STUDENT VISA QUESTIONS

[Darrinos 6]

My fiance is applying for a student visa here in the US. (Yes, I know she can apply for a fiance visa...) I have a couple of questions though, that some of you might be able to answer. Her desire to be a student is legitimate and not some way around anything. But we have concerns...

 

First, she has applied for a tourist visa (2) times in the past, but it's been over a year since the last denial. Will these denials hurt her chances of getting a student visa? Also, if she is denied a visa even with an I-20 from a US university, does this also harm any future chance of getting a visa? Lastly, because she is an adult and not a student in her teens or 20's, is it then harder to come to the US as a student? She's really put a lot of work into this and I hope that she's able to come here to study. It's one of her dreams and I'd love to see it come true.

 

My attorney says that denials don't look good on her record, but most people in here say you have to keep trying, and are rarely ever successful until the 3rd or 4th attempt. She's changing her reason for coming here, and I wonder if it's better, worse, no difference.... it's all quite frustrating and confusing.

 

Thanks!

[Penguin_ie 5,984]

Multiple visa denials can harm future chances, as it may seem to the CO as if she is just desperate to come to the USA any way possible.

Her age is not an issue in itself, but she needs to convince the CO as to why she needs to study in the USA, and why now, and that she will return to her home country after her studies. So show how the studies wil help her career in her home country, and why the US colege she wants to attend is the best/ she cannot tudy what she wants at home, as well of course that she can afford it without illegally working.

[geowrian 22,335]

Past denials won't directly impact the student visa. They must be disclosed, though. However, what was the reason for the past denials? If it was for a reason that also makes her ineligible for a student visa (i.e. suspected immigrant intent), and circumstances have not changed, then it's likely to have the same result. While normally a denial for a non-immigrant visa has no impact for an immigrant visa, excessive attempts to get different types of visas can be viewed as visa shopping.

 

Well, your attorney isn't wrong. As noted above, she was denied due to one or more factors. Some of those factors are relevant with other visas.

 

Her age isn't an issue, but she needs to show why she needs to study in the US and then return home. And that she won't engage in unauthorized activities (i.e. unauthorized work) in the meantime.

[Darrinos 6]

Unauthorized work concerns will not be an issue. As part of getting the I-20, she must, of course, show that she has financial sponsorship/support. The bank statement will more than satisfy any concerns about that. Past reasons for denial were concerns that she was an intending immigrant. It seems like it's a nearly impossible system and if you continue to try, you are punished for trying. But if you don't try, you'll never know. It seems that the I-20 and the acceptance letter from the University should carry some kind of weight, but maybe not. Thanks for your answers and time.

[geowrian 22,335]

26 minutes ago, Darrinos said:

Unauthorized work concerns will not be an issue. As part of getting the I-20, she must, of course, show that she has financial sponsorship/support. The bank statement will more than satisfy any concerns about that. Past reasons for denial were concerns that she was an intending immigrant. It seems like it's a nearly impossible system and if you continue to try, you are punished for trying. But if you don't try, you'll never know. It seems that the I-20 and the acceptance letter from the University should carry some kind of weight, but maybe not. Thanks for your answers and time.

I'd still say go for it f that's what she wants to do. The intending immigrant piece is still likely to be a concern...the logical concern being that she will marry you and decide to stay in the US. It's only a concern, though...it's by no means a death sentence to the process. haha

 

I do hope she gets approved and you (collectively), when you're both ready, file for the appropriate visa (K-1 if fiancee, CR-1/IR-1 if married) to stay in the US (if that's what you decide to do). Best wishes.

[Coco8 1,039]

What they most pay attention to is whether you have money to cover all the tuition and housing/living.

 

They do not want people having to work -- and working is very limited in terms of how many hours you can do and it basically has to be on campus like doing a few hours a week at the library or assisting a professor with some work. 

 

Because you mention the i-20, I am guessing she is going for an F-1. Do not get a J-1 because you can end with a 2 year home residency requirement based on what she is going to study.

 

About the age, unless it is something very odd, I don't see a problem (like someone in their 60s doing college).

 

 

[Darrinos 6]

As I said earlier, there will be more than sufficient funds available to prevent concerns about working illegally. And yes, she is going for the F-1. She is 47. When the time is right, we will definitely do things legally, the way the system is supposed to work. We value our relationship too much to take chances. We want to do everything the right way... heck, we may even decide to move somewhere else other than the US, but for now, she just wants to work on her second degree. Thanks for all the help!

[Boiler 43,426]

3 hours ago, Darrinos said:

Unauthorized work concerns will not be an issue. As part of getting the I-20, she must, of course, show that she has financial sponsorship/support. The bank statement will more than satisfy any concerns about that. Past reasons for denial were concerns that she was an intending immigrant. It seems like it's a nearly impossible system and if you continue to try, you are punished for trying. But if you don't try, you'll never know. It seems that the I-20 and the acceptance letter from the University should carry some kind of weight, but maybe not. Thanks for your answers and time.

Obviously sudying in the US is not cheap and somebody with those sort of resources does not usually have issues getting a B, was there a particular issue with her prior applications?

[Darrinos 6]

Boiler, she now has funds available to her as a student that were not available as a B applicant. (Without going into personal details.) When she first applied for the B, I was a bit uneducated in the process and sent her to the Embassy unprepared. We then reapplied within the next 60 days, which was a waste of time, so that's why she has (2) attempts. They rejected her on the ever popular intending immigrant suspicions when in fact, that was not her (or our) intention at all. Nevertheless, here we are, and once again hoping for the best.

[Boiler 43,426]

Well she should be prepared to explain to the Consulate how her position has improved, be it by Inheritance whatever.

[Coco8 1,039]

Yes, they will ask to see sources of funds.

 

When I did an F-1 I had a full scholarship/fellowship so they didn't ask me for stuff. But you should ask the university/college for data on cost of living (they usually provide some general calculations) and tuition, and basically show funds in a bank account (or something of the sorts) that will cover that. I think the school even fills out all that information on the i-20 and there is space for "personal funds". 

 

Most universities have an office of international students and if you have any questions, you should ask her to call them. They have a lot of experience on this type of things and they help students. This type of office is in charge of doing student visas, visas for professors, etc., not just advising international students.

 

 

 

 

 

 

 

 

Edited May 17, 2017 by Coco8

[canadian_wife 1,791]

When is her interview for the F-1 visa?

 

I was an F-1 student and they are sticky about the 'intending immigrant' situation.  What ties does she have to show that she will return to Indonesia after her studies are finished?  Is her program a bachelor's program from an accredited institution?

 

Good luck 

[RetConnOff 17]

and why is it she will return instead of marrying you and staying? Why does she need a second degree? Those and other thoughts will be on the CO's mind, as this looks more like a way to circumvent any wait times of a K1 or I-130...

[Darrinos 6]

Canadian Wife,

She hasn't been scheduled for the visa interview yet... she is currently taking an IELTS class to increase her English proficiency before she finishes her application. (She is nearly finished with a 70hr class that she has accomplished in a little over 30 days!) As for ties to her country... her children live there (1 in college, 1 lives with his Father), she has a good job, she owns property there, she is very active in her church and well connected to them... the usual. And yes, the program is with an accredited 4yr program. As I said, she's worked so hard to come get her education, and I just pray that it happens for her.

[RetConnOff 17]

but she can still leave all of that for 4 years, so why not longer? It will be hard to attend church services weekly while in the US....