Legal Question in Immigration Law in New Jersey

Immigration Question.

I'm a US Citizen and my fianc� is an Irish Citizen. He is planning on attending a masters program in the US. He was approved for the 1st stage of the F-1 student visa application and is scheduling his F-1 visa interview this week in Ireland. All the forums seem to say that you have to state that you have no intent to stay in the US, in order to get approved for an F-1. We're not sure if we will be staying in the US or the EU after he finishes his studies.

His program starts in a month and we want to wait until 2017 to get married. How should my fianc� present this situation to his interviewer? He's really serious about his education, and this school is one of the best for his area of study, so I don't want our relationship to jeopardize his opportunity.


Asked on 7/16/16, 12:03 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If he tells the U.S. Embassy that you are engaged &/or plan to marry next year, then they will not issue him a non-immigrant visa. Having a U.S. Citizen fiance is enough for the U.S. Embassy to find immigrant intent. His only intention should be to continue his education in the U.S., pursuant to his I-20.

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Answered on 7/19/16, 11:19 am


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