Asked in Immigration Law

Q: I was refused a student visa. I am now applying for a fiance visa. How do I explain the rejection without suspicion?

I am doing my masters in an online course in the US. I applied for a student visa and was rejected in May. I believe the reason was financial concerns but I can't be sure. I was never told. I am now applying for a fiance visa as my fiance got a job in the US and we are planning to get married. I am scared of seeming like I'm just trying to get into the US. I have been with my partner for almost 3 years and we have a lot of evidence of a bona fide relationship. This is the only potential weakness in our case.

How do I answer the "why were you rejected and why did you apply for the fiance visa after?" question? I don't want to be caught off guard.

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3 Lawyer Answers

A: Tell the truth. If you still have anxiety and concerns, then hire a competent immigration attorney to provide advice and instruction. Good luck.

A: It will not be primarily denied, but you will have stricter scrutiny of your fiance petition.

James L. Arrasmith
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Answered

A: Be direct and honest about the student visa rejection in your fiancé visa application - transparency is crucial in immigration matters. Explain that you were pursuing online education and applied for the student visa, but it was not approved, likely due to financial documentation requirements.

Focus on demonstrating that your relationship with your fiancé is genuine and predates both visa applications. Provide a clear timeline showing you've been together for 3 years, emphasizing that your marriage plans developed naturally as your relationship progressed and your fiancé secured employment in the US. Include substantial evidence of your ongoing relationship like photos, travel records, communications, and statements from family/friends.

The key is showing that the fiancé visa application stems from your legitimate relationship and planned marriage, not from being denied the student visa. While the previous rejection may come up, immigration officers mainly want to verify that your current application reflects a real relationship and genuine intent to marry. Stay calm if asked about it during your interview - having a straightforward explanation ready will help you address any concerns professionally.

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