Questions about K-1 and F-1

[LlamaInvasion 76]

Hello, I am currently studying in the US under an F-1 visa. Me and my boyfriend wish to get married, but we're unsure if we should wait until my F-1 expires (and my studies are done) in two years? Is there any complications to applying for a K-1 when I'm already in the country under an F-1? Or should we just wait to apply until my visa has expired, I've left and am back in my home country.

If we wait, am I allowed to travel in and out of the US under the visa waiver program to visit him, while we wait for an answer about the K-1?

I think I read somewhere that the citizen has to prove financial ability to care for the non-citizen, is this true? My boyfriend is currently also in school still and doesn't work - would this negatively affect our application?

And finally, after we do get married, are we allowed to travel in and out of the country almost immediately after the marriage has taken place? We wish to go to my home country and have a ceremony there as well, since some of my closest relatives are too sick to fly to the US, and then honeymoon elsewhere in Europe.

Sorry for all the questions. I've looked through the stickies and guides but still don't feel enlightened about these questions. ;

[canadian_wife 1,822]

Sounds like your best bet would be to marry in the US and adjust your status from F-1 to permenant resident. That would solve your travel problems.

Your boyfriend would likly need a cosponsor - any US citizen who will claim financial responsibility for you if you become a public charge

Follow the guides for adjustment of status

http://www.visajourney.com/content/i130guide2

Good luck

[LlamaInvasion 76]

I'd heard elsewhere that immigration doesn't look favorably upon people entering on an F-1 visa and then applying for an adjustment of status?

[JimVaPhuong 4,863]

If we wait, am I allowed to travel in and out of the US under the visa waiver program to visit him, while we wait for an answer about the K-1?

Yes, but there may be a higher chance you'd be refused admission. If they know you have a fiance in the US then they might suspect you intend to use the non-immigrant VWP to immigrate to the US. Some people have said it helps to have documentation to prove you've filed for a K1, since this apparently demonstrates you're trying to immigrate the 'right way'. In any case, you should be prepared to show that you have strong ties to your home country.

I think I read somewhere that the citizen has to prove financial ability to care for the non-citizen, is this true? My boyfriend is currently also in school still and doesn't work - would this negatively affect our application?

Yes. The petitioner is the primary sponsor, and must submit an affidavit of support. The qualifying income level is 125% of the poverty guidelines for his household size (which would include you). For two people, it's currently $18,212 per year. If his income is below this then he'll need a joint sponsor who qualifies.

And finally, after we do get married, are we allowed to travel in and out of the country almost immediately after the marriage has taken place? We wish to go to my home country and have a ceremony there as well, since some of my closest relatives are too sick to fly to the US, and then honeymoon elsewhere in Europe.

The K1 can only be used to enter the US one time. You can leave the US any time you like, but you won't be able to re-enter using the K1. To be eligible to adjust status and get a green card based on the K1 you must marry within 90 days of entering. After that, you can send your AOS packet to apply for your green card. At the same time, you can also apply for an employment authorization card and advance parole. The advance parole will allow you to travel temporarily outside the US and reenter while you're waiting for your green card to be approved. It takes 2 to 3 months to get the advance parole.

Don't plan an extended stay outside the US. You may be scheduled for an AOS interview in as little as a month after you get the advance parole document. If you miss the interview then your green card will be denied, and your advance parole will be canceled. If you want to take an extended holiday then wait until you get the green card.

I'd heard elsewhere that immigration doesn't look favorably upon people entering on an F-1 visa and then applying for an adjustment of status?

What they don't look favorably upon is people using a non-immigrant entry with the intention of immigrating. It all boils down to what your intentions were at the time you entered the US. If you enter with a F-1 visa with the intention of becoming an immigrant and getting a green card while you're in the US, that's bad. If they have proof that you intended to immigrate, that's worse. If they further have proof that you lied about your intentions at any point, that's the worst - the green card would be denied, and you would be deported. On the other hand, if you entered with the intention of going to school, but your plans changed sometime after you entered, then that's ok.

