Tricky F-1 Situation

[esv5e 0]

Hi there,

I am a South African citizen. I have been accepted to a PhD program in Engineering with funding, and start in the Fall.

However I also have a fiance who is a US citizen. So, I don't know whether to apply for F-1 Visa or K-1 Fiance Visa?

Will my F-1 Visa be 'automatically' denied if I have a U.S. fiance? I could always not mention her, but I do not want to commit fraud.

I would apply for the K-1 Visa, but have heard it takes really long and am worried it would not be ready in time for my studies to commence.

Does anyone have any advice as to what I should do? I would really appreciate it!

Thanks!

[Anh map 2,098]

K1 will not get you here for the Fall semester. Probably not for Spring semester.

[Harpa Timsah 13,258]

F-1 visa sounds more appropriate. You can (and should) mention your relationship if asked, but unless you are planning to marry within 90 days of your entry to the US, the K-1 is not for you. People who are in relationships with USCs get student visas approved, especially if the study is legitimate (and yours, with funding, is very legitimate).

[Lalo & Susana 50]

I am not sure which you should apply for but have your fiance call a lawyer and use the free consultation and ask. I did that and never hired a lawyer and figured out which visa was the best for my situation. I do recommend not lying about your fiance. You two will get married one day and if they see you got married in the USA and were on a visa other than K-1 you can be convicted up to 5 years in jail and/or $10,000. My friend is actually in the middle of something similar. He was on a tourist visa fell in love and decided to get married so he could stay here permanently and has been going through the immigration process for over 4 years. And he was charged a fine. I am not sure exactly how much it cost but it was over $5,000. Just be careful on what you decided to do. Best of luck.

[Boiler 45,807]

F1 is a non immigrant visa.

[hmh33 117]

Hi there,

I am a South African citizen. I have been accepted to a PhD program in Engineering with funding, and start in the Fall.

However I also have a fiance who is a US citizen. So, I don't know whether to apply for F-1 Visa or K-1 Fiance Visa?

Will my F-1 Visa be 'automatically' denied if I have a U.S. fiance? I could always not mention her, but I do not want to commit fraud.

I would apply for the K-1 Visa, but have heard it takes really long and am worried it would not be ready in time for my studies to commence.

Does anyone have any advice as to what I should do? I would really appreciate it!

Thanks!

It's not unheard of for funded PhD students to get H-1B visas. If the university will support it, this would be a good alternative to the F-1 for you: Relatively quick to obtain (with premium processing). Allows work for the H-1B employer (i.e. the university) and any form of study. Dual-intent, so there's no problem with marrying your fiance and adjusting status at any point.

[jaycali 415]

It's not unheard of for funded PhD students to get H-1B visas. If the university will support it, this would be a good alternative to the F-1 for you: Relatively quick to obtain (with premium processing). Allows work for the H-1B employer (i.e. the university) and any form of study. Dual-intent, so there's no problem with marrying your fiance and adjusting status at any point.

True, but there's an annual cap on H-1b. So it's still a 50/50 often.

[Boiler 45,807]

Not for Uni's

[Harsh_77 718]

It's not unheard of for funded PhD students to get H-1B visas. If the university will support it, this would be a good alternative to the F-1 for you: Relatively quick to obtain (with premium processing). Allows work for the H-1B employer (i.e. the university) and any form of study. Dual-intent, so there's no problem with marrying your fiance and adjusting status at any point.

University would not file H1B so OP can legally enter US, with dual intent. Filing a H1B would be an additional cost to the University.

Best option is enter with F1, whenever you guys are ready to get married in a year or five get married and at that point either you can file for Change of status or you can file for CR1, continue to stay in US until legally permitted at that time based on your status go home do the interview and return again.