F1 Student Visa

[LynnandAhmed 0]

I have a question for the MENA people who are in AP torture with the K-1.....

Can you apply for a F-1 Student Visa and have your fiance here sooner and going to school?

Apparently that visa is quick to get.

Then, once he or she is here, you can get married after a few months and do AOS.

It seems like some that have been waiting for over an year in AP and could use this as an alternative option, especially if your SO is planning on going to school anyway.

Why have his or her life on hold for 1 to 2 years when they could be studying here on a F-1?

[tenderheartusa79 14]

good morning lynn

I'm so sorry to hear that i know its so long , retarded journey

well you can't file for F1 visa or any other visa

cause you can't file for two visas at the same time

so once you filed for k1 visa you can't file for another visa which mean if you wanna file for another visa you have to cancel the k1 visa first

good luck and my best wishes for ya

Edited April 1, 2008 by tenderheart197900

[Zee Bee 61]

The fact that you have already applied for a K1 shows intent to immigrate. Using an F1 to get your SO here so that you can get married and AOS is considered visa fraud. It is possible that your SO will be denied an F1 while a K1 is in process for that reason.

[Nasturtium 500]

Nope, you can't apply for the two at the same time... and you can't adjust an F1. he would be sent home and have to remain home for a mandatory 2 years, then he would be allowed to apply for a K3 or Cr-1. So you'd be setting yourself back at least 2-3 years.

[AlHayatZween 2]

Yeah... it's funny because this is the second person to bring up this possibility in 2 days. i was griping last night about the past year of immigration woes... (And we haven't even gotten to the SCARY part yet!! ) and a colleague of mine said, well, why doesn't he just come here and study...?

i have to agree with the others... unfortunately, it doesn't work that way. if you come on a student visa and then stay b/c you got married, they can suspect you of visa fraud... and that is a whole different can of stinky worms. it stinks the whole gambit

[Zee Bee 61]

Nope, you can't apply for the two at the same time... and you can't adjust an F1. he would be sent home and have to remain home for a mandatory 2 years, then he would be allowed to apply for a K3 or Cr-1. So you'd be setting yourself back at least 2-3 years.

I think you are thinking about a J1. But even in that case, the beneficiary would only have to return home if they have an HRR. And F1 can adjust after marrying a USC.

[simple_male 1]

The fact that you have already applied for a K1 shows intent to immigrate. Using an F1 to get your SO here so that you can get married and AOS is considered visa fraud. It is possible that your SO will be denied an F1 while a K1 is in process for that reason.

Yes. When your SO will apply for F-1, he has to reveal if there are any petitions for him. As soon as the Embassy will see this, they will not issue F-1 visa which will defy the logic that the person will come back to the home country after the study.

[Nasturtium 500]

Nope, you can't apply for the two at the same time... and you can't adjust an F1. he would be sent home and have to remain home for a mandatory 2 years, then he would be allowed to apply for a K3 or Cr-1. So you'd be setting yourself back at least 2-3 years.

I think you are thinking about a J1. But even in that case, the beneficiary would only have to return home if they have an HRR. And F1 can adjust after marrying a USC.

I asked USCIS about it. The laws have changed. The beneficiary of a student visa would be sent home for a mandatory 2 years after they study. It would require special circumstances to be allowed to stay as this option is no longer on the table. Other options no longer on the table include marrying on a tourist visa and just staying and filing for AOS.

[Ahmed N Cheryl 0]

Lynn have you checked with DOS lately??? I was told our security checks and final review ended on March 29th. Then I called again today and they said that it was waiting for the visa to be printed and put on passport. I pray it is true and visa is on it's way. Give them a call and see what they tell you and what they told me today was differen then yesterday. I can even get info from CHRIS.....LOL. Just ask specific questions and he will answer you.

Cheryl

[LynnandAhmed 0]

Lynn have you checked with DOS lately??? I was told our security checks and final review ended on March 29th. Then I called again today and they said that it was waiting for the visa to be printed and put on passport. I pray it is true and visa is on it's way. Give them a call and see what they tell you and what they told me today was differen then yesterday. I can even get info from CHRIS.....LOL. Just ask specific questions and he will answer you.

Cheryl

I just typed a message and lost it!!

Who is Chris???

Are you playing April Fools with me???? Printing the visa?????

Watch them mail it to Ahmed while I am in San Jose seeing Bon Jovi tomorrow and singing Have a Nice DAy....

I looked everywhere for info about the F-1 student visa and people coming here to the US and during their studies, fall in love with a US Citizen, and don't have to go back to their country for 2 years.

Now I would NEVER do it, I would NEVER cancel my K-1. I hate dishonesty, fraud and deceit, but I am thinking

that people are doing that instead of doing the longer process of k-1 or k-3.

If you haven't applied for a K-1 or K-3 yet, and want to sponser your SO so he can go to school here, then you can do it. And if you were to marry in a year, then you can do AOS. If you find any info anywhere else that says no to that,

I couldn't find it anywhere. And your F-1 visa can expire and you can renew it as long as you are in school.

