Ahh

Are there any chances of getting approved for a student visa while awaiting
for a K1 with this situation?

Me: American male Nurse who spends 75% of time out of states with fiancee
(no hurry for K1)
Fiancee: Filipino female previous history of her turning down US work visa
and she also had previous US tourist Visa that she returned on.

Situation:
I am a American travel nurse and spend most of the year with my fiancee in
the Philippines so I'm in no hurry to speed up a K1. What I am in a hurry
for is for my fiancee to make an Accelerated one year Nursing program by
2005. To get this she needs an Anatomy and Physiology class in the States.
Anatomy class is normally 2 semesters long but they have a accelerated class
thats 2 months long this Summer 2004. I don't want to be stuck in the US
for 2 semesters because I like to travel. Would there be a chance of
getting a student visa for that Anatomy class while we wait for a K1. The
K1 probably won't be done by May of 2004 because we are waiting for anulment
papers.

If we don't make this Anatomy Class it will be 2006 before we can start the
Accelerated Nursing Program :-(

I know this is lengthy but I appreciate any help.

Thanks,

Mrtravel

ahh wrote:
    > Are there any chances of getting approved for a student visa while awaiting
    > for a K1 with this situation?

My guess would be no. A K-1 is for people with immigrant intent, a
student visa is for people that don't have immigrant intent.

Folinskyinla

Hi:

Your question has two components to it: first, is it LEGALLY permissible? Second, is it practical way to get a visa?

In answer to the first question -- yes, it MAY be legally possible. Although the B-1 or F-1 or M-1 visas require a residence abroad with no intent of abandonment, it is possible to meet that by the so-called "dual-intent" doctrine [although I will immigrate in the future, I have no intent to abandon my residence now].

Also on the legal ground, there is a question as to what visa classification is applicable -- F-1 doesn't seem to cut it since you are talking about one class. It may be a valid B-1 classfication, but that is an extremely iffy one IMHO. I'm not sure if M-1 would apply. To be honest, when I get confronted with student questions, I call my student visa maven, Adam Green in L.A.. You may want to consult with him. Warning -- I pay him by returning the favor and answering his questions to me [yep, lawyers professionally "chat" all the time]. You will have to give him $$'s.

On the second or practical ground -- I think it would be a difficult visa to obtain. But there may be nothing to lose by applying -- the worse that can happen is they say no under 221(g). Manila can be funny to deal with -- they are confronted with so much game playing and fraud that they are quite snake-bit. But they CAN be reasonable when given an up-front situation like yours.

Bottom line IMHO, and this is "opinion" -- possible but unlikely.

Good luck.