change of plans

[kylewife 0]

my fiance and i have been talking and has decided that he should just come over on a student visa since he wants to go to school here anyway and we both agreed we dnt think my income would be approved i am currently on ssi and i read they wont approve it with tht anyway my question is and he wants me to ask this cause i think i have already asked can we get married while he is here on his student visa

[Darnell 8,478]

he's gonna have to qualify 'on his own' for the student visa -

but once he's here, on student visa -

you two can marry, file for AOS - but you'd still have to qualify on the I-864 or get a co-sponser.

*** not a K-1 visa topic - moving to AOS forum ***

Edited August 8, 2010 by Darnell

[trillium13 84]

Pretty much saying the same thing here, but...

You will still have to meet 125% of the poverty guidlines when you file for AOS. Do you have someone who will co-sponsor?

[kylewife 0]

Pretty much saying the same thing here, but...

You will still have to meet 125% of the poverty guidlines when you file for AOS. Do you have someone who will co-sponsor?

i do have someone tht can co sponsor for me

[kylewife 0]

he's gonna have to qualify 'on his own' for the student visa -

but once he's here, on student visa -

you two can marry, file for AOS - but you'd still have to qualify on the I-864 or get a co-sponser.

*** not a K-1 visa topic - moving to AOS forum ***

ok thank you

[trillium13 84]

i do have someone tht can co sponsor for me

Ok then.

I know you mentioned that he wants to go to school here anyway, but it would be wise to consider whether coming on a student visa with intent to marry and adjust would constitute visa fraud, or possibly look that way.

Something to consider, maybe someone else knows better.

[kylewife 0]

Ok then.

I know you mentioned that he wants to go to school here anyway, but it would be wise to consider whether coming on a student visa with intent to marry and adjust would constitute visa fraud, or possibly look that way.

Something to consider, maybe someone else knows better.

he do want to come over here and go to school thts his first goal over anything but we decided why not get married but he not only coming over here for school just to marry me

[JimVaPhuong 4,863]

You're correct that your SSI won't be considered as income for an affidavit of support. The affidavit of support is intended to guarantee the immigrant won't become a public charge and collect means tested benefits, while SSI IS a means tested benefit.

Have you and your fiance looked into the requirements for getting a student visa? Besides having to be accepted by a school, you have to cover the foreign student tuition fees and provide a guarantee that the student has sufficient funds or a sponsor to provide for their support. If he's planning on getting a J-1 visa funded by someone else then there may be a two-year home residency requirement. He wouldn't be able to adjust status in the US without getting a waiver of this requirement, which can be really hard to get. I'm just wondering if you've considered everything here.

If you're planning to use the student visa as an alternative route for immigrating to the US, then you're violating US immigration law. It's called "preconceived intent". They won't deny him a green card solely for preconceived intent, but if they determine he lied about his intent at any point in the process then they'll deny his green card and possibly hit him with a lifetime ban from the US. This would put you in the same boat you're in now, except you'd now be married, and you'd need to apply for a hardship waiver in order for him to get a visa and return to the US.

Understand that it's not simply a matter of what is his "first goal". If getting married and applying for a green card is anywhere on his list of "things to do" while he's in the US with a student visa, then he has preconceived intent to immigrate.

If you've already got a co-sponsor, why not just go ahead and get the fiance visa? His intent won't be questioned, and he'll pay a heckuva lot less in tuition as a US resident.

[kylewife 0]

You're correct that your SSI won't be considered as income for an affidavit of support. The affidavit of support is intended to guarantee the immigrant won't become a public charge and collect means tested benefits, while SSI IS a means tested benefit.

Have you and your fiance looked into the requirements for getting a student visa? Besides having to be accepted by a school, you have to cover the foreign student tuition fees and provide a guarantee that the student has sufficient funds or a sponsor to provide for their support. If he's planning on getting a J-1 visa funded by someone else then there may be a two-year home residency requirement. He wouldn't be able to adjust status in the US without getting a waiver of this requirement, which can be really hard to get. I'm just wondering if you've considered everything here.