The rule about leaving the US still applies, though. If you apply for adjustment of status (the green card) and leave the US without advance parole, USCIS will assume you've abandoned the green card application. You still have to wait until you either have advance parole or the green card.

The timing doesn't work out in your favor in either case, because of the travel restrictions while you're waiting for the green card. Here is what I suggest. When you finish school go ahead and marry your fiance in the US. Make it a simple civil ceremony. Then, he can send the I-130 petition for a spousal visa, and both of you can head for Europe. Have your ceremony there with your family, and have your honeymoon in Europe. He'll either have to return to the US when the I-130 is approved or have someone forward his mail so he can deal with the paperwork that needs to be sent to the National Visa Center. In about 9 or 10 months you should get an interview at the consulate for your CR1 visa. You'll get your green card within a few weeks of entering the US.

[alex and astrid 38]

Hello, I am currently studying in the US under an F-1 visa. Me and my boyfriend wish to get married, but we're unsure if we should wait until my F-1 expires (and my studies are done) in two years? Is there any complications to applying for a K-1 when I'm already in the country under an F-1? Or should we just wait to apply until my visa has expired, I've left and am back in my home country.

If we wait, am I allowed to travel in and out of the US under the visa waiver program to visit him, while we wait for an answer about the K-1?

I think I read somewhere that the citizen has to prove financial ability to care for the non-citizen, is this true? My boyfriend is currently also in school still and doesn't work - would this negatively affect our application?

And finally, after we do get married, are we allowed to travel in and out of the country almost immediately after the marriage has taken place? We wish to go to my home country and have a ceremony there as well, since some of my closest relatives are too sick to fly to the US, and then honeymoon elsewhere in Europe.

Sorry for all the questions. I've looked through the stickies and guides but still don't feel enlightened about these questions. ;

I studied on an F1 visa for two and a half years, but we chose for me to go back home and do a K1 instead of my adjusting status. Finances were a big part of that, and also the fact that I had not really been home for nearly three years and I wanted to be with my family before I immigrated. It also meant I go go back home and work full time to save money. Really, we could have adjusted my status, but we would have been flat broke for a while. We also wanted to do a 'proper' wedding, and so we wanted the time the K1 would give us. I'm not going to say that the seven months we were apart didn't suck, because I hated every day of it. But, for us, it worked.

So, if you finish your studies and go back to your home country - yes, you can visit on the VWP. Like anyone else, you must show proof that you will leave before the 90 days are up. Be prepared to be scrutinized at the border, and be prepared to show them all your pending K1 paperwork. I chose not to travel back and forth, mainly to save money. Many people travel while they wait.

Yes, your fiance must prove he can support you by showing he earns at least 125% above the poverty line for that year. If he does not, he must get a co-sponsor. If he cannot meet the needs of the financial support, or can't get a cosponsor, you will be denied.

Once you are granted the K1 visa, and you enter the US and get married, you cannot leave again until either your green card is approved, or you get Advance Parole (which allows you to travel without a green card). If emergencies come up, you can be granted emergency advanced parole. But, be prepared to not be able to leave the US for at least a few months. Once you have the green card or the advance parole, you are free to travel.

In my case, we had a small wedding three weeks after I arrived. My family was able to fly out for it, and it really was a great day. I wasn't able to have a lot of my friends from Australia attend the wedding, but that was a part of the sacrifice of the K1. We also couldn't take our honeymoon right away, but that was okay too, because we could save money up for it.

Really, there is no complication on adjusting from an F1 to a green card based on marriage. There would be if say, you entered the country on the F1 and then a month later, applied to adjust. But that doesn't sound like your situation. If you have the money, I would say marry and adjust. You don't have to go home, you could get married as soon as possible, and then once you have your green card, you don't need to be in school full time anymore, and you can work anywhere you want.

I'd heard elsewhere that immigration doesn't look favorably upon people entering on an F-1 visa and then applying for an adjustment of status?

Only if you did it really soon after entering on the F1. I can't put a quantifiable length of time on it, but if you tried to adjust a month or so after, I think you would have a lot of explaining to do.

[LlamaInvasion 76]

Thank you all for your replies. It definitely makes things a lot clearer re: what options we have.