Visa Process for Fiancee in US

[pat9017 0]

Hi,

My fiancee is in the US currently finishing her degree on an F1 visa which expires this January. We have both started to look at the visa process so that she can obtain permanent residence in progression to US citizenship. We have both looked at the fiancee visa and saw that it was only if the fiancee was abroad, so my question is what is the correct visa application process if your fiancee is already in the US? Also, if we begin to apply now, will she have to leave because her visa will expire?

Thank you,

Pat

[Darnell 8,479]

I know of no 'process' to 'keep' a fiance in the USA with some special 'fiance' status.

There's different routes, of course, for a married person.

Welcome to VJ ! Take a look at the GUIDES section, (clickable at the top of this screen) and then decide which 'path' is best for you two?

[canadian_wife 1,826]

Your fiance cannot stay in the US as your fiance. She needs to get married and adjust her status from student to resident. Follow the guides for adjustment of status from a K visa, the process and forms are the same

Good luck

[Darnell 8,479]

Your fiance cannot stay in the US as your fiance. She needs to get married and adjust her status from student to resident. Follow the guides for adjustment of status from a K visa, the process and forms are the same

Good luck

Sorry, you remember that I-130, thrown in the mix, for AOS from a student visa, yes?

[ValerieA 350]

Your best bet is to marry and adjust status (AOS), with the limited information provided above. Here are the relevant guides, please review, practice filling them out, and come back to us with any questions! Note: once filing, your wife must not leave the US until she either has her Advance Parole or her Green Card. Even prior to filing, if you want to go this way, she should not leave, as her intention when she returns would be to adjust status and that is technically visa fraud (OK to adjust while inside the US, not OK to enter the US on a non-immigrant visa with intentions to immigrate).

AOS Guide non K

[pat9017 0]

First off, thank you all for the quick responses! Also, I'm sorry, I forgot to mention that we both knew we would need a civil marriage looking through other guides on AOS. The AOS Guide non K is exactly what I was looking for, I must of missed it looking through the guides the first time. Just to clarify, a F-1 visa qualifies for a I-130, in that it won't end up being seen as visa fraud?

Thank you all again for all your help!

[pat9017 0]

I'm sorry if this was already asked in another post but if I met and dated her while abroad, prior to her applying for a F-1 visa and coming to the US to study, how much more complicated would this make the situation? The intention was for her to come here and finish her masters and return to home to find work, we hadn't thought about marriage at that point. Also, I didn't mention this before, but I am a US citizen.

Thank you,

Pat

[ValerieA 350]

I was presuming you were a US citizen, I guess I should have made sure of that to begin with.

Yes, an F-1 qualifies, you are good to go there - make sure you file your I-130 package with the I-485 package (basically, 2 envelopes within one big envelope) - there have been some issues lately when they have been sent separately.

You'll be OK having met and dated before she entered the US. Take any documentation you have to the interview that would prove she had no intention of staying after her studies - if you don't have any, don't stress. I was married to my husband before entering on a tourist visa, and they did not ask me about intent at my interview - I haven't heard of any in the last few months that were asked about intent.

Good luck, and congratulations!

[canadian_wife 1,826]

Sorry, you remember that I-130, thrown in the mix, for AOS from a student visa, yes?

Well shoot! I thought it was included in that AOS guide!

[Darnell 8,479]

Well shoot! I thought it was included in that AOS guide!

eh - there are 2. You mentioned to use the same one from the K1 AOS guide, and that's the wrong one. Follow the guides for adjustment of status from a K visa, the process and forms are the same

AOS from a K-visa doesn't use the I-130.

AOS from student/work/tourist visa DOES use the I-130.

It's ok - it's a loooooooooooooooooooooooooooong week this week. No worries, really..

Edited September 8, 2010 by Darnell

[canadian_wife 1,826]

eh - there are 2. You mentioned to use the same one from the K1 AOS guide, and that's the wrong one. Follow the guides for adjustment of status from a K visa, the process and forms are the same

AOS from a K-visa doesn't use the I-130.

AOS from student/work/tourist visa DOES use the I-130.

It's ok - it's a loooooooooooooooooooooooooooong week this week. No worries, really..

Cool, thanks for the correction

[leahandlucas 15]

But has anyone mentioned yet in this thread about checking her visa to see if it has a 2 year residency requirement???

[ValerieA 350]

But has anyone mentioned yet in this thread about checking her visa to see if it has a 2 year residency requirement???

I thought that only applied to some J-1 visas?

[canadian_wife 1,826]

F-1 visas don't generally have a 2 year home residency requirement, at least mine didn't

Good luck