Fiancée of US citizen wishes to enter on F-1 Student Visa: Is this allowed?

[canadian_wife 1,822]

The issue is your fiance has immigrant intent, when the adjustment of status occurs is irrelevant.

No, there is no legal conflict per se, but the presumed immigrant intent is higher

Your fiance will be asked for proof of ties to her home country, proof that she will return after her studies. What will she produce? What will she tell the immigration officers to show that she will not immigrate, when in fact she will? To me that is too dishonest and risky.

good luck

[jaycali 415]

That said, it is becoming clear that this is not the way to go because getting married on an F-1 is a violation of the visa. I get that now. But what if the marriage in the US idea is scrapped entirely, and put off until some distant date AFTER the completion of the degree?

It's fully legal to get married on an F-1 visa. Anyone can get married in the US on any visa. Marriage isn't the problem. I myself got married on an F-1 visa. However, I had never even met my now wife when I began my studies. What it boils down to is intent at the time of her visa interview, and intent at the time she enters the US.

An F-1 visa is a non-immigrant visa. To obtain a non-immigrant visa, one must prove that he/she is an intending non-immigrant. Of course, plans do change - which is why the adjustment of status process exists for virtually all non-immigrant visas. You are allowed to change your mind in hindsight, but you are not allowed to outright lie to a consul or CBP officer about your intent. If you were to apply for an F-1, tell the consul "I plan to return home after my degree" when your intention is to get married and stay - It's fraud. This is a slightly tricky part of immigration law.

No one on this forum will tell you to have her apply for an F-1 visa with the intention of eventually adjusting status. 1. Because it's illegal, and 2. because it's risky. In my opinion, what I would do is plan one year ahead. A K-1 or CR-1 visa is a long process, but well worth it in the end. An approval of either of these is the biggest step towards a future in which neither of you will have to live your lives at the mercy of US immigration laws. If she can start in September - Plan for a September start date, and take the time until then to get the K-1 or CR-1 out of the way.

Edited November 27, 2012 by Jay Jay

[jaycali 415]

In my opinion, what I would do is plan one year ahead. A K-1 or CR-1 visa is a long process, but well worth it in the end. An approval of either of these is the biggest step towards a future in which neither of you will have to live your lives at the mercy of US immigration laws. If she can start in September - Plan for a September start date, and take the time until then to get the K-1 or CR-1 out of the way.

I would just like to add.

Immigration takes time. Planning, attention to detail, realistic expectations and patience will make all the difference between a favorable, and a non-favorable outcome.

Edited November 27, 2012 by Jay Jay

[Darnell 8,478]

I would just like to add - if the Embassy sees that a K-1 visa has been applied for, when reviewing the F-1 paperwork on interview day, they WILL deny the F-1 visa.

[Noah Lot 391]

I would just like to add - if the Embassy sees that a K-1 visa has been applied for, when reviewing the F-1 paperwork on interview day, they WILL deny the F-1 visa.

This is 99.99% true......after all, how is she going to convince the VOs that she really intends to scamper home after 4 years or so of studying, while the K1 is being processed? What story could she conjure up that would make any sense whatsoever? The K1 is in process...the VOs will be able to see the indicator on their screens (computers)...how could she state, with a straight face, that ..'oh, I will stop studying long enough to run home and get the K1????..."....huh? Really? (instead of....staying put, continue studying and get married, then march down to the USCIS office to apply for AOS, telling them...'oh gosh, what? we're married now? Gee...I ...I....I had no intention of getting married so soon, in spite of knowing my fiance filed for a K1...."...only the newest USCIS adjudicator might fall for that one...and then, going back to her F1 interview...what VO, even the newest, would buy this story? Her F1 application will likely be a complete waste of $$$...(and the oft used story about having to dash home periodically to care for an elderly relative has been tried far too often to be even remotely believable)...

[aaron2020 11,651]

Thanks everyone. The in-state tuition is at the university's discretion, not immigration. That said, it is becoming clear that this is not the way to go because getting married on an F-1 is a violation of the visa. I get that now.

But what if the marriage in the US idea is scrapped entirely, and put off until some distant date AFTER the completion of the degree? Some are suggesting that we would not get the approval of the F-1 because an engagement presupposes the intent to marry/immigrate and that the burden of proof lies on us. Others are suggesting that there is no legal conflict between getting the student visa and being engaged. Is this in fact a murky area, or am I missing something?

Does anyone have experience coming in on an F-1 visa if your American fiancée is supporting you financially? We're not trying to hide anything, but we don't want to simply defer the start of a program and go through the lengthy petition + wait process of an immigrant visa (and possibly miss the fall semester too) if the opportunity to start a degree sooner can be realized in accordance with the law. We may well have to defer the program and immigrate first, but I'd like to thoroughly exhaust all the alternative possibilities first.

Here is the jist professor.

AT THE TIME SHE ENTERED THE US ON THE STUDENT VISA, DID SHE HAVE THE INTENTION TO IMMIGRATE?

If yes, then it's visa fraud because a student visa is a non-immigrant visa. At the time she used it to enter the US, she violated the terms of the student visa which requires she NOT have the intention to immigrate.

If no, then it's not visa fraud because at the time she entered the US, she did not have the intent to immigrate.

It is not illegal to enter on the F-1 visa and subsequently get marry. That's not the law.

Since you are planning for her to use the F-1 to enter the US and get marry to adjust, then she would be committing visa fraud.

However, if the two of you are only talking about it and aren't sure when you might get marry AFTER she gets here, then it's not visa fraud.

How will the US government determine the difference - based on circumstances. If it looks like a duck and walks like a duck, then it's a duck.

If she marries immediately after entering the US on the F-1, then it sure looks like a preconceived intent to abuse the non-immigrant student visa to immigrate. That's how that duck is laid.

If she marries at some distant time in the future, then it becomes much harder to prove that she abused the non-immigrant visa.

[ca_babe 129]

I don't know about the other fields but in the IT field, it's very common to enter US on a F-1 visa to take Master's Degree in Engineering/Computer Science. Look for a job after graduation, then have the employer apply for a H1-B visa. Then, apply for adjustment of status to get a green card. There always was immigration intent before they enter on F-1 visa. Several universities even help place their graduates with employers who sponsors work visas as they want these US-educated people to stay in the country. Maybe it's different for marriage-based adjustment of status.

Maybe this is the process now. When my friends applied for student visas, they didn't even have to go to the US Embassy. It was just all done through mails.

http://travel.state.gov/visa/temp/types/types_1268.html#4

Qualifying for a Student Visa

Intend to leave the United States upon completion of the course of study.

Edited November 28, 2012 by ca_babe