What are the chances of a visa application being denied?

[Crazy Cat 39,215]

1 minute ago, CKnight said:

Thanks. So, then she can move freely between the United States and Brazil without a risk of being told she can't come back to the U.S. Just as long as she has legal documents to enter the U.S. I wasn't sure if this was the case, but it is what she told me that she has to apply for a visa to get into Brazil. 

Freely? Nope.  Every entry is at the discretion of CBP at the border.  A valid entry document only allows her to apply for entry when she arrives at a US Point of Entry. Something is amiss here.  If she is really a Brazilian, she would not need a visa to enter her own country. 

[Crazy Cat 39,215]

10 minutes ago, CKnight said:

She is here legally in terms of being on the student visa.

Is she still a student?  Has her F-1 visa expired?

[CKnight 1]

Just now, Lucky Cat said:

Is she still a student?  Has her F-1 visa expired?

So, she never started studying, but came over on the F-1. She came through the Au-Pair program as I mentioned but didn't go to school. She says it isn't expired, but that she ended up having to file paper work again, leaving her answer in limbo. So, once she gets an answer back, she will be under the F-1 visa as she was when she first came here. 

[Timona 3,939]

2 minutes ago, Lucky Cat said:

Is she still a student?  Has her F-1 visa expired?

 

I am now totally lost. I believe AU-PAIR and Student visas are different categories. As I said to OP, something is amiss here.

However, in my replies to OP I covered both AU-PAIR and F-1 visa categories. Nonetheless, in both, I do not understand why she may have trouble re-entering, unless she has overstayed, of course. 

[Crazy Cat 39,215]

3 minutes ago, Timona said:

I do not understand why she may have trouble re-entering, unless she has overstayed, of course. 

That is exactly where I was going, also.....maybe she is trying to change status from a J-1 to an F-1..instead of renewing the F-1......  but I am no expert in either of those areas.

Edited April 21, 2021 by Lucky Cat

[Timona 3,939]

3 minutes ago, CKnight said:

So, she never started studying, but came over on the F-1. She came through the Au-Pair program as I mentioned but didn't go to school. She says it isn't expired, but that she ended up having to file paper work again, leaving her answer in limbo. So, once she gets an answer back, she will be under the F-1 visa as she was when she first came here. 

 

To break this down, she came on J-1 (AU-PAIR) and is now attempting to convert to Student Visa (F-1)...Now, if we go with this notion, then I see why she may have trouble re-entering the US.

 

Anyway, do your own due diligence and get all facts straight. You do not want to be played

[CKnight 1]

Just now, Timona said:

 

To break this down, she came on J-1 (AU-PAIR) and is now attempting to convert to Student Visa (F-1)...Now, if we go with this notion, then I see why she may have trouble re-entering the US.

 

Anyway, do your own due diligence and get all facts straight. You do not want to be played

This makes more sense to me now. So, then why would she have trouble reentering the U.S. if she is converting from J-1 to F-1? Just asking for clarification, because I am not sure exactly of what is happening here, other than what she is telling me. 

[PaulaCJohnny 712]

16 minutes ago, CKnight said:

Thanks. So, then she can move freely between the United States and Brazil without a risk of being told she can't come back to the U.S. Just as long as she has legal documents to enter the U.S. I wasn't sure if this was the case, but it is what she told me that she has to apply for a visa to get into Brazil. 

I'm sorry to tell you but she is lying about this.

There is not such thing about brazilian visa for brazilian citizens NEVER!

If she told you that she can't come back after visit Brazil is because she doesn’t have a valid visa and she is afraid to travel and receive a ban.

 

I'm from Brazil and I can tell you that this history is really common here in the US.

 

If you really want to check out look her passport and you will see.

 

Ask her about the student visa application. 

I hope she is really not lying to you to get an green card.

Good luck 

[Nat&Amy 623]

Agreed with above, no such a thing as a Brazilian needing a visa to enter Brazil.

 

Also, came with a F1 but never went to school? Been in the US for 3 years as an au pair? She is most likely out of status and her leaving the US will trigger a ban, so she will not be able to come and go freely.

 

In Immigration, it is important that both parts have access to ALL the truth. Make sure your girlfriend understands that. If in the future you ever get contacted by the USCIS or else and tell anything other than the facts, it is not going to end well.