If you're planning to use the student visa as an alternative route for immigrating to the US, then you're violating US immigration law. It's called "preconceived intent". They won't deny him a green card solely for preconceived intent, but if they determine he lied about his intent at any point in the process then they'll deny his green card and possibly hit him with a lifetime ban from the US. This would put you in the same boat you're in now, except you'd now be married, and you'd need to apply for a hardship waiver in order for him to get a visa and return to the US.

Understand that it's not simply a matter of what is his "first goal". If getting married and applying for a green card is anywhere on his list of "things to do" while he's in the US with a student visa, then he has preconceived intent to immigrate.

If you've already got a co-sponsor, why not just go ahead and get the fiance visa? His intent won't be questioned, and he'll pay a heckuva lot less in tuition as a US resident.

we have looked and read everything on each visa like i said his first goal was to come and finish school the only reason he was not comin over on the student visa in the first place was b/c at first he didnt have the money to pay the tuition but now he does that is the reason we dropped the fiance visa cause it was to complicated we not trying to get over on the us in no shape of form i am all about doing things the honest way i appreciate your answer to my question but please dnt make it seem like him and i trying to scam our way of being together we love each other dearly and just want to be together and just trying to do it the right way some kind of way

[JimVaPhuong 4,863]

we have looked and read everything on each visa like i said his first goal was to come and finish school the only reason he was not comin over on the student visa in the first place was b/c at first he didnt have the money to pay the tuition but now he does that is the reason we dropped the fiance visa cause it was to complicated we not trying to get over on the us in no shape of form i am all about doing things the honest way i appreciate your answer to my question but please dnt make it seem like him and i trying to scam our way of being together we love each other dearly and just want to be together and just trying to do it the right way some kind of way

With all due respect...

You've admitted that you plan to marry and adjust status while he's here on a student visa. The "preconceived intent" is clearly there. You may not believe this is any sort of scam, but USCIS doesn't see it that way. An immediate relative of a US citizen can adjust status while they're in the US under certain conditions, but this route is not intended to be an alternative to the normal immigrant visa process. If they have any suspicion that he had preconceived intent, and they determine he lied about his intent at any point, then they've got him. The risk of getting caught is relatively small, but it does happen. They aren't going to let him off the hook just because you thought the K1 was too complicated.

I'm not accusing you of anything. I'm warning you that there are potential risks with the path you've chosen. There are no risks with a K1.

[trillium13 84]

With all due respect...

You've admitted that you plan to marry and adjust status while he's here on a student visa. The "preconceived intent" is clearly there. You may not believe this is any sort of scam, but USCIS doesn't see it that way. An immediate relative of a US citizen can adjust status while they're in the US under certain conditions, but this route is not intended to be an alternative to the normal immigrant visa process. If they have any suspicion that he had preconceived intent, and they determine he lied about his intent at any point, then they've got him. The risk of getting caught is relatively small, but it does happen. They aren't going to let him off the hook just because you thought the K1 was too complicated.

I'm not accusing you of anything. I'm warning you that there are potential risks with the path you've chosen. There are no risks with a K1.

Well said.

OP, Jim always does a good job of looking at things from the USCIS perspective. You really do need to consider this.

[kylewife 0]

With all due respect...

You've admitted that you plan to marry and adjust status while he's here on a student visa. The "preconceived intent" is clearly there. You may not believe this is any sort of scam, but USCIS doesn't see it that way. An immediate relative of a US citizen can adjust status while they're in the US under certain conditions, but this route is not intended to be an alternative to the normal immigrant visa process. If they have any suspicion that he had preconceived intent, and they determine he lied about his intent at any point, then they've got him. The risk of getting caught is relatively small, but it does happen. They aren't going to let him off the hook just because you thought the K1 was too complicated.

I'm not accusing you of anything. I'm warning you that there are potential risks with the path you've chosen. There are no risks with a K1.

i thank you for all the information you have giving to me i truly do.but we will figure out something we just going to take one day at a time and go from there thanks

[VanessaTony 3,567]

**moved from "AOS (Other)" to "General Immigration" as the OP has no decided whether her fiance is coming over on a K1, or whether he'll try the Student visa route therefore not an AOS topic**