K1 Visa and becomming a student

[Rob1980 0]

Hi folks,

since this is my first post I'd better explain a bit of background.

We've been together for coming up to 2 years (officially) and I've been over to the US (philadelphia) to see her 7 times now. The last time, 2 weeks ago, I got sent for secondary questioning and I figure that I stand a good chance of not being allowed in if I go over on the visa waiver again. So, first of all, I wondered if I'm right about that?

We've always felt that the K1 visa would be what we eventually end up doing, and for a couple of reasons we've held off doing that for now, but we were looking to apply for that by October, with the plan that I would eventually be over there by this time next year. BUT, we also found another way... the F1 Student Visa. Because of my age and lack of experience in the field I want to work in we now think it would be a good idea to do a Masters degree. I saw someone at Temple University in Philly when I was last there for an informal chat and have found a course that is perfect, but my worry is affording it. Funnily enough, if I was a resident then the cost would almost half. This is where my question comes in...

What if I go over on a K1 Visa, as we've planned all along, and then start the Masters once I'm there? The only way this would work for us would be if I was classed as a 'resident'. Looking at this website and how things work with a K1 Visa I'm not sure at what point I would be considered a 'resident'. Would that be once we're married? Once we do the AOS thing? Or would it only be once I become a 'permanent resident' with a 10 year greencard? If anyone could help with this it would be fantastic.

Cheers,

Rob

[mybackpages 0]

Hi folks,

since this is my first post I'd better explain a bit of background.

We've been together for coming up to 2 years (officially) and I've been over to the US (philadelphia) to see her 7 times now. The last time, 2 weeks ago, I got sent for secondary questioning and I figure that I stand a good chance of not being allowed in if I go over on the visa waiver again. So, first of all, I wondered if I'm right about that?

We've always felt that the K1 visa would be what we eventually end up doing, and for a couple of reasons we've held off doing that for now, but we were looking to apply for that by October, with the plan that I would eventually be over there by this time next year. BUT, we also found another way... the F1 Student Visa. Because of my age and lack of experience in the field I want to work in we now think it would be a good idea to do a Masters degree. I saw someone at Temple University in Philly when I was last there for an informal chat and have found a course that is perfect, but my worry is affording it. Funnily enough, if I was a resident then the cost would almost half. This is where my question comes in...

What if I go over on a K1 Visa, as we've planned all along, and then start the Masters once I'm there? The only way this would work for us would be if I was classed as a 'resident'. Looking at this website and how things work with a K1 Visa I'm not sure at what point I would be considered a 'resident'. Would that be once we're married? Once we do the AOS thing? Or would it only be once I become a 'permanent resident' with a 10 year greencard? If anyone could help with this it would be fantastic.

Cheers,

Rob

Every university sets its own residency requirements. For some its just proof that you live in the area and can show proof of residency such as a utility bill or rental agreement. Check with the website of the school and you should be able to find your answer.

If you can get admitted as as a F-1 Visa student and then get married while legally here, you could change your status at midpoint in the degree process and start paying resident tution. But you would definatley need to pay international student tution until that point.

If USCIS suspects you came on a F-1 visa to get married and change status, I think that would cause you a lot of problems. It depends on how much info you give them when you apply for change of status and what questions they ask.

Someone here might have a more clear answer to what USCIS would consider fraud.

[Ladylethal 12]

I'm not an expert but I've read some couples saying that the colleges only allowed the foreign fiance to enroll not as a foreign student after one year of having permanent residence.

[Rob1980 0]

Every university sets its own residency requirements. For some its just proof that you live in the area and can show proof of residency such as a utility bill or rental agreement. Check with the website of the school and you should be able to find your answer.

If you can get admitted as as a F-1 Visa student and then get married while legally here, you could change your status at midpoint in the degree process and start paying resident tution. But you would definatley need to pay international student tution until that point.

If USCIS suspects you came on a F-1 visa to get married and change status, I think that would cause you a lot of problems. It depends on how much info you give them when you apply for change of status and what questions they ask.

Someone here might have a more clear answer to what USCIS would consider fraud.

I figured that I might have to check with the university, but I felt like that might compromise everything for some reason? Yeah, I've been reading a bit on the forums and realise that it looks quite bad if you try to change your status so soon after arriving on a student visa.

Thanks

I'm not an expert but I've read some couples saying that the colleges only allowed the foreign fiance to enroll not as a foreign student after one year of having permanent residence.

Okay, but then that might depend on the university I suppose.

If anyone else has any experience of it?

[mybackpages 0]

Okay, but then that might depend on the university I suppose.

If anyone else has any experience of it?

Let me just add that as a F-1 student you will also need an affidavit of support to qualify for the visa. It could be quicker than the k1 but also much more expensive with international tutition and the risk of USCIS questioning your original intent of coming here. Maybe.

Because Temple is a private university, there is no difference in in state and out of state tuition only resident and non-resident. If you arrived on the K-1 and then married, more than likely you could enter the semester following the adjustment of your status.

Good luck!

[Rob1980 0]

Let me just add that as a F-1 student you will also need an affidavit of support to qualify for the visa. It could be quicker than the k1 but also much more expensive with international tutition and the risk of USCIS questioning your original intent of coming here. Maybe.

Because Temple is a private university, there is no difference in in state and out of state tuition only resident and non-resident. If you arrived on the K-1 and then married, more than likely you could enter the semester following the adjustment of your status.

Good luck!

Yeah, I was aware about needing the affidavit of support, and it has to be from a US citizen. Thanks for the info, I'll have to get onto Temple to check I guess.

Another question though... if I have the F1 visa then would my history of going over there to see my girlfriend really count against me being allowed in on it? It would make sense to me that they would want to keep me in the country, having educated me! I remember reading somewhere that you should be intending to return home after studying, but part of the reason for me studying over there is to help me to get a better job, over there.