Courtney

I am applying for a Student visa to go to Florida to fly. I applied for a B-2 visa at the beginning of Dec but was denied due to lack of ties to UK.

On the DS-156 it asks you if you have ever been denied a visa and if so when and where. When I put "yes" will I have more difficulty with my student application, even though I am being sponsored by the flying school who will be putting all my paperwork together and also I will have a letter stating I have to return to the UK to end my training and then I get a job as a flying instructor in UK.

My concern is that on my previous application I put that the reason for going to the US was for holiday and see my fiance. Do you think they will ask me questions about that? My partner works at the acadamy I will be flying for, but is not at the actual flying school I will be attending. I am concerned that they will think I am just going over there fir him, when in fact I was going to be looking at flying anyway later, but becaues of the denial I have to bring forward my plans.

I am just concerned that this will blow my career if they deny me again.

Can anyone enlighten me at all?????

Thanks

ScousePete

That may raise a few red flags

crg

When and where do you plan on actually marrying your fiance? Any time a citizen of a country eligible to use the visa waiver program asks for a visitor visa, red flags are raised. They want to know why you need more than 90 days.

The consular officer will want you to prove that you are planning to return to the UK following the training.

Is your fiance a US citizen? If he's a US citizen, he could file an I-129F and get you a K-1 fiance visa allowing you to enter the US and marry in the US within 90 days. If he's a foreign national working on an H1B or something, then he could marry you in your home country and then get you an H4 dependent visa.

supernav

I don't get it.

You have a US fiancee -- why isn't he filing a fiance petition for you???

-= nav =-

Courtney

No.he's not a US citizen, he is British on an L-1 visa, that's the problem.........

Courtney

crg

Then you can get married, and come over on an L-2 visa. Until then, they don't want people playing house in the United States.

Courtney

I know which is why I won't be saying anything to the embassy unless they ask. But, this is my career and future, something I was going to do anyway after the B-2 visa, but as I didn't get that I am having to go for it earlier, hence the student visa now. If they refuse me, I am f***ed as it is cheaper to train in the US than her in UK (especially for pilot's licence)

I am worried

supernav

Just get married, grab the L-2 which is a pretty standard visa, you're just piggybacking off someone who's already got the visa. And then when in the states, be a student, run a marathon, do whatever you want. If you want the easiest solutio -- that's it.

-= nav =-

Ingo Pakleppa - See Web Site For Email

I see that in another post you mentioned that your fiance is an L-1. This
is very good news.

Specify as reason for the B-2 "To join my L-1 non-immigrant partner". This
is specifically allowed by Dept. of State regulations as a reason for
granting a tourist visa. If applicable, you should write "To join my L-1
non-immigrant partner and marry him".

On Mon, 19 Jan 2004 15:10:41 +0000, Courtney wrote:


    > I am applying for a Student visa to go to Florida to fly. I applied for
    > a B-2 visa at the beginning of Dec but was denied due to lack of ties to
    > UK.
    >
    >
    >
    > On the DS-156 it asks you if you have ever been denied a visa and if so
    > when and where. When I put "yes" will I have more difficulty with my
    > student application, even though I am being sponsored by the flying
    > school who will be putting all my paperwork together and also I will
    > have a letter stating I have to return to the UK to end my training and
    > then I get a job as a flying instructor in UK.
    >
    >
    >
    > My concern is that on my previous application I put that the reason for
    > going to the US was for holiday and see my fiance. Do you think they
    > will ask me questions about that? My partner works at the acadamy I
    > will be flying for, but is not at the actual flying school I will be
    > attending. I am concerned that they will think I am just going over
    > there fir him, when in fact I was going to be looking at flying anyway
    > later, but becaues of the denial I have to bring forward my plans.
    >
    >
    >
    > I am just concerned that this will blow my career if they deny me again.
    >
    >
    >
    > Can anyone enlighten me at all?????
    >
    >
    >
    > Thanks

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Courtney

But don't I still need to provide ties to my home country even though I am joining my partner in the US? I thought that was the main reason they wouldn't give it to me, because they don't expect me to return and be an illegal immigrant over there.

crg

Do you know which section of law allows for someone to enter as a B2 in order to marry an L? Does this also apply to H1 visa holder and others that can have dual intent? Is there a time limit before you marry? Can they be admitted as a B2 if the visa isn't endorsed if they intend to marry and change status to an L2?