If they changed doing the AOS after you marry, when did they do that?

[LynnandAhmed 0]

Found this on visa journey!!!

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status.

SOOOOOOOOOOOOOOO, I think it's all doable this way.

For those that want to do this, and not go the K-1 or K-3 route and wait for so long like many have done,

I would rather have my SO here and studying for 2 years, than in Egypt waiting for the K-1 to be approved!!!

You could live together for 2 years or more, then marry and as long as he or she keeps the F-1 in status, then there is no need to apply for AOS.

I wasn't even aware of all this until a friend pointed it out to me.

And yes, I guess it's a loophole, but people ARE doing it because it is quicker than going through a 2 year K-1 or K-3 visa process!!

If the laws have changed and this is not allowed anymore and you have to go back and live in your country even

if you are married to a US citizen, then that is definitely a new rule by USCIS.

[LynnandAhmed 0]

Hey guys!!

I also found this and I think it explains things pretty well too and it was in April 2007:

I have been studying in the United States on an F-1 for several years now. I married a United States citizen. I then left the country and reentered using my F-1 visa, not intending to immigrate at that time (I was not questioned about this by the immigration officer). However, our plans have now changed and I will be applying for permanent residence by way of adjustment of status. How soon after I enter the country can I file my application without running the risk of being accused of fraud, based on my entry as a student? When can I begin gathering the documents supporting my application?

There is no absolute answer to your question since USCIS does not have any specific guidelines on when the issue of fraud can arise in such cases. However, DOS has developed a fraud rule that they apply at United States consulates. While DOS guidance is not necessarily binding on USCIS, it carries some weight and USCIS officers tend to follow it. So let's start with that.

Here are the relevant notes from 9 FAM §40.63 of the Foreign Affairs Manual ("FAM"):

N4.7-2--Within 30-Days (TL:VISA-313; 08-27-2001)

If an alien violates his or her nonimmigrant status by adjusting status or by seeking unauthorized employment within 30 days of entry, the consular officer may presume that the applicant misrepresented his or her intention in seeking a visa or entry.

N4.7-3--After 30 days But Within 60 (TL:VISA-313; 08-27-2001)

If an alien initiates such violation of status more than 30 days but less than 60 days after entry into the United States, no presumption of misrepresentation arises. However, if the facts in the case give the consular officer reasonable belief that the alien misrepresented his or her intent, then the consular officer must give the alien the opportunity to present countervailing evidence. If the officer does not find such evidence to be persuasive, then the consular officer must submit a comprehensive report to the Department (CA/VO/L/A) for the rendering of an advisory opinion.

N4.7-4--After 60 Days (TL:VISA-313; 08-27-2001)

When violative conduct occurs more than 60 days after entry into the United States, the Department does not consider such conduct to constitute a basis for an INA 212(a)(6)©(i) ineligibility.

To summarize, the 30/60 fraud rule says that if you seek adjustment of status within 30 days of your entry, you will be presumed to have committed fraud and must provide evidence to rebut this presumption. If you seek adjustment after 30 days but within 60 days of your entry, there is no presumption but they can still accuse you of fraud. If you seek adjustment after 60 days, it would not be an issue.

So if the USCIS adopts a similar rule, my thoughts to you is to wait at least 60 days after your entry before you file your application for adjustment of status. There should be nothing wrong with gathering documentation in advance as long as you do not file the actual paperwork until at least 60 days have passed. If you really have to file before 60 days have passed (I don't recommend it), at the very least, I would wait until 30 days have passed. At least this will avoid the presumption of fraud.

I should also mention that adjustment of status is considered a privilege, not a right. It can still be denied if USCIS determines that negative factors exist, including preconceived intent to be an immigrant at the time of entry as a nonimmigrant. So if USCIS believes that you had preconceived intent to be an immigrant at the time of entry, even if you did not actually commit fraud, they can still deny your adjustment of status application as a matter of discretion.

Fortunately, as a result of Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980) immediate relatives are exempted from this potential problem. According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. So in your situation, your adjustment of status application should not be denied on the basis of preconceived intent.

[Ahmed N Cheryl 0]

Lynn no I am not joking and not playing April's Fool on you. I called DOS and "Chris" one of the operators that most here have called a closed book that refuses to give out information told me that My Ahmed's security checks have been completed and the final review finished to and the okay for visa issuance had been given that they are waiting for the visa to be printed....placed on the passport and passport to be mailed. Now my Ahmed is very excited...but I told him when I see it has been mailed and picked up by DHL then I will get excited....until then the embassy is still in full control. Who knows......maybe Chris was playing April Fool's on me. But I pray he was not and our visa is on the way soon and maybe that means yours too. I hope so. Good Luck!!

Cheryl

Edited April 2, 2008 by Ahmed N Cheryl

[radacos 0]

Nope, you can't apply for the two at the same time... and you can't adjust an F1. he would be sent home and have to remain home for a mandatory 2 years, then he would be allowed to apply for a K3 or Cr-1. So you'd be setting yourself back at least 2-3 years.

