Student visa, or get married and apply for permanent residence?

[catherine.85 0]

Hi everyone

I've just joined this forum and am really happy with all the great advice on here! But I am having some trouble figuring out what to do in my own situation and I thought I'd post a question to see if anyone can help me

I'm a Canadian citizen with a US citizen boyfriend. My boyfriend and I are hoping to live together in his house in the US and get married at some point in the future (we're not yet engaged). I also want to do a 2 year school program either in the US or Canada that begins in September. We’ve researched types of visas and I’ve come up with two different plans that I think could work, although they both have complications. I’m interested in getting some feedback and hearing what people think the best option would be.

Idea 1:

I could apply for an F1 student visa and go to school in the US starting September while living with my boyfriend. We’d like to get married next summer, and adjust my status from F1 Visa to permanent resident. I have a couple of concerns though, because I have read that a person can only receive a K1 student visa if their intention is to come to the US solely to study with no immigrant intent and plan to return to their home country upon completion of studies. This is clearly not the case for me, as I am hoping to marry my boyfriend and live in the US once I’m done school. Even if everything works out and I obtain a student visa, is it easy to adjust status to permanent residence after marriage? And would I be able to stay in the US on my F1 visa while we wait for my permanent resident status to be approved? Would there be problems if I want to go home to Canada to visit family and return to the US while my adjustment of status is pending? I am wondering if I would need to get advanced parole to leave the country?

Idea 2:

Another option we are considering is to be married rather soon, perhaps in a couple of months, and apply right away for permanent residence. But I’ve read that it could take up to a year or more to get my green card, and I’m not sure what I can do in that time. I would most likely attend school in Canada in September while my green card application is pending. I don’t have a problem with this, as long as I am able to visit my boyfriend in the US while I wait for my green card to be approved. Will I have problems visiting my boyfriend in the US while I live and go to school in Canada?

Thanks so much in advance for the helpful replies!

[Bobby+Umit 161]

Idea 1 - Since you are planning on AOS after marriage on the student visa - prior to getting it - I would not do that. (and it's against this sites TOS to advise for that idea)

There is no such thing as a "k-1 student visa" - it's a K-1 fiance(e) visa (used to marry an USC - not go to school on) - perhaps you mis-typed?

Idea 2 - not sure what you want to do - a K-1 then get married? Or get married, then apply for the CR-1?

[sachinky 465]

Please do not attempt to try for a F-1 visa which is for students since you've clearly stated your immigrant intent.

You can either file for a K-1 or a CR-1. Good luck.

[Brother Hesekiel 2,236]

Sure you can come to the US as a student with a student visa. You are not even engaged yet and if, only IF you happen to get engaged to your boyfriend (or any other dude) at some time in the distant future, and eventually marry him, you guys can of course file for AOS without problems. None of this is planed yet, it's just a series of thoughts on your part, nothing else.

I'm getting tired of the scare tactics pushed by some on this board to people who don't know better.

[catherine.85 0]

Thanks a lot for your replies.

Yes, I meant to type F1 student visa.

I'm visiting my boyfriend in the US right now. We had a bit of trouble crossing the border together and had to speak to immigration. Oddly enough, it was the immigration officer who suggested that I go to school in the US in September on a student visa since my boyfriend and I aren't planning on getting married yet. But I'm a little worried that I may have trouble getting approved for a student visa if immigration suspects that I plan to move to the US once Im done school. Plus I've read that I have to be able to prove that I have strong ties to Canada, to show that I intend to go back there after school is done. I'm thinking that will be difficult to do since I don't own a house or have a job offer in Canada for once Im done school.

I guess my other options are to get a fiance visa or spouse visa. I think it makes more sense for my boyfriend and I to get married and apply for permanent residence, rather than getting a fiance visa, then getting married and applying for adjustment of status. The only reasons Im hesitant to do this, is that I'd like to have lots of time to plan a proper wedding, and Im a bit worried that I wont be able to visit the US easily while my permanent resident status is pending.

[MJhawk 0]

If you apply for adjustment of Status (permanent resident) you cannot leave the US.

Options: A) While in Canada apply for K1 visa (fiancee visa) then return to the U.S. when approved and get married within 90 days then applying for adjustment of status.

B) Since your in the US get married and apply for Adjustment of Status but while the petition is pending you cannot leave the U.S.

C) Get married then return to Canada and husband will need to file for Spousal visa (CR-1)- then return to the U.S. after petition is approved then apply for Adjustment of Status.

[Bobby+Umit 161]

Sure you can come to the US as a student with a student visa. You are not even engaged yet and if, only IF you happen to get engaged to your boyfriend (or any other dude) at some time in the distant future, and eventually marry him, you guys can of course file for AOS without problems. None of this is planed yet, it's just a series of thoughts on your part, nothing else.

I'm getting tired of the scare tactics pushed by some on this board to people who don't know better.

Seems planned to me -

This is clearly not the case for me, as I am hoping to marry my boyfriend and live in the US once I’m done school.

Betcha if she says this when she applies for the student visa - she will not get it...

Read up on the TOS -

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[canadian_wife 1,826]

I came to the US on a student visa and yes, you must show that you intend to return to Canada. This can be done many ways but like you said, if you don't have any ties to Canada then it is unlikely you will be granted a student visa. As Bobby+Umit said, clearly you have intentions to marry your boyfriend and adjust status, do not do this as this is immigration fraud and can result in a lifetime ban from the US

A border guard is not the one adjudicating your case - do not trust what they as 100% true since they will not be the ones approving your case.

If you have further questions, let me know via PM if you'd like