Jozef

"Courtney" <member18618@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Ingo Pakleppa - See Web Site For Email
    > > I see that in another post you mentioned that your fiance is an
    > L-1. This
    > > is very good news.
    > >
    > > Specify as reason for the B-2 "To
    > join my L-1 non-immigrant partner". This
    > > is specifically allowed by
    > Dept. of State regulations as a reason for
    > > granting a tourist visa. If
    > applicable, you should write "To join my L-1
    > > non-immigrant partner and
    > marry him".
    > >
    > But don't I still need to provide ties
    > to my home country even though I am joining my partner in the US?

It's a bit of a grey area. Even though the law says you need to have a
residence in your home country that you do not intend to abandon when
applying for a B-visa, this should not be held against you since an L-visa
allows immigration intent, and you will be an L-2 after marrying your L-1
fiancé.

Consequently, the fact that you were refused a B-visa in the past should
also not be held against you, since the reason for the refusal was perceived
immigration intent.

Note that as an L-2 you will not only be allowed to enroll in school
full-time but can also apply for work authorization.

Do get back to the forum and let us know how it went!

    > I
    > thought that was the main reason they wouldn't give it to me, because
    > they don't expect me to return and be an illegal immigrant over there.

Courtney

The thing is I don't want an L-2 visa, I would like to do my pilot's licence over there. My original concern is whether they are going to deny me this visa (M-1) on the grounds of the last visa I was denied. They will ask me why I wanted the B-2 as I put to holiday and see fiance and ask why I am now going for an M-1. I know it looks dodgy but I genuinly have had to cjange my life plans and bring it all forward 6 months. I am just worried that you cannot explain this at the embassy as they have already made their minds up before you go up to the window. I just don;t want them to look at my last application and aitomatically deny me without my say. Do you know what I mean? I will be going for it in approx two weeks, that's two and a half months after my B-2 application!!

Courtney

Jozef

"Courtney" <member18618@british_expats.com> wrote in message
news:[email protected]...
    > The thing is I don't want an L-2 visa, I would
    > like to do my pilot's licence over there. My original concern is
    > whether they are going to deny me this visa (M-1) on the grounds of the
    > last visa I was denied. They will ask me why I wanted the B-2 as I put
    > to holiday and see fiance and ask why I am now going for an M-1. I know
    > it looks dodgy but I genuinly have had to cjange my life plans and bring
    > it all forward 6 months. I am just worried that you cannot explain this
    > at the embassy as they have already made their minds up before you go up
    > to the window. I just don;t want them to look at my last application
    > and aitomatically deny me without my say. Do you know what I mean? I
    > will be going for it in approx two weeks, that's two and a half months
    > after my B-2 application!!

Since B and M are both non-immigrant visas they require ties to one's home
country, so you may be denied again.
Still, you have nothing to lose by trying again.
I don't think your previous denial was related to you mentioning that you
were going to visit your fiance, since I assume you told them that he's an
L-1, not a US Citizen.

Unfortunately, immigration law states that *every* visa applicant is a
potential immigrant, until he/she can prove otherwise.

Good luck.

Courtney

Well, I do have to come back to the UK to finish my training back in Coventry and I will have a letter stating this from the airline. I have heard that even people with letters from their employers sometimes get refused. I just hope that this letter is enough. It also states that I have spent thousands on my training, so it will seem a bit stupid not to come back here and finish hey?????