Q & A August 8, 2004
Q & A 1.
Q&A 1.
F-1 does not restrict by 10 year bar from reenter
Dear Mr. Lee:
I came to the United States in August 1996 by a B-2 visa. Later
by the same B-2 visa, I studied at a public high school (10th grade)
for one year, between August 1996 and August 1997, during a period
when my B-2 is still valid. In September 1997, I transferred to
a private school and received F-1 visa. I studied until I graduated
from high school. In June1999, I left the U.S. and returned to Hong
Kong. I wasn’t even 18 years old when I left the U.S. While
in Hong Kong attempting to apply for another visiting visa to the
United States, to my surprise I come to know that I was barred from
reentering the U.S. for a period of 10 years.
My boyfriend is an U.S. citizen, and we are thinking of getting
married. Can we apply for K1 or K3? What is the best thing to do
for us? Thanks.
Regards,
Ariel Yeung
Dear reader:
If you maintained an F-1 visa status during your stay in the U.S.,
you are not barred by the 10 year rule. Sometimes there is confusion
as to whether individuals have actually been given F-1 status. F-1
status is accorded to those individuals entering the United States
under F-1 visas, or if in the United States under other types of
visa statuses, upon the approval of F-1 change of status by the
U.S.C.I.S.. Merely obtaining an I-20 Certificate of Eligibility
for Non immigrant (F-1) Student Status from a private school does
not turn an individual into an F-1 student without a confirming
approval from the U.S.C.I.S.. However, if you did receive a change
of status to F-1 by the U.S.C.I.S., you could show the approval
to a U.S. consular officer on your next application for a visa to
come to the United States. If on the other hand, you did not receive
the change of status approval, you would be barred for 10 years
if you left the U.S. at any time after you reached the age of 17,
not 18.
You should further note that you were not supposed to study in
the United States under your B-2 visa status. That is not one of
the purposes of a B-2 visitors visa. That could be a significant
negative factor in a U.S. consular officer's decision whether to
issue you a another non-immigrant visa if he/she knows of this.
Whether you apply for K-1 or K-3 is a decision between you and
your boyfriend. The K-1 visa is for fiancees of U.S. citizens who
will marry within 90 days of coming to the United States. A K-3
visa is a temporary visa for the spouse of a U.S. citizen. In both
cases, the bonafide character of the relationship must be proven
prior to the entry of the individual to the United States.
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