Getting a student visa and a K-3?

[Night_owl 0]

Dear Visajourney,

I was wondering if the following scenario was feasible or not. My fiancee really wants to study English in the United states for a year or so, and after that we might go back to Asia. Given the circumstances, would it be possible to get married in her home country, apply for a k-3, but for her to come here not as a permanent resident but a full time student on a student visa while waiting for the K-3 application to go through? She would come here as a student anyways (we already picked a school), so it would be OK if she didn't have full time residency status by marriage yet. Thanks so much!

[canadian_wife 1,829]

Unlikely. As someone who has gone through the F-1 process, you MUST show that you do not intend to immigrate to the US. Since an F-1 is a non-immigrant visa, the beneficiary must show that after their F-1 expires, they will return to their home country - not the case if a K-3 is pending and the beneficiary is married to a US citizen. they will likely just tell you to wait for the K-3

And it's not as easy as just picking a school - the student must be formally accepted to the school and the school will issue documentation to USCIS for the beneficiary to apply for the F-1, which is done in the home country.

Best bet - get married, and wait for the green card.

PS if you haven't applied yet, go for the Cr-1, in my opinion it is the superior visa.

[Night_owl 0]

They can however come in on a tourist visa can they not? south Koreans may stay in the US for up to about 3 months on a tourist visa. Although it requires leaving the country for a bit, coming back again for another consecutive three months helps the issue.

[canadian_wife 1,829]

Yes, she can visit. Admittance and duration is up to the CBP

Good luck.