Applying for F1 while holding valid B1?

[conny 0]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

[payxibka 10,044]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

why do you want an F-1 ?

[YuAndDan 153]

You are planning on entry to college before getting the K-1? then a student visa will be needed, B-Visas have limited stay in the USA usually 90 days or less, F-Visas allows stays in the USA for as long as a student is going to school.

[conny 0]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

why do you want an F-1 ?

My fiance is going to college so he kinda needs something that allows to study (B1 doesn't officially).

[YuAndDan 153]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

why do you want an F-1 ?

My fiance is going to college so he kinda needs something that allows to study (B1 doesn't officially).

K-1 does not restrict going to school either, why not wait for the K-1?

From your timeline your I-129F should be NOA2 any time now, and then through NVC and on to the consulate.

[conny 0]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

why do you want an F-1 ?

My fiance is going to college so he kinda needs something that allows to study (B1 doesn't officially).

K-1 does not restrict going to school either, why not wait for the K-1?

From your timeline your I-129F should be NOA2 any time now, and then through NVC and on to the consulate.

You're right it should be but it's not and putting entire semester in danger isn't something we're prepared to do, hence the hassle. I'd love to skip all that especially because they're saying he might not even be granted F1 because K1 is pending (even though some people here say it's not a good reason)...

[Gary and Alla 3,694]

It looks like the entire F1 is an overkill when you have B1 - apparently no one (even in the consulate) cares whether it's being used for education (which is what we need now). Is that the case or was it a right move to apply for F1 when my fiance already has B1 in passport and K1 petition pending? Can someone share the experience or proven opinion here? Thanks in advance!

why do you want an F-1 ?

My fiance is going to college so he kinda needs something that allows to study (B1 doesn't officially).

K-1 does not restrict going to school either, why not wait for the K-1?

From your timeline your I-129F should be NOA2 any time now, and then through NVC and on to the consulate.

You're right it should be but it's not and putting entire semester in danger isn't something we're prepared to do, hence the hassle. I'd love to skip all that especially because they're saying he might not even be granted F1 because K1 is pending (even though some people here say it's not a good reason)...

True, it is not a "disqualifying" reason, but it doesn't have to be. Consulates can deny visas for the simple belief he will illegally immigrate as he has demonstrated a desire to permanently live in the US. Going to school on a B1 is not allowed by law. The school may allow him to , but he would be violating the terms of the visa and endangering the K-1.

Conny, did you ever speak to the school about giving him a credit toward the next semester? Schools are SO much easier to deal with than USCIS and consulates.

[conny 0]

Gary, I don't think that's an option at this point - losing entire semester and for what? We'd rather deal with it if they deny F1. He's saying the chances are pretty good. What would you guys suggest to do before and at the interview to improve the chance of getting F1 considering that the application itself will mention pending K1? How about stressing the fact that he's been to US few times and always came back? What can be said about K1 itself? It's not his application but mine in the end of the day...

Edited July 1, 2009 by conny

[Gary and Alla 3,694]

Gary, I don't think that's an option at this point - losing entire semester and for what? We'd rather deal with it if they deny F1. He's saying the chances are pretty good. What would you guys suggest to do before and at the interview to improve the chance of getting F1 considering that the application itself will mention pending K1? How about stressing the fact that he's been to US few times and always came back? What can be said about K1 itself? It's not his application but mine in the end of the day...

I don't see how talking to the school is not an option (????) we have a son coming here on a K-2 (to follow in) 2 weeks. We have paid in advance his entire next year of tuition, room and board and are depending on him coming here and getting (at minimum) an AP to return in September, the USCIS has told us it can be done...BUT if not, we have already talked to the school administration and they will credit us for money paid if he misses his first semester, they were very co-operative and that is a strict Russian Technical Institute. My wife was sure they would say "Too bad for You-ski" but they did not.

That said...when applying for an F-1 in conjunction with a pending K-1 it will be impossible and not necessary to "prove he will return" except for the interview. His intended F-1 stay will exceed that of the K-1 processing time. I do not think you will have a probem there. I think the best evidence will be that he can say "Look, I don't need to be here, I HAVE a B1 visa I can go to the USA and immigrate illegally if I want to, I am also the beneficiary of a K-1. The fact that I even file this application and show up here, when I do not need to, should be proof enough" Of course he should also provide his enrollment documents for school, showing he paid for the semester.

Also, have him present an I-134 with the F-1 application. It seems to help, even with tourist visas, if they have a USC on the hook for him.

(and the K-1 it is NOT your application, it is HIS application, you petitioned to allow him to APPLY for a K-1 visa, your petition results in an "approved petition" not a visa. HE applies for the visa)

Edited July 1, 2009 by Gary and Alla