Can I file for K1 Visa while still in the US?

[srvman 38]

Hello everyone,

I have read a few threads on this, but none seem specific to my issue, or option.

I got engaged to my now fiance, on July 2nd 2013. I am here on a f-1 visa, doing a masters which expires in December.

Due to me being from Northern Ireland, and my family wanting to attend, we were hoping to get married about this time next year, so Summer 2014.

Here is my question. Can I file for my K1 visa, while still here on my f-1 visa to cut down on the months that we will be apart. I am aware that I will have to go back for interview, medical etc, but I am eager to get the ball rolling, especially after looking around finding out that they have slowed down the processing times considerably.

I am able to go on OPT, but I am not confident of getting a degree related job, (Masters in Organizational Management), and I am unsure if when applying for this OPT if I am able to get the extension, as I now knowingly have immigrant intent. I just want to do this the right, and legal way from the start.

I know this is a lot of questions from a first time poster, but I would really appreciate any help or advice, as we are both a little bit unsure on where we stand.

Thank you for taking the time to read this.

[Penguin_ie 5,998]

Yes your fiancee can petition you for the K1 now.

You have another option, too: marry now (ish) and Adjust Status to a greencard. You could always do the legal wedding now and follow up with a religious blessing and/or reception later, to have family present.

[srvman 38]

thanks for the speedy response, so by filing now, will it kick me out of f1 status, as I only have 1 semester left.

[Penguin_ie 5,998]

No, you still have your F1, including OPT, while the K1 is in process. Only once the K1 is approved, in 8+ months, will the F1 be cancelled.

[srvman 38]

Interesting, I thought about your comment about getting married now, and then have a real family celebration later, but she isn't sold on that idea, and she is in charge when it comes to joint decisions .

Would I have to go back to Northern Ireland once I would receive NOA2? Thanks again for taking the time to answer my questions, a little bit of information and advice that you have already given me has calmed us down a lot already. Thank you!

[Penguin_ie 5,998]

If you go the K1 route, you;d have to go back for the medical and interview, which wil happen in LOndon... so shortly after the NOA2. You would likely be "stuck" there until you have the visa, which could be several weeks- this may be a problem if you are working on OPT.