Starting Visa Process - Also wants to study English here!

[DrewG84 0]

Hi everyone,

I just got engaged to my Brazilian girlfriend and I'm new to this forum, looking for answers.

We are debating getting married here via a K1 fiance visa, or getting married in Brazil via a K3.

My question is if the following is possible:

My fiance wants to take an English course at a university here in the US from January-March 2010. She will either need a student visa, or already have the fiance visa to do this. If she is still waiting for the fiance visa to be sent from the NVC to Brazil, is she allowed to travel outside of the country? Or, is it possible that if I begin the process now, she will be able to get the fiance visa, come here and take this course?

Thanks!

Drew

[Jauque 1]

Hi everyone,

I just got engaged to my Brazilian girlfriend and I'm new to this forum, looking for answers.

We are debating getting married here via a K1 fiance visa, or getting married in Brazil via a K3.

My question is if the following is possible:

My fiance wants to take an English course at a university here in the US from January-March 2010. She will either need a student visa, or already have the fiance visa to do this. If she is still waiting for the fiance visa to be sent from the NVC to Brazil, is she allowed to travel outside of the country? Or, is it possible that if I begin the process now, she will be able to get the fiance visa, come here and take this course?

Thanks!

Drew

It generally takes 6-8 months for a fiance visa so I think January would be out of the question. She could apply for a student visa but then when it was over she would have to go back to Brazil to start the K-1 process. CR1/IR1 is generally considered preferable to the K3 if you decide to go that route.

Good luck!!

Edited August 7, 2009 by Jauque

[Gary and Alla 3,694]

Hi everyone,

I just got engaged to my Brazilian girlfriend and I'm new to this forum, looking for answers.

We are debating getting married here via a K1 fiance visa, or getting married in Brazil via a K3.

My question is if the following is possible:

My fiance wants to take an English course at a university here in the US from January-March 2010. She will either need a student visa, or already have the fiance visa to do this. If she is still waiting for the fiance visa to be sent from the NVC to Brazil, is she allowed to travel outside of the country? Or, is it possible that if I begin the process now, she will be able to get the fiance visa, come here and take this course?

Thanks!

Drew

I wouldn't bet on having a fiancee visa in hand by January at this point. It is best to figure 6 months minimum from filing to visa in hand. You can plan accordingly. A student visa would not affect her receiving a fiancee visa later

Hi everyone,

I just got engaged to my Brazilian girlfriend and I'm new to this forum, looking for answers.

We are debating getting married here via a K1 fiance visa, or getting married in Brazil via a K3.

My question is if the following is possible:

My fiance wants to take an English course at a university here in the US from January-March 2010. She will either need a student visa, or already have the fiance visa to do this. If she is still waiting for the fiance visa to be sent from the NVC to Brazil, is she allowed to travel outside of the country? Or, is it possible that if I begin the process now, she will be able to get the fiance visa, come here and take this course?

Thanks!

Drew

It generally takes 6-8 months for a fiance visa so I think January would be out of the question. She could apply for a student visa but then when it was over she would have to go back to Brazil to start the K-1 process. CR1/IR1 is generally considered preferable to the K3 if you decide to go that route.

Good luck!!

Actually, they could start the K-1 process now or when she is here on a student visa. She would only have to go back to Brazil for her interview.

[Ju_Dan 0]

I'm facing a similar situation. Can't believe I found this site and this post. God bless the internet

Brazilian girlfriend and I recently got engaged. She's planning to move up here permanently in December/January and wants to take university classes starting in January (university here has indicated that application shouldn't be an issue - she's currently at a University in Brazil with good grades, good work experience, her family's wealthy and I make a bunch of money as well). We haven't figured out the immigration issues yet.

She currently has a valid tourist visa. She has not yet completed the university transfer admissions process and does not yet have a student visa.

If she hasn't yet applied for the student visa, can she apply now for the K1 fiance visa and then while that is processing obtain a student visa and enter the US in December on that, or does an open fiance visa application prohibit her from obtaining a student visa and using that to enter the country?

One post indicates that she could apply for the K1 fiance visa while she is here on the student visa and then would only have to return to Brazil for the interview. Do we have to go that route and wait to file for the K1, or can we apply for it now?

If she were here on a student visa and we got married, would there be any way to just change her visa status or something so that she can stay permanently? Returning to Brazil for an interview is okay, but we're set on her moving here at the end of the year.

Thanks in advance for any advice! Sorry for the wordy post.

-Dan

[DrewG84 0]

Hey Dan,

Looks like we have very similar situations. I'm in Atlanta now but I am originally from Boston

From what I've been reading, mixing the student visa with any type of visa is a bad idea. The student visa is intended for foreigners who show true intention to return to their home, and if during the interview they sense any intentions of getting married in the US, she will get denied. I'm not sure but this is what I have gathered from reading this site.

A similar question: Can the fiance travel to the US on a tourist visa while she is waiting for the K1 visa interview?

Thanks,

Drew

I'm facing a similar situation. Can't believe I found this site and this post. God bless the internet

Brazilian girlfriend and I recently got engaged. She's planning to move up here permanently in December/January and wants to take university classes starting in January (university here has indicated that application shouldn't be an issue - she's currently at a University in Brazil with good grades, good work experience, her family's wealthy and I make a bunch of money as well). We haven't figured out the immigration issues yet.

She currently has a valid tourist visa. She has not yet completed the university transfer admissions process and does not yet have a student visa.

If she hasn't yet applied for the student visa, can she apply now for the K1 fiance visa and then while that is processing obtain a student visa and enter the US in December on that, or does an open fiance visa application prohibit her from obtaining a student visa and using that to enter the country?

One post indicates that she could apply for the K1 fiance visa while she is here on the student visa and then would only have to return to Brazil for the interview. Do we have to go that route and wait to file for the K1, or can we apply for it now?

If she were here on a student visa and we got married, would there be any way to just change her visa status or something so that she can stay permanently? Returning to Brazil for an interview is okay, but we're set on her moving here at the end of the year.

Thanks in advance for any advice! Sorry for the wordy post.

-Dan

[Ju_Dan 0]

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

Seems like maybe the K1 applicant can visit, but they still need to demonstrate that they aren't staying permanently at that point...if this person is applying from London, I guess it might differ from Brazil

Still need to research this a lot more...I'm going to try and find a good immigration lawyer to discuss this stuff with as well.