Starting a K-1 Visa While She is in the US on an F-1

[thedude6752000 360]

Would it be possible to start the process of obtaining a K-1 Visa while my fiancee is in the States on an F-1, provided she gets back to her home country (India) before the second state of the K-1 process?

Edited December 24, 2011 by thedude6752000

[paojack 41]

Why dont you just get married and apply for AOS based on the F1 visa? Its probably easier and less expensive.

[thedude6752000 360]

From what I have heard this would open us to accusations of fraud, since our relationship predates her coming here for the English program (also she is still preparing for the program and has not come yet).

[Darnell 8,479]

not from an F-1, no, no fraud at all. It's allowed, even!!!

[thedude6752000 360]

But the program she is doing will only be 1 month and she'll be staying with me....I have heard that the US Immigration Service will accuse us of using the F-1 as a vehicle for her immigration (even though she is an English student and her childhood dream has always been to study in the US!)

[Darnell 8,479]

aaaaaaaaaaaaaaaah

see - give us ALL of the info???

you get different answer.

here's today's answer, based on your CURRENT pile o info:

no - filing for AOS whilst in USA on a 1 month educational visa makes no sense at all - in fact will be viewed as an attempt to defraud the immigration system.

So, stay on that 'other' path you mentioned, prior.

Good Luck.

[ps - any more info you'd like to add, wish to add, at this point?]

[AllisonandAlex 0]

Yes, I believe you can send in your f-129 to petition for her k-1 visa application even while she is on an F-1 in the u.s., the "big brother" will appreciate you notifying them that intentions have changed. Applying for the k-1 does not extend her permission to stay, she still needs to leave before her F-1 expires. I would suggest waiting a few months to collect evidence of a bona-fid relationship(for your f-129 submission and ultimately her interview in india).one thing i wish i had done was send more evidence with my fiance before he went back to Mexico. Search evidence of relationship visajourney on google to pull up some great threads. She will have to go back to india for the application of her visa before you recieve your 2nd notice of approval (which will take about 5 months from your 1st notice of approval) from your service center. We sent ours in a few months into his permission on a tourist visa.

Ultimately, only believe official websites from the travel.gov,the state, uscis and her consulate website.

Good luck on your journey

[thedude6752000 360]

Thanks for the info! Question: Would the suspicion still remain if the program was longer (id est a semester or more). Right now she's not sure about what she will be able to afford since a lot depends on how her father's business does in the coming months.

[thedude6752000 360]

Thanks for the info! Question: Would the suspicion still remain if the program was longer (id est a semester or more). Right now she's not sure about what she will be able to afford since a lot depends on how her father's business does in the coming months.