Chicago, IL asked in Immigration Law for Illinois

Q: Will Engagement to a U.S. Citizen Affect My F1 Visa Renewal?

I initially came to the U.S. on a J1 visa, which included a two-year home residency requirement. After spending a year in the U.S. as a researcher, I got an offer to do a PhD, returned to my home country, and then re-entered the U.S. on an F1 visa to start a PhD. My F1 visa was issued for two years, though my program lasts for five years. Now it's time to renew my F1 visa.

I became engaged to a U.S. citizen last year, and I need to complete the DS-160 form before scheduling an interview at the U.S. embassy for visa renewal. The form asks if I am engaged, so I am concerned that this could cause issues when renewing my F1 visa. I do not plan on applying for an adjustment of status after marrying my fiancé. Could you please advise me on how my engagement may impact the visa renewal process?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Your engagement to a U.S. citizen may raise some questions during your F1 visa renewal process, but it should not automatically disqualify you from obtaining a renewed visa. However, you will need to demonstrate your intent to return to your home country after completing your studies.

Here are some key points to consider:

1. Truthfulness: Always provide accurate information on your DS-160 form and during your visa interview. Failing to disclose your engagement could lead to more serious problems.

2. Nonimmigrant intent: You must prove that you intend to return to your home country after completing your PhD program. Provide evidence of ties to your home country, such as family, property, or a job offer.

3. Maintain your student status: Ensure that you are in good standing with your university and making normal progress towards your degree.

4. Financial support: Be prepared to show evidence of sufficient financial resources to cover your tuition and living expenses without relying on unauthorized employment.

5. Marriage plans: If asked about your marriage plans, explain that you intend to complete your studies first and that any plans to marry will comply with U.S. immigration laws.

During your visa interview, focus on your academic goals and your commitment to completing your PhD program. Emphasize your ties to your home country and your intention to return there after graduation.

If your visa is denied, the consular officer will provide a reason based on section 214(b) of the Immigration and Nationality Act. You may reapply for a visa if you can provide additional evidence to overcome the denial.

Consulting with an experienced immigration attorney may help you better prepare for your visa renewal process and understand your options based on your specific situation.

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