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Ben and Jen

F1 visa denied, can I still visit on B2?

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Hi everyone, 

 

About six months ago I applied for an F1 visa to study in CA and be with my girlfriend. The plan was for me to finish my schooling by obtaining my teaching credential in the USA so we wouldn't have to do long distance. I could get a teaching credential in Europe (where I'm from), but we figured it would be nicer to be together while I study.

 

To our surprise I was denied the visa. The officer said I couldn't adequately prove I was going to leave the USA after the program finished. I was very honest with the officer at the US embassy, and when they asked if I knew anyone in the USA, I told them my girlfriend was living there. I guess they didn't want to risk me over-staying my visa after my studies were done.

 

I had honestly planned to leave the USA after the program finished and then go down the route of the K1 visa with my girlfriend. However, since I was rejected the F1 visa, we are now considering doing the K1 visa sooner rather than later so we can be together. We figure I can go to school after the K1 visa process is complete, then I can get a job and we can live our lives happily ever after.

 

In the mean time, I would love to visit my girlfriend using a B2 visa I got about one year ago at the same embassy. The B2 visa I got says it is valid for ten years, multiple entry. However, I am worried if I try to go visit my girlfriend I will be turned around at the airport and sent home. Is this a valid fear to have? Will the immigration officer see that I have been rejected the F1 and think I am trying to get into the USA to stay without returning home? 

 

Any opinions or advice from people who have had a similar situation would be greatly appreciated. 

Thanks all!

 

 

Edited by Ben and Jen

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20 minutes ago, Ben and Jen said:

I guess they didn't want to risk me over-staying my visa after my studies were done.

That is correct. That is their job, to access the risk of whether someone will overstay the visa. A lot of times it's a judgement call the visa officer has to make, based on what evidence was presented to him/her.

 

22 minutes ago, Ben and Jen said:

However, I am worried if I try to go visit my girlfriend I will be turned around at the airport and sent home. Is this a valid fear to have? Will the immigration officer see that I have been rejected the F1 and think I am trying to get into the USA to stay without returning home? 

Yes, it is a valid fear. However, you can overcome that if you come prepared with documented evidence that you will return home. If you come and you present that you still have a job at home, you just took a vacation (or holiday as they call it in Europe), you still have a house or apartment that you still have a lease, your family is  still at the home country, and here is my plan on this vacation: we'll go to Disney or we'll be hiking the Rockies or whatever,  blah blah blah,... So the more of that, the more you can convince them that you will return. Conversely, if you show up and have no job at home, no place to live at home, no money, .... what are the odds that if you are the  CBP officer at the airport, that you would let yourself in the US. 

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25 minutes ago, Ben and Jen said:

However, I am worried if I try to go visit my girlfriend I will be turned around at the airport and sent home. Is this a valid fear to have? Will the immigration officer see that I have been rejected the F1 and think I am trying to get into the USA to stay without returning home? 

I recommend to at least try to visit. Bring any documentation that shows strong ties to your home country. Entry is at CBP's discretion. Only US citizens and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry to the US.

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If your B is still valid you certainly could try.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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37 minutes ago, USS_Voyager said:

That is correct. That is their job, to access the risk of whether someone will overstay the visa. A lot of times it's a judgement call the visa officer has to make, based on what evidence was presented to him/her.

 

Yes, it is a valid fear. However, you can overcome that if you come prepared with documented evidence that you will return home. If you come and you present that you still have a job at home, you just took a vacation (or holiday as they call it in Europe), you still have a house or apartment that you still have a lease, your family is  still at the home country, and here is my plan on this vacation: we'll go to Disney or we'll be hiking the Rockies or whatever,  blah blah blah,... So the more of that, the more you can convince them that you will return. Conversely, if you show up and have no job at home, no place to live at home, no money, .... what are the odds that if you are the  CBP officer at the airport, that you would let yourself in the US. 

Pretty much this. You’ve already got an immigrant intent note on your record so you will more than likely be questioned on your intentions to return home, and the more evidence of that you can show, the better.

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