consult would surely clarify. You might also read here:

http://travel.state.gov/visa/frvi/ineligib...lities_1364.htm

Classes of Aliens Ineligible to Receive Visasl

C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.


http://travel.state.gov/visa/temp/types/types_1269.html

Legal Requirements for F-1 Foreign Students in Public Schools

Can organizations or individuals sponsor an F-1 foreign student to attend public secondary school?

Yes. Nothing in the law prevents an organization or individual from paying the tuition costs for the student. However, the payment cannot come from public funds. The foreign student must still show that he or she has sufficient funds to cover education and living expenses while in the United States.

What about students who come here to live with U.S. citizen relatives while attending public school?

Does the student need a student visa to study at your school? If so, the student must meet the requirements of the law. Someone must pay the tuition costs to the school or school district. The child is limited to twelve months of study in secondary school (high school). The child may not study in elementary school.

Thank you for the link! He was on a B1/B2 and according to that site you sent me to "The restrictions do not apply to the following foreign students:

* foreign students in another visa status, such as J-2, L-1, M-2, or G-4.
* foreign students in F-1 status who attend private schools or private training or language programs
* foreign students in F-1 status who were attending public schools when the law came into effect (November 30, 1996)"

So that's enough for me. I'll be going to Egypt to be with my fiance again for his interview and we'll look over the paperwork and decide what to do if--worst case scenario--we get denied.

But THANK YOU for your responses! I know I've been a pain.