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?
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.
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