Former F-1 Students petitioning for K-1

[alex and astrid 38]

Hello everyone!

A bit of background on myself first - I'm an Australian currently living in the U.S. on an F1 visa, I have lived here for two years with my soon-to-be finance. We have been dating for 3 1/2 years. I graduate in May and then I will go back home to Australia while we do the K1 process.

My question to you all, has anyone else been in a situation like mine? Did it effect your K1 process? I know it will affect the type of evidence of having met/ongoing relationship (we have our apartment lease together, photos, plane tickets of flying together and to see each other etc). We don't really have anything like birthday cards or letters, there are some postcards I have sent him while I visited home but thats it. We also don't have things like MSN or AIM chats because neither of us have the computers we used before I moved out here. Do they check things like Facebook if we provided the link or screencaps?

Thank you for any help!

[pushbrk 13,268]

Hello everyone!

A bit of background on myself first - I'm an Australian currently living in the U.S. on an F1 visa, I have lived here for two years with my soon-to-be finance. We have been dating for 3 1/2 years. I graduate in May and then I will go back home to Australia while we do the K1 process.

My question to you all, has anyone else been in a situation like mine? Did it effect your K1 process? I know it will affect the type of evidence of having met/ongoing relationship (we have our apartment lease together, photos, plane tickets of flying together and to see each other etc). We don't really have anything like birthday cards or letters, there are some postcards I have sent him while I visited home but thats it. We also don't have things like MSN or AIM chats because neither of us have the computers we used before I moved out here. Do they check things like Facebook if we provided the link or screencaps?

Thank you for any help!

Your apartment lease, visa and passport stamps are plenty of evidence you've met in person.

You also have the option of simply marrying and adjusting status to Legal Permanent Resident.

[Soancika+Brian 0]

Hello everyone!

A bit of background on myself first - I'm an Australian currently living in the U.S. on an F1 visa, I have lived here for two years with my soon-to-be finance. We have been dating for 3 1/2 years. I graduate in May and then I will go back home to Australia while we do the K1 process.

My question to you all, has anyone else been in a situation like mine? Did it effect your K1 process? I know it will affect the type of evidence of having met/ongoing relationship (we have our apartment lease together, photos, plane tickets of flying together and to see each other etc). We don't really have anything like birthday cards or letters, there are some postcards I have sent him while I visited home but thats it. We also don't have things like MSN or AIM chats because neither of us have the computers we used before I moved out here. Do they check things like Facebook if we provided the link or screencaps?

Thank you for any help!

Hi, if you came to the USA with no intent to get married and met your soon to be husband here, the best choise is to file I-130 concurrently with I-485, in that case you wouldn't need to go back. That's what we did. I had F-1 as well.

[Soancika+Brian 0]

Is your fiance a USC ?

[alex and astrid 38]

Is your fiance a USC ?

yes, born and bred in california!

[alex and astrid 38]

Your apartment lease, visa and passport stamps are plenty of evidence you've met in person.

You also have the option of simply marrying and adjusting status to Legal Permanent Resident.

We did consider this, but while we are adjusting status, I would still have to maintain my legal status of an F1, and I can't afford to pay yet another semester of $4000 in school fees. If I go home, I am able to work full time and be with my family, although it won't be fun being apart for 6 months or so.

[Soancika+Brian 0]

Your apartment lease, visa and passport stamps are plenty of evidence you've met in person.

You also have the option of simply marrying and adjusting status to Legal Permanent Resident.

We did consider this, but while we are adjusting status, I would still have to maintain my legal status of an F1, and I can't afford to pay yet another semester of $4000 in school fees. If I go home, I am able to work full time and be with my family, although it won't be fun being apart for 6 months or so.

Hi,

As i mentioned i had F-1 as well. While we got everything ready for our wedding i overstayed a little. You should't worry about that. USCIS will forgive that. If you can live with out him for 6 or more months ,than you can go back and wait in your country.You only would't be allowed to work for 2-3 months till you get your EAD. It's all up to you that you want to do now. I decided to stay with my love.

[alex and astrid 38]

Hi,

As i mentioned i had F-1 as well. While we got everything ready for our wedding i overstayed a little. You should't worry about that. USCIS will forgive that. If you can live with out him for 6 or more months ,than you can go back and wait in your country.You only would't be allowed to work for 2-3 months till you get your EAD. It's all up to you that you want to do now. I decided to stay with my love.

As much as I want to stay, the finances won't allow it. I also don't want to risk an overstay. Call me paranoid but I deal with F1 students every day at my school and way too many of them have run afoul of immigration. We've gone without seeing each other for 5-6 months at a time before, but like I said it still will be hard.

How long did your change of status take, just out of interest? Did USCIS give you any hassle for being an F1?

[pushbrk 13,268]

Hi,

As i mentioned i had F-1 as well. While we got everything ready for our wedding i overstayed a little. You should't worry about that. USCIS will forgive that. If you can live with out him for 6 or more months ,than you can go back and wait in your country.You only would't be allowed to work for 2-3 months till you get your EAD. It's all up to you that you want to do now. I decided to stay with my love.

