Applied for a student visa while being legally married to a us citizen.

[Moessam445 0]

I have been married to a us citizen for a year and a half now. 
We did know each other for not that long time during my semester abroad Exhange program and I genuinely loved her but not too soon after I left the states to complete my bachelor's degree, she became unstable and after a while conflict arose and we found out that we can't be together. However, she is still legally married as she's doesn't have money to file for divorce and me being outside the us makes it more complex law wise. 
My priorities are my studies, and I applied for a master's program in IIT in Chicago and got accepted. Now I'm booking an appointment for F1 visa. If I got back to the us, I'll settle the situation and file for a divorce. (If I can do it now I would have done it but minimum wage is like 150$ in here and I have been taking scholarships all my life to continue and support my education and career)
How will this affect my visa application? I'm really lost in what to do or not to do because I'm really financially limited and I can't afford to book an appointment and get rejected. I'm really a young man from Egypt really confused about my future. I graduated from a STEM Field and my future really looks so bright, but I have heard that I might get rejected easily due to being married while it's not really the case. Can I talk freely with the consulate and explain my situation or will it be dangerous to do so?

[Crazy Cat 43,939]

Personally, I think it is going to get much more difficult for anyone to get a F1 in the future. How are you going to convince a Consulate Officer that you can afford to study in the US?

[Moessam445 0]

5 minutes ago, Crazy Cat said:

Personally, I think it is going to get much more difficult for anyone to get a F1 in the future. How are you going to convince a Consulate Officer that you can afford to study in the US?

I have received a partial scholarship for my tuition, and I got a loan offer from MPOWER to cover the rest of my expenses and tuition for my study in the us and I plan to work in the university or secure an internship to cover for the interests and loan payment. Will that be the biggest problem I will face?

Edited Sunday at 04:53 PM by Moessam445

[Crazy Cat 43,939]

11 minutes ago, Moessam445 said:

Will that be the biggest problem I will face?

I think all F1 applications are going to be heavily scrutinized from now on.  The fact that you are married to a US citizen will not be in your favor, imo.  I would ask why must you seek your degree in the US? 

Edited Sunday at 05:08 PM by Crazy Cat

[Moessam445 0]

10 minutes ago, Crazy Cat said:

I think all F1 applications are going to be heavily scrutinized from now on.  The fact that you are married to a US citizen will not be in your favor, imo.  I would ask why must you seek your degree in the US? 

Originally, I was planning for a PhD position, but I realized it's way too hard for my academic accomplishments and the current funding cuts that has been made that made a lot of students choose other places other than the US. 
I have been in the US before, and I resonate with the culture more and the education system I had there helped me more than my 4 years in my home country university.
Would the fact that I left the states to finish my studies instead of applying for a green card while I had the chance during my married period there strengthen my situation? 

[Boiler 47,107]

To state the obvious you should divorce first

 

They may wonder how you intend to pay the loan back on an Egyptian salary

[W199 448]

10 hours ago, Moessam445 said:

 I can't afford to book an appointment and get rejected.

If you can't afford to get rejected then you shouldn't apply.  As you've been told F1 visas are being scrutinized and difficult to get.  The fact that you need a job in the USA to afford it, are not really financially stable, and show immigrant intent by previously or currently being married is going to make it very difficult to get a student visa.  

 

Also, getting divorced is going to be expensive, you might or should have a lawyer for the complex issues you will face if your spouse does not live in the same jurisdiction, ... 

[SalishSea 18,447]

Word on the street is that no F-1s are being approved, and previously approved ones are being revoked.

 

That said, OP it is a VERY bad idea to either like or lie by omission about your USC spouse.  You are required to disclose family in the US.  They already know, anyway - think of it as a test as to your credibility.

[Cathi 5,833]

2 hours ago, W199 said:

If you can't afford to get rejected then you shouldn't apply.  As you've been told F1 visas are being scrutinized and difficult to get.  The fact that you need a job in the USA to afford it, are not really financially stable, and show immigrant intent by previously or currently being married is going to make it very difficult to get a student visa.  

 

Also, getting divorced is going to be expensive, you might or should have a lawyer for the complex issues you will face if your spouse does not live in the same jurisdiction, ... 

A simple no fault divorce is NOT expensive, it's basically just court costs.

[Moessam445 0]

12 hours ago, SalishSea said:

Word on the street is that no F-1s are being approved, and previously approved ones are being revoked.

 

That said, OP it is a VERY bad idea to either like or lie by omission about your USC spouse.  You are required to disclose family in the US.  They already know, anyway - think of it as a test as to your credibility.

The thing is I know that they know lol and I'm not going to lie about anything at all I just wanted to know how it will affect me and what's the safe way to deal with this issue

[W199 448]

10 hours ago, Cathi said:

A simple no fault divorce is NOT expensive, it's basically just court costs.

 

That is true assuming it is simple. However not all "no fault divorces" are simple, and the simplicity highly depends on the court and the State's divorce laws. They vary a lot. Also, I think you mean "no fault and uncontested divorce, because a no fault contested divorce is complicated".   But in this case, since they are both broke and married only a short time, then it could potentially be simple if they can agree and keep it uncontested.  But it will also strongly depend upon their States divorce laws, rights of spouses (even if married a short time), and the negotiations that are often needed to agree to a "no fault" and uncontested, and the judge's and States laws for healthcare, transition costs, and so forth ... 

 

Remember there are affidavits of support that were filed as part of their immigration which could be fought (but not necessarily won),  they didn't say if his school was in the same jurisdiction or even the same State as his spouse, and he can't even file for a divorce until he can prove jurisdiction which can potentially be tricky for a student since their domicile is not where they are living.   

 

And if they are not living in the same jurisdiction, often the judge can grant the divorce but can not settle/grant the terms of the divorce (financial, etc..) because the judge doesn't have jurisdiction of the other spouse in those ways. 

 

In Summary, if they are living in the same jurisdiction, and both agree on all matters of the divorce, and if they fill out the divorce agreements such that it complies with the laws, then yes, it can be cheap and simple.  

 

Since his usc spouse have not yet filed for a "cheap" divorce, its a sign that there are complications, and not just because he is living overseas ...  

Edited Monday at 03:11 PM by W199

[Crazy Cat 43,939]

22 hours ago, Moessam445 said:

I'm really a young man from Egypt

I expect all visa applicants from Egypt will receive extreme scrutiny now, also. 

Edited Monday at 03:20 PM by Crazy Cat

[W199 448]

17 minutes ago, Moessam445 said:

The thing is I know that they know lol and I'm not going to lie about anything at all I just wanted to know how it will affect me and what's the safe way to deal with this issue

It all affects you very strongly in a negative way.  The only way to deal with it is to change your circumstances. For example, just as a start, get divorced, and then re-marry to a a local rich woman that can easily pay and support your overseas studies. Also, get a local job that you and they will benefit by you going overseas for your education, This way you will meet the financial burden for a student visa, as well as have some strong ties back to your own country, etc

 

Edited Monday at 03:22 PM by W199

[Boiler 47,107]

I assume he would divorce in Egypt 

[Moessam445 0]

6 hours ago, Boiler said:

I assume he would divorce in Egypt 

yes I don't know any of the logistics of doing this! 
Neither me or her have the money too