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hoby

In the middle of K-1 application, need to switch to student visa?

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Hi everyone, my fiance (Chinese) and I began the K-1 visa application a few months ago and are expecting a decision from the Vermont center in a month or so. However, she just recently received word of an opportunity to study at a university in the US beginning this September (for various reasons she was originally planning on applying to begin study at an American institution in the fall of 2007, but this opportunity is too good to pass up). If she is accepted, she will need to apply for a student visa as the K-1 won't come through in time. This makes us really nervous, as from what we understand one of the biggest reasons that people are rejected for student visas is that they cannot prove non-immigrant intent. Will the fact that we have already begun the K-1 application negatively affect her student visa application? If so, what would be the best way to counteract that? Would we need to cancel the K-1 application before beginning the process of applying for her student visa? Has anyone on this forum been through a similar situation? I appreciate any help anyone can give me, as we are really nervous about the possibility of her getting rejected for her student visa.

Thanks a lot!

Josh


I-130 timeline

10/23/06: Submitted I-130 and supporting forms to Shanghai consulate for forwarding to Beijing DHS

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If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.


"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.

Sorry, but since you've put in for the I-129F, you've established immigrant intent. You will very likely be unable to get a student visa...


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.

Well, everything we've read about the K-1 application process seems to suggest that it will take at least 6 months from start to finish. We filed in March, and then had to wait for a request for more information, which slowed things down a bit. Plus, from what I understand, the real time killer is going from Vermont to the Guangzhou office and then waiting for everything to go through down in the Guangzhou office.

Is it really as bad as zyggy suggests? I really hope not . . .


I-130 timeline

10/23/06: Submitted I-130 and supporting forms to Shanghai consulate for forwarding to Beijing DHS

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If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.

Well, everything we've read about the K-1 application process seems to suggest that it will take at least 6 months from start to finish. We filed in March, and then had to wait for a request for more information, which slowed things down a bit. Plus, from what I understand, the real time killer is going from Vermont to the Guangzhou office and then waiting for everything to go through down in the Guangzhou office.

Is it really as bad as zyggy suggests? I really hope not . . .

A student non-immigrant ivsa is NOT available to those individuals who have immigrant intent. Since you've filed for the I-129F, you've put USCIS on notice that you DO have immigrant intent. THerefore, you are not eligible for a student visa.. Sorry, that's how it works..


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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raymaga,

Sure is - the time it takes the consulate in Guangzhau to issue the visa application package and then process the visa application and schedule the interview. And add to that the weeks of time it often takes the Chinese Customs House to release the packages from the NVC to the consulate.

Yodrak

If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.

Edited by Yodrak

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Unfortunately, your fiance won't be issued a student visa. The main criteria for student/tourist visa is, one has to convince the consular officer that he/she will come to the native country after study/visit. Since, you have already filed I-129F, the consular officer will simply tell your finace that he/she has intention for immigration and live in USA permanently. She consular officer will also mention that your fiance will be able to go to USA with K-1 visa therefore your fiance should come back for K-1 visa interview.


I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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