Quasi K-1/F-1 question

[TazMan 0]

I am a first time poster here but I’ve been down the DCF route before. I divorced a few years ago. Recently I met a woman (in her home country) who is will be coming to the US on a student visa via a mutual friend. My friend introduced me to this woman to help her improve her English. At the time we first met she was married. She has apparently divorced since then. Our mutual friend has said she definitely expressed interest in me.

This is where it gets a little complicated as if it wasn’t already. Since she is coming here on a student visa (F-1) and something to were to develop seriously between us, as I understand she could adjust status while here and possibly not have to go back. However if that were to happen would it seems likely that there might be some question regarding her intent to come to the US was not for school but to marry me which is not the case.

I don’t know if her visa has any “must return home clause” but if it did, would that still be applicable if we got married and went to adjust status? If so how does it typically work? Is there a certain waiting period she must go back for?

I thought about another option (assuming I am right about the potential for a serious relationship with this woman) would be if we did fall in love, that I could file a K-1 while she is here. It might possibly work its way through the system about the time she might be going back home. She could then to the interview in her home country and maybe come back to the US shortly. This would likely eliminate any chance the USCIS insinuation that there was any type of fraud going on. If she still happened to be in the US when her interview came up, could she possibly go to the interview in the US?

I don’t want to do anything illegal or even remotely shady. I have no intent to game the system as then it gets screwed up for everyone. Additionally I work for a very prestigious firm and I have to abide by a very strict code of ethics. If I had some sort of issue with the government I could potentially lose my job.

While there is no marriage plans at the moment, there is definitely serious interest I believe on each of our parts that could lead to something deeper than we currently have. I want to make sure I tread carefully around the immigration minefield. It doesn’t seem like there is typically too much of an issue to adjust status on a F-1 student visa other than to prove it is a bonafide relationship. I am just worried there might be an issue because I’ve previously met her. Compounding the fact is she will be going to a school near where I live. She was also accepted to another school that isn’t so close and if it an issue, I might be able to ask her to transfer. She’ll be starting school next year. I just want to be prepared in case our relationship expands beyond friendship. So do any of you have a better idea of how I might be able to approach this?

FYI- I did look through the guides and searched the forum but couldn't find anything really relevant other than getting married and then adjusting status.

[SunDrop 59]

Hi there

I understand that you are anxious to do everything you can to keep the process as smooth and easy as possible should this relationship come to fruition.

I think people may be struggling to proffer opinions when so much of your process seems tentative, including the relationship itself.

Do you know how long her F1 is valid for? You could possibly circumvent the whole 'we married to keep her in the country' scenario by getting married and waiting to file the AOS. There is nothing to say that you can be married and her be her on her F1 status. Sure, there are advantages to AOS, so she can work for example but getting married and waiting to AOS is usually a good indication that you married for marriage sake and not to keep her here.

Sounds to me as though at the moment, she is an acquaintance who is choosing to study in the US and understandably, gets in touch with someone she already knows in a foreign country. Sounds also as though you might come to realise that there are mutual feelings and begin dating. Then you decide as a couple that you want to get married, so you do. In a calm and timely fashion, you file her AOS.

Yes, some F1 visas have a condition of returning home attached to them. Hard to say without knowing where she's from. I believe, but I'm far from certain, so do some research, that waivers can be applied for exempting the beneficiary from the condition but I suspect this wouldn't remove the need to return completely, but rather shorten the time? As I said, this is from scant memory, not active research. Try searching in the AOS from F1 etc forum and see what it turns up.

There's nothing illegal about a relationship growing from a mutual acquaintance and filing AOS because you decide to get married. There is some argument that material misrepresentation would come into effect if she got an F1 in order to come here to get married and adjust, but you've stated this isn't the case.

[Gary and Alla 3,694]

I am a first time poster here but I’ve been down the DCF route before. I divorced a few years ago. Recently I met a woman (in her home country) who is will be coming to the US on a student visa via a mutual friend. My friend introduced me to this woman to help her improve her English. At the time we first met she was married. She has apparently divorced since then. Our mutual friend has said she definitely expressed interest in me.

This is where it gets a little complicated as if it wasn’t already. Since she is coming here on a student visa (F-1) and something to were to develop seriously between us, as I understand she could adjust status while here and possibly not have to go back. However if that were to happen would it seems likely that there might be some question regarding her intent to come to the US was not for school but to marry me which is not the case.

I don’t know if her visa has any “must return home clause” but if it did, would that still be applicable if we got married and went to adjust status? If so how does it typically work? Is there a certain waiting period she must go back for?

