Very Complicated Case

[pedrmass 0]

Hello all! My girlfriend and I are in a very particular case. I have dual nationality (Portuguese and Mozambican) and she is American. We met in college, were friends for 3 years, and during my last year we started dating. I was in the US on a F-1 Visa in my Mozambican passport. After I graduated, I started attending medical school in Poland...I've been here for a year and a half now, and have been back to see her every 6 months over the past year and a half. I go back using a visitor visa with my Portuguese passport.

Being a medical student, after graduation, I intend to go back to the US for residency. This was always my plan (even before we started dating). I knew that I would most likely get a J-1 Visa, and since i did not plan on staying in the US, I was not worried about leaving the US for 2 years because I was planning on moving back home. But now, we are extremely serious and a J-1 Visa will definitely not cut it. We're already gonna have 4 years of long distance while i finish medical school as it is. Another problem is that as an international student, my residency places are very limited, and most are very far away from where she lives and has a job. This would be different if I was considered an American citizen during the application process. Even without this, yes we can be in the same place while i do my residency in the US, but after that I would have to leave for another 2 years at the end of it. It's just not something we want to do.

However, during my last year of medical school, I am allowed to do 12-16 weeks worth of rotations in the US. We have been talking about getting married, and all the laws we have to follow, and it seems the only possible way for us to be together would be for us to get married (me coming into the US on a K1 visa)right before my rotations start, giving me enough time to get AP so that after those 12-16 weeks i could come back to Poland and finish off school before going back to the US for us to be together.

So now here are my questions, if any of you know the answers:

Can I go to the US on a K1 visa, get married and immediately go to school for my electives?

When she files I-129F does she file it for Poland, Portugal, Mozambique? I'm in Poland for the next 2 and a half years with a 12-16 week break in the US for my electives. I also looked at the US embassy website in Portugal and they moved their immigrant visa department to Paris. Would that be where she files it for?

Will it be a problem that i entered the US using 2 different passports, even though all my entrances were legal?

Will 12-16 weeks be enough time for AP processing?

Should we just get a lawyer to make sure we're doing everything right since this is a very specific case?

Thank you in advance!

[Pitaya 2,577]

Hello all! My girlfriend and I are in a very particular case. I have dual nationality (Portuguese and Mozambican) and she is American. We met in college, were friends for 3 years, and during my last year we started dating. I was in the US on a F-1 Visa in my Mozambican passport. After I graduated, I started attending medical school in Poland...I've been here for a year and a half now, and have been back to see her every 6 months over the past year and a half. I go back using a visitor visa with my Portuguese passport.

Being a medical student, after graduation, I intend to go back to the US for residency. This was always my plan (even before we started dating). I knew that I would most likely get a J-1 Visa, and since i did not plan on staying in the US, I was not worried about leaving the US for 2 years because I was planning on moving back home. But now, we are extremely serious and a J-1 Visa will definitely not cut it. We're already gonna have 4 years of long distance while i finish medical school as it is. Another problem is that as an international student, my residency places are very limited, and most are very far away from where she lives and has a job. This would be different if I was considered an American citizen during the application process. Even without this, yes we can be in the same place while i do my residency in the US, but after that I would have to leave for another 2 years at the end of it. It's just not something we want to do.

However, during my last year of medical school, I am allowed to do 12-16 weeks worth of rotations in the US. We have been talking about getting married, and all the laws we have to follow, and it seems the only possible way for us to be together would be for us to get married (me coming into the US on a K1 visa)right before my rotations start, giving me enough time to get AP so that after those 12-16 weeks i could come back to Poland and finish off school before going back to the US for us to be together.

So now here are my questions, if any of you know the answers:

Can I go to the US on a K1 visa, get married and immediately go to school for my electives?

When she files I-129F does she file it for Poland, Portugal, Mozambique? I'm in Poland for the next 2 and a half years with a 12-16 week break in the US for my electives. I also looked at the US embassy website in Portugal and they moved their immigrant visa department to Paris. Would that be where she files it for?

Will it be a problem that i entered the US using 2 different passports, even though all my entrances were legal?