[Timona 3,939]

18 minutes ago, CKnight said:

This makes more sense to me now. So, then why would she have trouble reentering the U.S. if she is converting from J-1 to F-1? Just asking for clarification, because I am not sure exactly of what is happening here, other than what she is telling me. 

 

You did mention that she did not use her J-1 after arrival. So, technically, she failed to maintain it. She is, therefore, demeaned illegal. Because of that, I think her F-1 visa will be denied. Immigration is going to find out about her J-1 abuse and subsequently deny her F-1. So she is technically gonna remain illegal. The only solution is to marry her. She may know this already and is telling you indirectly that you guys should get married. Have you found out if the "emergency" back home is real or made up to twist your arm into marriage?

 

Out of curiosity, ask her why she did not use her J-1 visa as she was supposed to. I hope she did not just land and go to Miami or Hollywood.

 

She is not telling you the truth. If I were you, I would:

1. Sit down with her (while acting as if I am dumb about the process - of course you are not as we here on VJ have already educated you) and ask her about this Brazilian Visa. Then educate her and see if she still keeps pushing the same story (basically, upon education, she should be relieved that she does not have to apply for it. However, if she appears agitated, then you know your answer).
2. Then ask to see her PP and check when visa was issued.
3. Then you can tell her that she is fine going to Brazil and that you will come visit her. If she dumps you by end of day, you know you outsmarted her and dodged a bullet.

 

Edited April 21, 2021 by Timona

[Nat&Amy 623]

4 minutes ago, Timona said:

You did mention that she did not use her J-1 after arrival. So, technically, she failed to maintain it. She is, therefore, demeaned illegal. Because of that, I think her F-1 visa will be denied. Immigration is going to find out.

She came with a F1, according to OP. The J1 is the visa for au pairs, and it's not as easy to get without working with an agency, so even if we assume that she did get one regularly, it doesn't last 3 years. Trying to revert to a F1 when you 1)already spent 3 years in the US working 2)came on a F1 and never went to school, is going to be a waste of money, in my opinion, unless she has been accepted by a good college and can convince immigration she is not just trying by all means to remain in the US.

[Timona 3,939]

1 minute ago, Nat&Amy said:

She came with a F1, according to OP. The J1 is the visa for au pairs, and it's not as easy to get without working with an agency, so even if we assume that she did get one regularly, it doesn't last 3 years. Trying to revert to a F1 when you 1)already spent 3 years in the US working 2)came on a F1 and never went to school, is going to be a waste of money, in my opinion, unless she has been accepted by a good college and can convince immigration she is not just trying by all means to remain in the US.

 

 We already cleared this with OP. She came on AU-PAIR and is attempting to change to F-1. That is why she fears that she may not be able to re-enter the US, since she failed to maintain her AU-PAIR 

[Mollie09 1,543]

It is possible to be in the US legally with an expired visa. She might have a valid I-20 but no valid visa stamp, which means she can be in the US, but not leave and come back.

[Timona 3,939]

7 minutes ago, Mollie09 said:

It is possible to be in the US legally with an expired visa. She might have a valid I-20 but no valid visa stamp, which means she can be in the US, but not leave and come back.

 

True. But she does not have F-1 yet. She just applied for it

[Nat&Amy 623]

10 minutes ago, Mollie09 said:

It is possible to be in the US legally with an expired visa. She might have a valid I-20 but no valid visa stamp, which means she can be in the US, but not leave and come back.

If she came with a F1 - it is still unclear if she did - and never attended school, she violated the terms of her visa and therefore the expiration date is not exactly the problem.

 

12 minutes ago, Timona said:

 

 We already cleared this with OP. She came on AU-PAIR and is attempting to change to F-1. That is why she fears that she may not be able to re-enter the US, since she failed to maintain her AU-PAIR

I don't think anything is cleared out. If she came with a J1 to au pair, then not studying was never a problem, so why was it even mentioned? If she did come with a F1 but started working as an au pair and never went to school, then she violated the terms of the very visa she wants to obtain right now. 

 

There are lots of gaps in this story and the only way to get good answers is for OP to sit down with girlfriend and make a truthful timeline of events, preferably with her passport and visa in hand.

 

Edited April 21, 2021 by Nat&Amy