Not an easy case...

[dkrivosheyev 0]

Hi!

I am about to file I-129F for my Russian fiance, and I have been reading this forum for quote a while now. I have not come across a situation similar to ours, so maybe common wisdom can help

My fiance was in US on J-1 visa in 2004 and again in 2005, under Work and Travel program (there was no two-year residence rule in this J1 program). In 2005 she changed her status through USCIS to F1 and attended college. We have been living together from 2005 to 2006, while she went to school here. During 2006 Spring Break she went to Russia for 2 weeks to visit her parents, and could not return. US Consulate denied her the student visa because she could not prove her strong ties to Russia. She applied two more times for F1 visa, every time with more and more evidence that she has enough funds to pay for the college, as well as many letters from the school officials stating that she is a great student, and that she needs to come back. We even had a letter from Russian minister of foreign affars asking to issue the visa. She applied in two different consulates. All three times F1 visa was denied. I have contacted the congressman and received a reply from the US Consulate. They stated that F1 visa was denied because my fiance did not provide enough evidence that she can pay for her studies in US, and that the consular office did not like the fact that she changed he status from J1 to F1 while in US.

I have visited my fiance in the summer of 2006, and in January 2007 we had a vacation together in India. At this time I am getting ready to file I-129F, and I am wondering if the previous F1 visa denials and change of status from J1 to F1 would cause some problems during the interview. What do you think?

Thank you,

[Dan J 277]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

[dkrivosheyev 0]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Unfortunately, we did not even expect that her F1 visa would be denied. She has plenty of funds to pay for college, was in great academic standing, etc. We wanted to get married later, after she graduates. We did not expect that her 2-weeks spring break in Russia will have sach a result If we would even expect F1 visa denial, she would not go...

[meauxna 15]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Unfortunately, we did not even expect that her F1 visa would be denied. She has plenty of funds to pay for college, was in great academic standing, etc. We wanted to get married later, after she graduates. We did not expect that her 2-weeks spring break in Russia will have sach a result If we would even expect F1 visa denial, she would not go...

#1: I'm not saying that YOU need a lawyer, but for those who say that no one does need one... your story is a good example of the importance of getting information before you make an application, petition, move out of the US. YOU don't think your case has complications, but how will you know or not?

Not picking on you, OP. And the F-1 denials will be moot when it comes the K-1. This time, she is applying for the correct (in their minds) visa.

[dkrivosheyev 0]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Unfortunately, we did not even expect that her F1 visa would be denied. She has plenty of funds to pay for college, was in great academic standing, etc. We wanted to get married later, after she graduates. We did not expect that her 2-weeks spring break in Russia will have sach a result If we would even expect F1 visa denial, she would not go...

#1: I'm not saying that YOU need a lawyer, but for those who say that no one does need one... your story is a good example of the importance of getting information before you make an application, petition, move out of the US. YOU don't think your case has complications, but how will you know or not?

Not picking on you, OP. And the F-1 denials will be moot when it comes the K-1. This time, she is applying for the correct (in their minds) visa.

I fully agree Both of us regret greately the fact that we did not read any forums before she went to Russia. We both cannot explain now why we thought it would be no problem for her to come back to US. I already have an attorney (used him for naturalization process), and I will probably ask him for help with this case also.

[TimsDaisy 0]

The standards for issuing the K1 are different from the others - so they shouldn't harm you (ie: before, they were worried about her staying, now, the expectation is that she WANTS to stay, and that's why you're applying).

It sounds like you know where to go for help already - I'm not sure a lawyer would add anything other than extra costs to your process. Maintain your ties with both the Russian and US government ofices that you've been working with.

This is yet another sad example of people who try to do the right thing getting bitten in the ### for being honest and doing things properly. Such #######! I'm angry on your behalf. The system is wrong.

[MPGGPM 0]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Unfortunately, we did not even expect that her F1 visa would be denied. She has plenty of funds to pay for college, was in great academic standing, etc. We wanted to get married later, after she graduates. We did not expect that her 2-weeks spring break in Russia will have sach a result If we would even expect F1 visa denial, she would not go...

That's a tough situation, not just for your separation, but even for the fact that she can not return to complete her studies. Everything was put on hold.

Was strange how they approved her for the J-1 and F-1, and then all of a sudden denied her. (several times)

I haven't really read of cases where someone went from a J to an F...IN the USA, Normally, they return to their home country and apply from the consulate/embassy.

