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dsohere

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Posts posted by dsohere

  1. You are not barred from getting a new F-1 visa (you didn't say if you have a valid F-1 in your passport-if so, you have another option) . A Consular officer can decide to give you a visa. It seems hard because a marriage and then dropping out of school can be considered to indicate intent to immigrate. But no one can 100% predict if you will get a visa and you are not ineligible for one.

    It's possible that you can explain your situation- and your intent to complete your studies and ties to home country and they could very well decide to give you a visa. It's not clear if you filed any paperwork with USCIS about the marriage.
    The seeming impossible does happen- anything can happen at a visa interview- and I have witnessed circumstances where people got visas in situations where most people get denied. But each situation is invididual. So don't despair. You had a difficult situation- but it's only human- some marriages fail.
    It would be optimum to have a consult with a good immigration attorney to prepare for your interview, but likely your school immigration office gave good advice.

  2. I would like to suggest that people do not try to get too personal. LIfe is complicated, as is love, marriage and of course immigration rules are very complex.

    It is not appropriate to be judging anothers circumstances or personal decisions. It's not anyone's business. People are asking for others to share experience and advice on immigration matters, that is all. You don't know their whole circumstance so don't make assumptions based on brief info provided, it's not productive and unkind - and who needs more judgement and unkindness in this world?

    It is within the realm of possibility for fifthnormal to get a new F-1 visa and continue his studies and I wish him much good luck.

  3. If you have a valid F-1 visa, EAD and job offer letter- then you have nothing to worry about. You should be confidant.

    Just hand your passport and I-20 and have your EAD and job letter handy in case they ask for more info.

    No reason you should be denied entry. So don't worry, be calm and confidant. You have earned that OPT and you have done everything correctly.

    Now- you have accrued some days of unemployment (which is ridiculous to count when out of the country) - so the sooner you enter the better and start your job.

  4. OK- it's not a good idea to apply to change status from B-2 to F-1. There is a high denial rate. They do not like it when people enter as tourists who really intend to study, it's a sign of fraudulent intent.

    Also- it can be hard to get another visa next time you do travel home, so let's say you do get the sucessful change of status to F-1 and then go home to see family- you may be denied an F-1 visa to return to complete your studies.

    In general- it's best for the B-2 to go home and apply for the F-1 visa. If you really cannot go home- then wait at least 90 days after entering the US and don't even visit a school or apply to school during this time.

    And if someone does want to apply- definitely get an attorney, don't file the I-539 by yourself. It may seem simple, but nothing really is with USCIS.

  5. Hello,

    You are in a difficult situation. It is always a good idea to maintain F-1 status until a greencard is obtained. It does happen rather frequently that a marriage does not work and then students end up in this very sticky situation.

    Has it been more than 5 months since your F-1 status was terminated? If not- then you could apply for reinstatement. I don't know what you mean "can't afford to wait"? This would be the safest option in my opinion. Was there another reason other than marriage that you dropped out- like money? Did you actually file for a greencard? What was the termination reason in SEVIS?

    If you depart the US and apply for a new F-1- if it's known that you got married then you would very likely be denied a new F-1 visa, because if would appear you had immigrant intent.

    Is your F-1 visa actually expired? If not, you might be able to travel and re-enter with this visa, was this mentioned to you as a possibility?

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