As much as I want to stay, the finances won't allow it. I also don't want to risk an overstay. Call me paranoid but I deal with F1 students every day at my school and way too many of them have run afoul of immigration. We've gone without seeing each other for 5-6 months at a time before, but like I said it still will be hard.

How long did your change of status take, just out of interest? Did USCIS give you any hassle for being an F1?

F1 students in a bona fide marriage with a US Citizen, who otherwise qualify for adjusting status are not penalized for overstaying their visas. It sounds like your finances are the key issue here, so even if you could stay and do AOS you need to leave to work.

[sk28 1]

Going back and do the K-1 is not the right way. This is why you are allowed to adjust. When you get married and file your I-130 and I-485 you are not out of status you are waiting for your visa approval, and you do not have to maintain F-1, while waiting you can apply for EAD and I-131 which will let you go to Australia and visit your family and come back. If I were you I would adjust it is faster and cheaper. Also, F-1 holders if they have been in the US for longer time have less problems at the interviews. I adjusted from F-1 and my case was approved in 4 months and the we where at interview for 10 min max. asked just basic questions.

[pushbrk 13,268]

Going back and do the K-1 is not the right way. This is why you are allowed to adjust. When you get married and file your I-130 and I-485 you are not out of status you are waiting for your visa approval, and you do not have to maintain F-1, while waiting you can apply for EAD and I-131 which will let you go to Australia and visit your family and come back. If I were you I would adjust it is faster and cheaper. Also, F-1 holders if they have been in the US for longer time have less problems at the interviews. I adjusted from F-1 and my case was approved in 4 months and the we where at interview for 10 min max. asked just basic questions.

Both ways are perfectly "right" and legal but it sounds like the couple's financial priorities dictate the K1 route.

[Soancika+Brian 0]

Hi,

As i mentioned i had F-1 as well. While we got everything ready for our wedding i overstayed a little. You should't worry about that. USCIS will forgive that. If you can live with out him for 6 or more months ,than you can go back and wait in your country.You only would't be allowed to work for 2-3 months till you get your EAD. It's all up to you that you want to do now. I decided to stay with my love.

As much as I want to stay, the finances won't allow it. I also don't want to risk an overstay. Call me paranoid but I deal with F1 students every day at my school and way too many of them have run afoul of immigration. We've gone without seeing each other for 5-6 months at a time before, but like I said it still will be hard.

How long did your change of status take, just out of interest? Did USCIS give you any hassle for being an F1?

Hi,

We filled I-130 and AOS ,EAD in December . No problems, no RFE, biometrics done , just waiting for our interview now.

And sk28 is right if you file the AOS and get the NOA1 then your status is pending and you dont't have to maintain your F-1. The only problem is if you overstay a little ,could be AP, even if you got it it would be dangerous to travel. But if you fille your papers before your visa expires you are good. Good luck with everything!! You can't go wrong with both ways

P.S USCIS is not going to give you or me any hassle for having F-1 .

[alex and astrid 38]

Going back and do the K-1 is not the right way. This is why you are allowed to adjust. When you get married and file your I-130 and I-485 you are not out of status you are waiting for your visa approval, and you do not have to maintain F-1, while waiting you can apply for EAD and I-131 which will let you go to Australia and visit your family and come back. If I were you I would adjust it is faster and cheaper. Also, F-1 holders if they have been in the US for longer time have less problems at the interviews. I adjusted from F-1 and my case was approved in 4 months and the we where at interview for 10 min max. asked just basic questions.

Both ways are perfectly "right" and legal but it sounds like the couple's financial priorities dictate the K1 route.

Thankyou! Thats what I was thinking. Also taking into account that we are not officially engaged yet, which is going to happen in the next few months, we are not ready to get married right now. Doing the K1 gives us that time and allows me to save money so we can start married life comfortably. It also gives our family and friends time to get organised to come out here and see us get hitched

Please, I just want advice from people who have similar experiences to us, not to be told what we are doing is right or wrong.

[sk28 1]

Well I am sorry I guess I should not have used This is not right. YOu can do what ever you want to. Basicly, you will not have any problems if you have never been out of status and apply for K-1. You will have to wait usually for 6 months to have a K-1. You will have a very good evidence for why they should give you the K-1 as you lived together. Also, you could look at OPT after you graduate and get a EAD for a year after you graduate and work in the USA, you can contact your International office. But if you have a firm job offer from Australia than you should do K-1 as it is not easy to get a job in US as a recent graduate right now.

Edited January 26, 2009 by sk28

[alex and astrid 38]

Well I am sorry I guess I should not have used This is not right. YOu can do what ever you want to. Basicly, you will not have any problems if you have never been out of status and apply for K-1. You will have to wait usually for 6 months to have a K-1. You will have a very good evidence for why they should give you the K-1 as you lived together. Also, you could look at OPT after you graduate and get a EAD for a year after you graduate and work in the USA, you can contact your International office. But if you have a firm job offer from Australia than you should do K-1 as it is not easy to get a job in US as a recent graduate right now.

Yeah, OPT is not an option I want to try as I'm not garaunteed a job here, whereas I prety much have a job lined up back home.