On a Student Visa?

[chelsee 0]

so if i'm in the states on a student visa and my fiancee petitions for my fiancee visa, is that ok? i intend on taking a program in his area in january, it should last about a year, and i don't know if he can petition while i'm down there for school. any opinions?

thanks for any imput!

[YuAndDan 153]

This is risky but you may consider getting married then file for the AOS. I have heard this is a risky aproach but you were not here to get married, just that you happen to find someone.

I recomend the book "Fiancé & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, it mentions cases like yours only with a visitors visa.

[ready4ONE 5,400]

Probably tempting I am sure, but you may be better off doing it right. If you are in Canada and he the USA, then visiting should be relatively painless while you wait for your fiance visa to process.

Just a thought... Good luck what ever route you decide to take though.

Of course you could find your student visa held up by the fiance visa... perhaps Aussiewench can give you an answer to that scenario???

[Kez/JWolf 6]

if you are already in the USA on another visa you do not have to file for a K1 you can just get married and file for AOS.... there is no more risk involved than there is for someone with a K1/K3...

Kezzie

[Mew 0]

Maybe I'm mistaken, but here it goes. The OP said that she's going to school in the U.S. in January. If they get married and file for AOS while she's there with a student visa, that would be risky. The burden to prove that they decided 'on the spot' to get married and that she had no prior intention to immigrate would be on them. This is quite risky, as it'd be visa fraud.

[Kez/JWolf 6]

There is nothing to stop them from doing AOS from within the US from a Student visa.... only time it might raise a red flag is if the student did not continue with her studies after the wedding.... if she plans to continue her studies then there is no reason why they cant do AOS...

There is no greater risk in doing AOS from a Student Visa than there is from a K1...

Kezzie

[aussiewench 9]

Maybe I'm mistaken, but here it goes. The OP said that she's going to school in the U.S. in January. If they get married and file for AOS while she's there with a student visa, that would be risky. The burden to prove that they decided 'on the spot' to get married and that she had no prior intention to immigrate would be on them. This is quite risky, as it'd be visa fraud.

Mew

Yes you are mistaken. If one is granted and enters on a student, work visa etc there is nothing to prove providing the visa is used as intended. The OP intends to study. Marrying and subsequently applying for adjustment of status as Kezzie points out, is no more risky then adjusting status from a K visa....one simply has to be eligible.

Every case is different and the same blanket response is not alway applicable, depending on circumstances.

[zyggy 9]

Do you have the student visa yet...

If not, there is a specific question on the DS-256 that asks if you have a fiancee in the US. How you answer that question is important...

[Mew 0]

Maybe I'm mistaken, but here it goes. The OP said that she's going to school in the U.S. in January. If they get married and file for AOS while she's there with a student visa, that would be risky. The burden to prove that they decided 'on the spot' to get married and that she had no prior intention to immigrate would be on them. This is quite risky, as it'd be visa fraud.

Mew

Yes you are mistaken. If one is granted and enters on a student, work visa etc there is nothing to prove providing the visa is used as intended. The OP intends to study. Marrying and subsequently applying for adjustment of status as Kezzie points out, is no more risky then adjusting status from a K visa....one simply has to be eligible.

Every case is different and the same blanket response is not alway applicable, depending on circumstances.

Thanks, aussie.

[chelsee 0]

Do you have the student visa yet...

If not, there is a specific question on the DS-256 that asks if you have a fiancee in the US. How you answer that question is important...

hmm... i don't have it yet, no... and technically we are not engaged yet either... and we don't plan on upping and getting hitched as soon as i get down there for school... obviously a flag would go up at immigratiion... and i fully intend to continue my studies regardless of if we wed or not... and how is the answer to that question important exactly?

[Mew 0]

Chelsee, do some research on what you'd need to adjust status. I think it'd help you deciding what to do.

[Yodrak 7]

chelsee,

It would 'raise the bar' for your to show non-immigrant intent for the student visa application.

Yodrak

Do you have the student visa yet...

If not, there is a specific question on the DS-256 that asks if you have a fiancee in the US. How you answer that question is important...

hmm... i don't have it yet, no... and how is the answer to that question important exactly?

[Saddle Bronc 124]

Alternatively, you could try doing it the other way around: file for K-1, get married, then start studying after you get EAD or GC.

[chelsee 0]

wow, you guys are all so helpful, i love this site.

welp, regardless, i'm going to visit on friday til christmas, and i'm doing some research in regards to school, etc. who knows, maybe i'll hate it down there and hightail it back to oh canada. so i'll keep posting now and again to let you guys know my progress and which path i intend to take!

thanks so much for everyone's imput, it always helps me to read stuff on this site!

[meauxna 15]

I recomend the book "Fiancé & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, it mentions cases like yours only with a visitors visa.

Which means that they are cases nothing like the OP's.

A dangerous misdirection.