I thought about another option (assuming I am right about the potential for a serious relationship with this woman) would be if we did fall in love, that I could file a K-1 while she is here. It might possibly work its way through the system about the time she might be going back home. She could then to the interview in her home country and maybe come back to the US shortly. This would likely eliminate any chance the USCIS insinuation that there was any type of fraud going on. If she still happened to be in the US when her interview came up, could she possibly go to the interview in the US?

I don’t want to do anything illegal or even remotely shady. I have no intent to game the system as then it gets screwed up for everyone. Additionally I work for a very prestigious firm and I have to abide by a very strict code of ethics. If I had some sort of issue with the government I could potentially lose my job.

While there is no marriage plans at the moment, there is definitely serious interest I believe on each of our parts that could lead to something deeper than we currently have. I want to make sure I tread carefully around the immigration minefield. It doesn’t seem like there is typically too much of an issue to adjust status on a F-1 student visa other than to prove it is a bonafide relationship. I am just worried there might be an issue because I’ve previously met her. Compounding the fact is she will be going to a school near where I live. She was also accepted to another school that isn’t so close and if it an issue, I might be able to ask her to transfer. She’ll be starting school next year. I just want to be prepared in case our relationship expands beyond friendship. So do any of you have a better idea of how I might be able to approach this?

FYI- I did look through the guides and searched the forum but couldn't find anything really relevant other than getting married and then adjusting status.

Read that part agin...it is exactly relevent to you and you need nothing else.

She can adjust status from an F-1. No need for any other visa. Read the guides, check the "adjusting status from student visas, etc., forum. People often confuse the intent of visas also. The K-1 is a postage stamp, that is ALL it is. It delivers the fiancee to the US and is CANCELLED upon their arrival and replaced with a 90 day visitor pass, the I-94. It also allows you to adjust status if the fiancee marries the petitioner within 90 days. It is actually more restrictive than the F-1. Adjusting from the F-1 requires you had no intent to marry when she arrived...no problem, F-1s are for students, obviously her intent is to attend school, NOT get married.

Despite what you may believe, very few people have unusual situations and this site has a wealth of information, far more than any member can give you in any answer to any question. The best answer I can give you is...read the guides. Read them carefully.

[Gary and Alla 3,694]

The residency rule applies if her government paid for her education, otherwise there is no residency rule. It will be on her visa. The state Department can grant a waiver to this (they do not have to and do not always and it is in conjunction with her government also) This does not rule out you marrying her or adjustign status, but without a waiver she WILL have to return to her country for 2 years and may lose her status and have to re-apply later under a CR-1 (if she has a residency requirement) Understandably, if her government pays for her education, they want to get some benfit from it and want her back! We personally know a couple who did this. Married, adjusted status, went to live in Poland for two years and did a DCF to return.

[TazMan 0]

Thanks for all the help so far. I am trying to not put the cart before the horse so to speak concerning the relationship. She and is paying for her own education and if needed her family will help a bit.

As it seems, there would be no reason to file a K-1 if she is here on the F-1 and love somehow blossoms and we decide to get married here. It seems though that if we do that the USCIS might ask her if we had an existing relationship. It seems like in that somehow we'd have to prove that we had no plans or intent to marry even though we previously knew each other.

Additionally we could apply for a K-1 if the relationship gets to that point but in reality it would be a waste of money it seems. I appreciate all the feedback so far. It really does seem like the K-1 is just a postage stamp to get someone here.

The reason I asked about the return issue is I had met a couple while I was working Russia who had met while she was on a student visa at a master's program at Boston College. She had to return to Tomsk for 2 years and he moved back to be with here. I didn't pay much attention to the details at the time but for him to move to Siberia for 2 years was definitely an act of love!

As for my situation I don't think she'll have any stipulation regarding that since it isn't government funded education. I don't know when her interview date or even has been set but she is supposed to start school early next year. I just want to make sure that I don't do anything that could cause issues later.

I'd imagine it wouldn't be wise for her to say anything about meeting me earlier when she goes for her student visa interview. I think it is best to never answer questions that haven't been asked. Nor will I encourage her to lie about anything either. Thanks again for all the prompt feedback.

Gary - is your wife a big soccer (futbol) fan? Donetsk has a great team. I saw a great game between them (Shakhtar and Kyiv Dynmamo) a while back. The Donetsk fans easily rivaled the most rabid British fans I've ever met.

Edited November 14, 2009 by TazMan

[Cally & Blue 0]

As others have said - if it gets to where you want to get married, do so and then file for AOS.

There's no point in filing a K1 as she's already there, but even if you did she'd have to return to her home country anyway to do her part of the filing and her interview at the embassy. Big waste of money to be honest (visa fees, plane tickets...).

Unless she has to return as part of her F1 conditions, in which case you should be able to start filing before she goes home, then she can complete her part when she gets back to her country, attends interview then comes back to you