I think you are thinking about a J1. But even in that case, the beneficiary would only have to return home if they have an HRR. And F1 can adjust after marrying a USC.

I asked USCIS about it. The laws have changed. The beneficiary of a student visa would be sent home for a mandatory 2 years after they study. It would require special circumstances to be allowed to stay as this option is no longer on the table. Other options no longer on the table include marrying on a tourist visa and just staying and filing for AOS.

Julianna, are you sure about this? Here is what I found in the instruction for filling out I-485 (the Adjustment of Status form):

http://www.uscis.gov/files/form/i-485instr.pdf

Unless you are applying for creation of record based oncontinuous residence since before January 1, 1972, oradjustment of status under a category in which specialrules apply (such as 245(i) adjustment, asylumadjustment, Cuban adjustment, special immigrant juvenileadjustment, or special immigrant military personneladjustment), you are not eligible for adjustment ofstatus if any of the following apply to you:

10. Who Is Not Eligible to Adjust Status.

C. You were not admitted or paroled following inspectionby an immigration officer;

A. You entered the United States in transit without a visa;

B. You entered the United States as a nonimmigrantcrewman;

You may apply for permanent residence if you havecontinuously resided in the United States since beforeJanuary 1, 1972. This is known as "Registry."

Form I-485 Instructions (Rev. 07/30/07)Y Page 2

D. Your authorized stay expired before you filed thisapplication;

E. You were employed in the United States, withoutUSCIS authorization, prior to filing this application;

F. You failed to maintain your nonimmigrant status,other than through no fault of your own or fortechnical reasons; unless you are applying becauseyou are:

1. An immediate relative of a United States citizen(parent, spouse, widow, widower or unmarriedchild under 21 years old);

2. A K-1 fiancé(e) or a K-2 fiancé(e) dependent whomarried the United States petitioner within 90 daysof admission; or

3. An H or I nonimmigrant or special immigrant(foreign medical graduates, internationalorganization employees or their derivative familymembers);

7. You were admitted as a K-1 fiancé(e), but did not marrythe U.S. citizen who filed the petition for you, or youwere admitted as the K-2 child of a fiancé(e) and yourparent did not marry the United States citizen who filedthe petition;

10. You were admitted to Guam as a visitor under the Guamvisa waiver program;

9. You have A, E or G nonimmigrant status or have anoccupation that would allow you to have this status,unless you complete Form I-508 (I-508F for Frenchnationals) to waive diplomatic rights, privileges andimmunities and, if you are an A or G nonimmigrant,unless you submit a completed Form I-566;

8. You are or were a J-1 or J-2 exchange visitor and aresubject to the two-year foreign residence requirement andyou have not complied with or been granted a waiver ofthe requirement;

12. You are already a conditional permanent resident.

11. You were admitted to the United States as a visitor underthe Visa Waiver Program, unless you are applyingbecause you are an immediate relative of a U.S. citizen(parent, spouse, widow, widower or unmarried childunder 21 years old); or

(sorry about the wacky formatting!) It doesn't mention anything about F (student) or B (tourist) visas.

The two-year home residency requirement applies only to (some, not all) J-1 and J-2 visas. And yes, some people do come to the US to study on a J visa; but F-1s are clearly not subject to this requirement, and people can and do adjust from an F-1 to permanent residency (I did). I don't think the rules have changed -- the instructions would have been updated, and there would have been a huge scandal, especially in the immigration community, for sure!

[radacos 0]

SOOOOOOOOOOOOOOO, I think it's all doable this way.

For those that want to do this, and not go the K-1 or K-3 route and wait for so long like many have done,

I would rather have my SO here and studying for 2 years, than in Egypt waiting for the K-1 to be approved!!!

You could live together for 2 years or more, then marry and as long as he or she keeps the F-1 in status, then there is no need to apply for AOS.

I wasn't even aware of all this until a friend pointed it out to me.

And yes, I guess it's a loophole, but people ARE doing it because it is quicker than going through a 2 year K-1 or K-3 visa process!!

If the laws have changed and this is not allowed anymore and you have to go back and live in your country even

if you are married to a US citizen, then that is definitely a new rule by USCIS.

Lynn, while this may be *technically* doable, it is not, by any means, a piece of cake. Your SO would have to gain admission to a college in the US; this entails obtaining and translating transcripts, preparing for and passing the TOEFL test, composing a personal statement and proving financial solvency. Then, your SO would have to pass the interview; F-1 visas are granted on the basis of the likelihood that the applicant will return to their home country after studying in the US. If the applicant has significant assets in their home country (money, real estate, etc.), the embassy will consider it more likely that s/he will return. However, if you need to sponsor your SO's education here, the consulars will raise an eyebrow; you can be sure that they will question why a single, American woman who is not a family member is sponsoring them. Given that MENA countries tend to be viewed unfavorably in terms of immigration fraud, I think it's very unlikely that the gamble would succeed.

All this aside, of course, applying for a nonimmigrant visa while intending to immigrate is fraud.