As far as the impact her denial will have on the future K-1 application, I have read of people who have had tourist visa denials, and it did not negatively effect their case for an immigrant visa. I would imagine this case would be similar, regardless of it being a student visa that was denied. You have to remember, whereas before she had to prove ties and an intent to return to Russia............she will no longer have to do that for a K-1, because the immigrant intent is obvious and that is what the K-1 visa is made for. Also, their concern over whether she had the sufficient funds for the F-1 is irrelevant now as well. So, the reasons given for her denial, should not have anything to do with her chances of getting a K-1.

I will say that my own wife went from a J-1 to F-1. It did NOT effect her I-130, which was approved back in September. Our case now is at the NVC. Granted, she did not change from the J to the F in the USA, as your fiance did......but I still would believe that you are fine in that respect.

It's strange......they allow her to change from J-1 to F-1 while in the USA , and then the very same government that allowed her to do so, now gives her a hard time about it. Go figure...............

Good luck.

Edited March 11, 2007 by MPGGPM

[dkrivosheyev 0]

No, but you do have to disclose them with your K-1 application. It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Unfortunately, we did not even expect that her F1 visa would be denied. She has plenty of funds to pay for college, was in great academic standing, etc. We wanted to get married later, after she graduates. We did not expect that her 2-weeks spring break in Russia will have sach a result If we would even expect F1 visa denial, she would not go...

That's a tough situation, not just for your separation, but even for the fact that she can not return to complete her studies. Everything was put on hold.

Was strange how they approved her for the J-1 and F-1, and then all of a sudden denied her. (several times)

I haven't really read of cases where someone went from a J to an F...IN the USA, Normally, they return to their home country and apply from the consulate/embassy.

As far as the impact her denial will have on the future K-1 application, I have read of people who have had tourist visa denials, and it did not negatively effect their case for an immigrant visa. I would imagine this case would be similar, regardless of it being a student visa that was denied. You have to remember, whereas before she had to prove ties and an intent to return to Russia............she will no longer have to do that for a K-1, because the immigrant intent is obvious and that is what the K-1 visa is made for. Also, their concern over whether she had the sufficient funds for the F-1 is irrelevant now as well. So, the reasons given for her denial, should not have anything to do with her chances of getting a K-1.

I will say that my own wife went from a J-1 to F-1. It did NOT effect her I-130, which was approved back in September. Our case now is at the NVC. So, you are fine in that respect.

It's strange......they allow her to change from J-1 to F-1 while in the USA , and then the very same government that allowed her to do so, now gives her a hard time about it. Go figure...............

Good luck.

Well, the change from J1 to F1 was approved by USCIS, and her student visa was denied by the US Consulate, part of Department of State. The government is the same, but offices are different. That was our mistake - we thought since her status change was approved by USCIS, she will not have any problem getting F1 visa.

She is attending college in Russia now, so nothing is on hold as far as her studies, but the separation is obviously difficult for both os us... Especially since we already lived together for almost a year here in US, and got used to being together all the time.

[rebeccajo 14]

It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Hey, don't rub it in the guys face. Besides, K3 or K1 aren't your only options.

Consider CR1 and have AOS done before she gets back.

[dkrivosheyev 0]

It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Hey, don't rub it in the guys face. Besides, K3 or K1 aren't your only options.

Consider CR1 and have AOS done before she gets back.

What is CR1? Is this an immigrant visa for a spouse? This means we need to get married in Russia, and then I will file I-130, correct? I understood K1 process is slightly faster. We have not been together for a year now

[MPGGPM 0]

It is possible you could have been married in when she was here on a student visa and simply applied for AOS. But now you do have to go through the K-1 or K-3 paths.

Hey, don't rub it in the guys face. Besides, K3 or K1 aren't your only options.

Consider CR1 and have AOS done before she gets back.

What is CR1? Is this an immigrant visa for a spouse? This means we need to get married in Russia, and then I will file I-130, correct? I understood K1 process is slightly faster. We have not been together for a year now

You're right about that. The main benefit to the CR-1, is that your fiance would avoid the hassle of doing AOS once she is in the USA. But, if it is a speedier return, and being back together that you are most concerned about, then do the K-1. It is quicker.

It would also allow you to have your marriage here........as opposed to there.