K-1 or F-1

[scandal 951]

conny, you're obviously intent on going for the F1.

So, go for it. All we are doing here is offering our opinions. If you don't like them, do as you see best.

What you may consider doing is posting back on VJ afterward, so we know how it went and whether you were successful. Not so much to satisfy our curiosity, but for the benefit of future people who may wander into this thread, follow the discussion, and learn your outcome and apply it to their own case.

This was my very first post ever on VJ. I was concerned about how a Buddhist ceremony, not a legal marriage, would be perceived by embassy officials in Thailand and would they deny a K1 fiancee visa on that basis.

Even though I had done my research, even had an email response from the Embassy that confirmed it was ok to have such a ceremony, I was worried. So I posted on VJ, got advice from some people that I have come to respect here tremendously (pushbrk, KimAndRuss). The consensus was that I was taking a risk, could have our K1 petition denied at interview, and why chance it? But.. they also told me that if I had my heart set on this path, I should go ahead. Pretty much what we're telling you now.

Well, here we are a year later, we did have our Buddhist wedding ceremony last September, and she just had her interview on Monday, and PASSED! And the subject of the ceremony never even came up.

Should we have 'chanced it'? Well apparently, this was the right decision for us.

Maybe an F1 filing is the right decision for you.

If I were in your shoes, I probably wouldn't do it, but I'm not in your shoes.

Just as pushbrk and KimAndRuss were not in mine, a year ago.

Good luck!

[Marina-Del 10]

Good post Scandal!

And I agree. Conny, it would be great if you could let us all know how it went. I sincerely hope that it works out for you, whatever you end up doing, but so that future posters will know the outcome (and so that us here who stick around and try to help people with our advice can give better advice in the future) it'd be great to know how this all comes up. If the F-1 is approved or denied or whatever.

Good luck!

[conny 0]

Just a note why use an f1 when you have to go home for 2 years it doesn't make sense to me. I just think you should do the k1. Just my opinion but the government will turn you down for the littlest things. I say don't mess with it take the k1 and go to school when your done. I have researched until I'm almost blind from reading trying to find a way to be with my fiance and because i am a student here in Canada I was going to go that route before we decided we wanted to be together until I found out you have to go home for 2 years. Anyway good luck and hope what ever you decide everything goes really well for you!

LandRStepp, 2 year rule only applies if you don't change status after your studies are done. If you change in the process (like we want to do) to say, K1 because it can be done in parallel, then you don't have any problem - F1 will just be invalidated as soon as you receive K1 and all its provisions will be void.

[SCFsnoopy 0]

Just wanted to chime in real quick and say that previous good behaviour in leaving the US on time, not overstaying visa etc. doesn’t really mean much at the POE. I had a perfectly clean record of leaving the US twice before I came in on the VWP last July (the first time I entered was on VWP about 12 years ago, the second time on a J-1 visa in ’07-’08) and I still got grilled by the DHS officers.

I could have gotten married while still on my J-1 and most likely would’ve AOS’d successfully as I did not even know my fiancé when I entered, but I didn’t. I left when I was supposed to. We did not even have any intent to marry when I came back in July but four officials still made me do a lot of talking and show a lot of evidence of homeland ties before letting me through – I honestly think they didn’t want to but they couldn’t pin anything on me in the end.

[LandRStepp 0]

Just a note why use an f1 when you have to go home for 2 years it doesn't make sense to me. I just think you should do the k1. Just my opinion but the government will turn you down for the littlest things. I say don't mess with it take the k1 and go to school when your done. I have researched until I'm almost blind from reading trying to find a way to be with my fiance and because i am a student here in Canada I was going to go that route before we decided we wanted to be together until I found out you have to go home for 2 years. Anyway good luck and hope what ever you decide everything goes really well for you!

LandRStepp, 2 year rule only applies if you don't change status after your studies are done. If you change in the process (like we want to do) to say, K1 because it can be done in parallel, then you don't have any problem - F1 will just be invalidated as soon as you receive K1 and all its provisions will be void.

[LandRStepp 0]

thank you for telling me that because I didn't know I still have a lot to figure in my position to. I have had so much bad advice from lawyers trying to get my money. But I did beleive that they still would have to go home if not thats great!

Sincerely,

LeahandRobert Stepp

[alex and astrid 38]

Just a note why use an f1 when you have to go home for 2 years it doesn't make sense to me. I just think you should do the k1. Just my opinion but the government will turn you down for the littlest things. I say don't mess with it take the k1 and go to school when your done. I have researched until I'm almost blind from reading trying to find a way to be with my fiance and because i am a student here in Canada I was going to go that route before we decided we wanted to be together until I found out you have to go home for 2 years. Anyway good luck and hope what ever you decide everything goes really well for you!

LandRStepp, 2 year rule only applies if you don't change status after your studies are done. If you change in the process (like we want to do) to say, K1 because it can be done in parallel, then you don't have any problem - F1 will just be invalidated as soon as you receive K1 and all its provisions will be void.

I was under the impression that the two year rule only applied to J1 visas. They don't apply to F1 visas, do they? On my F1, and at my interview, it didn't say anything about a two year rule.

[conny 0]

Scandal,

I have few questions about your timeline (if anyone else has comments, feel free to jump in):

Arrived at NVC 2009-01-22

How do you know that?

Left NVC 2009-03-13 (stuck AP @NVC for 50 days)

What's AP and why was it stuck?

Packet 3 received 2009-04-02

Received in the consulate? Again, how do you know when? 3 weeks? Why so long?

Packet 3 returned 2009-04-03

Again, how do you know when? Why returned?

Packet 4 received 2009-05-28

What is packet 4?

[Nik+Heather 121]

Scandal,

I have few questions about your timeline (if anyone else has comments, feel free to jump in):

Arrived at NVC 2009-01-22

How do you know that?

Left NVC 2009-03-13 (stuck AP @NVC for 50 days)

What's AP and why was it stuck?

Packet 3 received 2009-04-02

Received in the consulate? Again, how do you know when? 3 weeks? Why so long?

Packet 3 returned 2009-04-03

Again, how do you know when? Why returned?

Packet 4 received 2009-05-28

What is packet 4?

Arrived at NVC: NVC sends a letter to the petitioner with arrival date

Letf NVC: You can tell this by calling them. They will tell you when they sent it out

Arrived at Consulate: Search the forums for "DHL tracking" With the date left NVC, you can track the diplomatic pouch.

Packet 3 is an instruction packet that some consulates issue to the beneficiary. You know you got it when it comes in the mail.

Packet 3 generally has you (beneficiary) return forms to the consulate and an indication that you are ready for an interview (Remembering fuzzily what Gary and Alla said, this is not the process for your consulate).

Packet 4 is the interview letter.

AP - Administrative Processing can happen at the NVC OR Consulate stage. This is a catch all for all sorts of things, generally some sort of "security checks" Basically, any time your file gets flagged for additional investigation.

This post is really off topic, so maybe a different topic, or more research is needed.

Edited July 2, 2009 by Nik+Heather

[Chica Yeyé 41]

This post is really off topic, so maybe a different topic, or more research is needed.

Yah think?????