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Jwo

K1 visa denied bc of Section 212, likelihood of getting F1 visa?

By Jwo in Student & Exchange Visitor Visas

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Jwo Newbie

Jwo   0

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Filed: IR-1/CR-1 Visa Country: China
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My fiancee was denied K1 visa 3 weeks ago because of section 212, the 2 year rule. We realized we don't really need a K1 visa because we'd just like to stay in the US for 1-2 years of graduate study and then return to China. So we were thinking about getting married in China and then applying for a F1 student visa for her in September. Would her prior K1 denial influence her being able to get a student visa? What are the odds she would be approved for the student visa? 

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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K-1 visa shows immigrant intent. Being married to a USC is not so great either as it would give the possibility of staying there.

 

I would not think she has a great chance but try is all you can do! 

 

 

 

 

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Roel Experienced

Roel   7,191

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Filed: Lift. Cond. (apr) Country: Poland
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Maybe. But the fact that she's married to the US citizen could affect her student visa. Applying for the student visa means you need to show a non-immigrant intent and also financial means to cover the studies.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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TBoneTX Grand Master

TBoneTX   43,058

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Filed: Citizen (apr) Country: Ecuador
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*** Thread is moved from the K-1 Process forum to the Student & Exchange Visitor Visas forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hq1987 Explorer

Hq1987   5

Posted
Filed: K-1 Visa Timeline
Posted
22 hours ago, Jwo said:

My fiancee was denied K1 visa 3 weeks ago because of section 212, the 2 year rule. We realized we don't really need a K1 visa because we'd just like to stay in the US for 1-2 years of graduate study and then return to China. So we were thinking about getting married in China and then applying for a F1 student visa for her in September. Would her prior K1 denial influence her being able to get a student visa? What are the odds she would be approved for the student visa? 

 

What's a 2 year rule?

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KierenHby Experienced

KierenHby   897

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Filed: IR-1/CR-1 Visa Timeline
Posted

visa shopping by any chance? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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KurosawaSan Explorer

KurosawaSan   52

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Filed: F-1 Visa Country: Japan
 Timeline
Posted
17 hours ago, Hq1987 said:

 

What's a 2 year rule?

Means the individual was previously in J-1 status in the US that has the 2 year home residency requirement attached to it, based on (1) skill list, (2) program or (3) funding source. The individual cannot apply for any immigrant visa before 2YHRR is completed or waived.

 

On 4/21/2017 at 1:18 AM, Jwo said:

My fiancee was denied K1 visa 3 weeks ago because of section 212, the 2 year rule. We realized we don't really need a K1 visa because we'd just like to stay in the US for 1-2 years of graduate study and then return to China. So we were thinking about getting married in China and then applying for a F1 student visa for her in September. Would her prior K1 denial influence her being able to get a student visa? What are the odds she would be approved for the student visa? 

Chances for an F-1 are pretty slim at this point. With K-1, she declared immigrant intent. Once she will go to the F-1 interview, she carries the burden of being with non-immigrant intent. Both a previous denial for a K-1, and a future marriage to a USC defeat the whole non-immigrant intent point, so I would say - wait out 2 years, then apply again.

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