K-1... OPT troubles?

[Prmcfadden 0]

I am hoping to get my work visa, or OPT, next year. If I get engaged during this time and apply for the K-1 status will this conflict? Does anybody know? Thanks so much!

[newacct 688]

K-1 is a one-use visa for people outside the U.S. to enter the U.S. to get married. You are already in the U.S., so it makes no sense. Just get married whenever you're ready to get married and then file to adjust status.

[Prmcfadden 0]

File to adjust status? That seems too easy. So which visa would I go with then?? What exactly do you mean?! I'm sorry I'm new at this

[NikLR 13,227]

If you're already working in the USA legally because you have a visa that allows you to work, you do NOT have to do the fiancé visa route. You can get married and legally adjust your status while you are there. You didn't move to the USA to immigrate with a spouse initially, you moved for a job or school. There is no need to do the fiancé visa route at this point. Same thing goes with your F-1 visa.

[Darnell 8,478]

if you have no plans to leave the USA, i strongly suggest you give up chasing a K-1 visa.

[KayDeeCee 4,893]

But is the OP already in the US working? Their post said they hope to get a work visa next year.

[NikLR 13,227]

How I looked up the OPT visa is that it's a residence visa based off of an F-1. I guess they could do the fiance route still after their work is done or also a CR1 visa which would allow the OP to work right away. If they completed majority of the CR1 while the OP was in the USA that would be minimal down time. The CR1 may have the least down time (least ti,e not working) between because of waiting for the EAD for AOS (from either work visa or family based k1.) EAD seems to take about 3 months, and the visa interview and passport retrieval from Montreal, if you do the medical the same week, is a few weeks at most.

Edited July 21, 2013 by NikiR

[NikLR 13,227]

Slap me later if I make no sense.

[KayDeeCee 4,893]

Ok, I guess I just read it as they would be coming to the US and hoping to get OPT next year. So, if they are currently in the US with a student visa, then they can just marry and file for AOS. No need for OPT, K-1 or CR-1. If they did that now, they would be able to work with the EAD before next year. The OP did not supply a lot a details, so not sure what their exact situation is.

[Darnell 8,478]

OPT is an optional thing one can use AFTER graduating on an F-1 visa.

If one is IN the USA on an F-1 visa, then it makes more sense to pursue an adjustment of status after marriage (in the usa) rather than chasing after a K-1 visa.

Student Visa (F-1) holders are allowed to adjust status (leading to a green card) after marriage to a USCitizen.

We've a guide for that, as well (in the guides section) .

[Prmcfadden 0]

Thank you so much for your help!

[Darnell 8,478]

so, did you refactor your plans?

what's what, as of now?

[Prmcfadden 0]

I am currently going to school in the States. After I graduate, I will get my OPT for 12 months. If engagement happens a during that time, which visa route do you suggest I go with?

[KayDeeCee 4,893]

I am currently going to school in the States. After I graduate, I will get my OPT for 12 months. If engagement happens a during that time, which visa route do you suggest I go with?

If you get engaged, go ahead and get married without the leaving the US and do this > http://www.visajourney.com/content/i130guide2

[Darnell 8,478]

visa route? none at all. suggest you file for Adjustment of Status, instead.