Jwo

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

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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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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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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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