He already has an I-94.

[HannahP 119]

My fiance already has an I-94. He'll be graduating from university this spring. Should we start the K1 process right now?

[William33 110]

My fiance already has an I-94. He'll be graduating from university this spring. Should we start the K1 process right now?

Can you be more specific on your question?

[HannahP 119]

My fiance already has an I-94. He'll be graduating from university this spring. Should we start the K1 process right now?

Well, an I-94 means that he can stay until he's graduated from university, I think. He'll be graduating in the winter. But we are engaged, and I would like it if he could get a job after he graduates in the spring. (He's Canadian, I'm American.) Should I send in the K1 form, now? Stating that he's my fiance, although he still has his student visa?

[gugu24 0]

My fiance already has an I-94. He'll be graduating from university this spring. Should we start the K1 process right now?

Well, an I-94 means that he can stay until he's graduated from university, I think. He'll be graduating in the winter. But we are engaged, and I would like it if he could get a job after he graduates in the spring. (He's Canadian, I'm American.) Should I send in the K1 form, now? Stating that he's my fiance, although he still has his student visa?

being on syudent visa and filling k-1 is too lengthy. it can take many months. if you get married and file for AOS then it is more quicker.

[HannahP 119]

What if we're interested in holding off the wedding for as long as possible? (I have traditional parents, unfortunately.)

[gugu24 0]

k-1 visa is for the people who want to bring their fiance to usa get married. since your fiance is already in usa so you can only apply for AOS. or he leaves usa, go back to canada and then you file for k-1 visa then he would be able to come back.

[meauxna 15]

My fiance already has an I-94. He'll be graduating from university this spring. Should we start the K1 process right now?

Well, an I-94 means that he can stay until he's graduated from university, I think. He'll be graduating in the winter. But we are engaged, and I would like it if he could get a job after he graduates in the spring. (He's Canadian, I'm American.) Should I send in the K1 form, now? Stating that he's my fiance, although he still has his student visa?

If he wants to stay in the US after graduation AND work, he should start speaking to his advisor about OPT/Optional Practical Training.

If he wants to stay in the US after graduation based on his relationship to you, you must be married.

A K-1 is for getting into the US; he is already in the US.

You'd need to spell out more of your desired outcome for anyone to have a suggestion. You certainly *could* petition him for a K-1, but he would have to leave the US. This could make an issue if he gets hired somewhere that he would like to stay (and that would like to have him).

[Alex+R 0]

In other words, you have many options for him to stay here. Only go through the K1 if you'd like to experience a long separation in order to put off the wedding.

If you're anxious to send the K1 off early, it sounds like you're not that interested in a long wait apart.

Waiting until next spring to get married is different from waiting until next summer...how?

I'm not sure I understand your goals here. OPT sounds like the best option unless it's too late.

[Kathryn41 3,205]

You mentioned having traditional parents. I am assuming you mean that they want a traditional wedding and such. The problem with the K-1 visa is that you have no control over when it is issued - you can wait 3 months or you can wait a year until it is issued. That is just for permission for your fiance to enter the US. He has 6 monoths in which he can take advantage of that visa for a one time entry into the US. The main condition is that you HAVE to get married within 90 days of his arrival to the US or he has to leave the country. There is no extension on that 90 days. If you want to plan a big traditional wedding, you can't start before you have the visa in hand, and 90 days doesn't give you much time to plan. If your parents want a traditional wedding plan for it now while he is currently in the US, then apply for the Adjustment of Status while he is in the US. The only difficulty with that is that he is not able to leave the US once he is married until he receives either his green card or his AP (advanced parole) so he would not be able to return to Canada until then even to visit family. Others are right, you do have options but you need to understand that you may not be able to do or get everything that you want on any one option.