F-1: Proving nonimmigrant intent when married to US Citizen

[werdnum 0]

Hey folks,

My fiancée and I were thinking of moving to New York for a little while while she studies law. Obviously we would ideally just get her a green card, but time is of the essence if she is to continue her studies and have funding from the Finnish government.

I realise that for an F-1 you have to show non-immigrant intent – but apparently the US consulate will accept that students and young people typically don't have their life plan all worked out, and that provided your present intention is to leave the US when your program is finished, they will accept it and take 'foreign residence' a bit more metaphorically.

In practice, though, I'm concerned that the consulate will see that she's married to a USC and that will be that. Does anybody have any experience proving non-immigrant intent in these circumstances?

Edited June 1, 2015 by werdnum

[canadian_wife 1,791]

I had a boyfriend when I applied for my student visa. It was under more scrutiny because having a USC boyfriend shows ties to the US, not to Canada. So I can imagine that a USC husband will be equally difficult

good luck

[Anh map 2,098]

So your Fiancee is married to a USC? Kind of a sticky situation isn't it?

She should apply for the F1 (if that's the best choice) and then head to the US. No need to mention a fiance. A USC spouse, that will add something to the mix. If she falls in love with someone while studying, that happens. Cupid's arrows are random.

[mvkik 1]

If she gets funding from Finnish government, she is likely to apply for a J1 with two year residence requirement. That will suck big time.

[Unidentified 2,930]

If she gets funding from Finnish government, she is likely to apply for a J1 with two year residence requirement. That will suck big time.

You're getting the visa's mixed up. She is applying for a F1 visa not a J1 visa. The "funding" he is talking about is most likely money for her to go to school. If it's the same in Finland as it is in Sweden she can apply for money to use for studying that she doesn't have to pay back. It's not a scholarship or anything it's just what we have the right to get even if we study abroad though they have stricter rules about the funding for studying abroad.

[werdnum 0]

You're getting the visa's mixed up. She is applying for a F1 visa not a J1 visa. The "funding" he is talking about is most likely money for her to go to school. If it's the same in Finland as it is in Sweden she can apply for money to use for studying that she doesn't have to pay back. It's not a scholarship or anything it's just what we have the right to get even if we study abroad though they have stricter rules about the funding for studying abroad.

Well, most of it she does have to pay back, but it's general "studying money" – she also had it in the Netherlands. You're right that it's not part of a J-1 program.

[Unidentified 2,930]

Hey folks,

My fiancée and I were thinking of moving to New York for a little while while she studies law. Obviously we would ideally just get her a green card, but time is of the essence if she is to continue her studies and have funding from the Finnish government.

I realise that for an F-1 you have to show non-immigrant intent – but apparently the US consulate will accept that students and young people typically don't have their life plan all worked out, and that provided your present intention is to leave the US when your program is finished, they will accept it and take 'foreign residence' a bit more metaphorically.

In practice, though, I'm concerned that the consulate will see that she's married to a USC and that will be that. Does anybody have any experience proving non-immigrant intent in these circumstances?

Can you clear up whether or not she is your fiance as you state in the first sentence or your wife?

I wasn't engaged at the time I applied for an F1 but I was honest with them and told them I was going to live with my American boyfriend. They only asked if I planned to marry him and was told that if I wanted to come and live in America I needed an immigrant visa... I didn't really prove I was going back home apart from participating in a program that was only going to be for a year though I got a visa that was valid for 4 years.

I don't know how marrying a US citizen is going to effect her right for funding from Finland though, you might want to look into how that works. If she gets a Green Card I am pretty sure she won't get any money from Finland so just be aware of that before making any decisions.

If you are married I think it would be really hard to prove non-immigrant intent.

[werdnum 0]

Can you clear up whether or not she is your fiance as you state in the first sentence or your wife?

I wasn't engaged at the time I applied for an F1 but I was honest with them and told them I was going to live with my American boyfriend. They only asked if I planned to marry him and was told that if I wanted to come and live in America I needed an immigrant visa... I didn't really prove I was going back home apart from participating in a program that was only going to be for a year though I got a visa that was valid for 4 years.

I don't know how marrying a US citizen is going to effect her right for funding from Finland though, you might want to look into how that works. If she gets a Green Card I am pretty sure she won't get any money from Finland so just be aware of that before making any decisions.

If you are married I think it would be really hard to prove non-immigrant intent.

We're getting married in 3 weeks, so she's currently my fiancée, but since she hasn't even applied to any colleges, she would be my wife by the time of an interview.

If she gets a green card, then at least she would be able to get US federal student loans. So that's not the end of the world – provided she applied correctly.

The problem is basically that we don't know where we're going to go – it seems pretty clear that spending some time in the US makes the most sense for us right now, but it isn't at all clear that we'd want to "immigrate" there (I have not lived there since I was 2). I think that's a fairly clear case of "no current immigrant intent", but then again, I don't know if they'd see it that way – especially given that I'll be taking a job there.