Will 12-16 weeks be enough time for AP processing?

Should we just get a lawyer to make sure we're doing everything right since this is a very specific case?

Thank you in advance!

Welcome to the forum.

Why not get married and file for spousal visa? It may be simpler given your situation and time frames.

Good luck on your visa journey.

[pedrmass 0]

Thank you for the welcome I've been reading around here to get educated on what is best. Right now she is in school in the US and I am in Poland so going the spousal visa route seems to be even more complicated. From here on out we will never have breaks at the same time until we're both done with school, so even when I go visit her, she will be in class and working.

[P A U L 14]

Get married in the U.S. and apply for a CR-1.

[KayDeeCee 4,895]

Hello all! My girlfriend and I are in a very particular case. I have dual nationality (Portuguese and Mozambican) and she is American. We met in college, were friends for 3 years, and during my last year we started dating. I was in the US on a F-1 Visa in my Mozambican passport. After I graduated, I started attending medical school in Poland...I've been here for a year and a half now, and have been back to see her every 6 months over the past year and a half. I go back using a visitor visa with my Portuguese passport.

Being a medical student, after graduation, I intend to go back to the US for residency. This was always my plan (even before we started dating). I knew that I would most likely get a J-1 Visa, and since i did not plan on staying in the US, I was not worried about leaving the US for 2 years because I was planning on moving back home. But now, we are extremely serious and a J-1 Visa will definitely not cut it. We're already gonna have 4 years of long distance while i finish medical school as it is. Another problem is that as an international student, my residency places are very limited, and most are very far away from where she lives and has a job. This would be different if I was considered an American citizen during the application process. Even without this, yes we can be in the same place while i do my residency in the US, but after that I would have to leave for another 2 years at the end of it. It's just not something we want to do.

However, during my last year of medical school, I am allowed to do 12-16 weeks worth of rotations in the US. We have been talking about getting married, and all the laws we have to follow, and it seems the only possible way for us to be together would be for us to get married (me coming into the US on a K1 visa)right before my rotations start, giving me enough time to get AP so that after those 12-16 weeks i could come back to Poland and finish off school before going back to the US for us to be together.

So now here are my questions, if any of you know the answers:

Can I go to the US on a K1 visa, get married and immediately go to school for my electives?

This would depend on the school. Some will allow you to attend right away, some will want you to have your green card first.

When she files I-129F does she file it for Poland, Portugal, Mozambique? I'm in Poland for the next 2 and a half years with a 12-16 week break in the US for my electives. I also looked at the US embassy website in Portugal and they moved their immigrant visa department to Paris. Would that be where she files it for?

She will send the I-129F petition to the Dallas lockbox address as stated in the I-129F instructions. The K-1 interview can be held at the consulate where you currently reside and are a resident. She can list that consulate on the I-129F and put your address for that country where you are currently living. The K-1 interview will not happen for quite a few months after the I-129F petition has been filed though. It takes about 5-6 months to approve the petition, then you will move onto applying for the actual K-1 visa at the consulate.

Will it be a problem that i entered the US using 2 different passports, even though all my entrances were legal?

No. You can show copies of the passport stamps with the I-129F petition if they will help prove you met face-to-face within the 2 prior to filing.

Will 12-16 weeks be enough time for AP processing?

You cannot just leave for a long time with AP. When you enter with a K-1, you get married and then file for adjustment of status(AOS). That is when you will also will apply for AP. It takes 2-3 months to receive. You would need to be available in the US in case you have to go to an interview for your green card. Once the green card is approved, the AP becomes invalid.

You can also enter with a K-1, get married and not file for AOS. You would then need a spousal visa to get back to the US when you are ready to actually reside there.

Should we just get a lawyer to make sure we're doing everything right since this is a very specific case?

I do not think you require a lawyer. I think you just need to research how the immigration process works for a K-1 and a CR-1(spousal visa)

I think you should consider getting married and filing for a spousal visa when you are ready to move to the US permanently. When you enter with a spousal visa, you will become a permanent resident right away and receive your green card.

Thank you in advance!