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?

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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 4 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.


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