Question by cathy: If someone is denied a student visa and now are filing for a fiance visa, is this going to be a problem?
My boyfriend was denied a student visa to study because, “they don’t give student visas to 32 year old web designers,” even though he doesn’t have a degree and wants to change careers which needs a degree. Now, after all this hassle and ups and downs of the student visa process, we have realized that the most important thing is to be together. He was planning on proposing once he was living here on the student visa, but since everything has happened, he actually proposed now. So our concern is that he will have problems because he is filing for a fiance visa shortly after being denied for a student visa. Is this going to be a problem? Especially since he is going to have to go to the same lady for the non-immigrant visa interview? What should we do and say?

Best answer:

Answer by Fred S
The denial of the F-1 visa does not automatically mean that his application for a K-1 visa will be denied. Different criteria are used to determine eligibility for the various visa classifications. While he may not have been a bona fide applicant for a student visa, the approval of your petition (I-129f), and the other supporting documents presented when he applies for the K-1 are far more important than any bad luck he had with a previous application.

For example, if an unemployed, working age gentleman with no strong ties to his home country applied for a visitors visa, he’d be denied. If he turned out to be an outstanding baseball player, and a team in the U.S. petitioned for him, he’d probably get a visa to come to the U.S. to join the team even though he didn’t qualify as a visitor earlier.

What do you think? Answer below!

One thought on “If someone is denied a student visa and now are filing for a fiance visa, is this going to be a problem?”

  1. So I assume your boyfriend is still in his back home wherever he’s. If he could get anyway to get in States maybe tourist visa, then change his status over here. But again, the U.S Embassy is doing this job everyday, they might already put all his information under his name on the database but we don’t know. So therefore the chances he would get visa is really slim because they might suspect your boyfriend has a motive to stay. What about this can you go to his country and (Believe me this!! you got to make sure he’s the right guy, we’re talking the rest of your life. So you’re better know what you’re doing. And make sure he’s proposing to you not because he’d like to come to states but because he loves you) get married over there and somehow I think if you’re a U.S citizen the embassy might have to change their mind to approve his visa. Again you have to think a little bit more and ask your parents for the opinion they’d give you the best opinion and your best friends.

    In the interview yes you can’t pick who you’d like to interviewed with again your boyfriend got to have answer the interviewer honestly and to the point (don’t beat around the bushes) because let me tell you this they know a liar from far away.

    All the best for you.

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