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My student/fiancée dillema

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  • My student/fiancée dillema

    I'll explain my situation as concisely as possible.

    1) I am engaged to a US citizen. She currently does not meet the income guidelines nor can we find a sponsor to pursue K-1 visa entry. She is working on ways to meet the guidelines but there is no way to know how long this will take.

    2) I am currently in the final year of studying for a diploma and seeking to study for a degree.

    I considered studying in her home state as a very positive option. Of course her living there is a big factor in choosing the location to study. I could build a network of contacts where I plan to live while meeting my educational goals studying at a world class facility. I love the place, I really would love to study there and it's not simply a pretext to get around our inability to get K-1 approval. I was studying before we even met!

    Both these goals are legitimate and I saw them as compatible. I'm reluctant to commit to 4 years of study here when I may be eligible for a K-1 visa much much sooner.

    Despite what I considered perfectly reasonable logic I discovered that a F-1 visa requires I demonstrate an intent to return under section 214(b) and it seems likely I would be denied this visa. That I would apply for adjustment of status seems highly probable.

    Do I have any options? A waiver? Proving I would return then seek entry with a k-1 visa?

    Any help and advice is greatly appreciated.
    Last edited by Skelf; 03-23-2016, 05:00 PM.

  • #2
    Panic over. All my research up until this point had centred around the K-1 visa. I knew from my previous trip I couldn't file for adjustment of status while on my tourist waiver. I've discovered 214b regulation applies to all non-immigrant visas and that I will have to return here in all scenarios. From this it seems that as long as I prove I will return and re-enter the US legally my relationship won't interfere with with my ability to get the F-1 visa.

    One question; I'm wondering now if our relationship would be considered proof of intent to return? We are being transparent with the authorities, this seems like it could be a positive since they obviously know I won't file for AoS for something that would clearly be denied.

    Either way the dream isn't dead, hopefully we are in a strong position to take whatever road we choose by the time I come back.

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