How should my fianc, who is an Irish citizen, answer questions about his intent to leave the US when applying to an F-1 Visa?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How should my fianc, who is an Irish citizen, answer questions about his intent to leave the US when applying to an F-1 Visa?
I’m a US Citizen and my fianc is an Irish Citizen. He is planning on attending
a masters program in the US. He was approved for the 1st stage of the F-1
student visa application and is scheduling his F-1 visa interview this week in
Ireland. All the forums seem to say that you have to state that you have no
intent to stay in the US, in order to get approved for an F-1. We’re not sure if
we will be staying in the US or the EU after he finishes his studies.
His program starts in a month and we want to wait until 2017 to get married.
How should my fianc present this situation to his interviewer? He’s really
serious about his education, and this school is one of the best for his area of
study, so I don’t want our relationship to jeopardize his opportunity.
Asked on July 16, 2016 under Immigration Law, New York
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
He needs to indicate that he intends to come to the US to study and to attend this school that is issuing his I-20 and that he intends to return to his country of residence upon completion of his studies. He is not going to be held accountable if he returns to EU or stay in the US if you marry, if it happens some time from now but for the time being, in order to be issued the student visa, he cannot have any immigrant intent or intent to immigrate to the US and I would strongly advise against mentioning that he has a fiancee in the US as that is almost sure to result in a visa denial.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.