K-1... OPT troubles?

[newacct 688]

I think you are confused about what "visa" means. A "visa" is only for entering the U.S. After entering the U.S., a "visa" has absolutely no purpose. And you can't even get a visa when you're in the U.S. When you're in the U.S., it's only your "status" that matters.

You're in F1 status now. If you're asking whether you can change to K1 status while in the U.S., I'm not sure that's even possible. But even if it were possible, it would be pointless. A "K1 status" is an extremely brief status to give you a little time after entering to get married. You're already here. You can already get married now, in your current status. You don't need a different temporary status just to get married.

[Prmcfadden 0]

Okay let me clarify my situation real quick! I'm starting my last year of university and will be graduating in May of 2014. I was then planning on applying for OPT, which will last me 12 months after I graduate. My boyfriend and I are looking at our options on timing to get married and we are thinking it will be best suited for us to get married in the summer of 2015. By this time my OPT will have ran out and I was wondering what options were available. Thank you all for your feedback so far, and if you need more clarification I would be more than happy to give it to you!

[NikLR 13,227]

Okay let me clarify my situation real quick! I'm starting my last year of university and will be graduating in May of 2014. I was then planning on applying for OPT, which will last me 12 months after I graduate. My boyfriend and I are looking at our options on timing to get married and we are thinking it will be best suited for us to get married in the summer of 2015. By this time my OPT will have ran out and I was wondering what options were available. Thank you all for your feedback so far, and if you need more clarification I would be more than happy to give it to you!

Why would you do this? You're planning on getting married, spending more money and time on a K1 visa or CR1 after the fact, when you can get married and adjust your status before the OPT runs out. It makes no sense to do it in the manner in which you're wanting to.

You have to go back to Canada, go to an interview, spend more money on immigration, travel, etc... Just get married and adjust status before the OPT visa runs out.

[Prmcfadden 0]

I realize it would make more sense but there are more factors that hinder us from getting married right away. So since we arent able to get married in the timing you're suggesting, what is the best route? Which visa?

[NikLR 13,227]

***Moved to general immigration from K1 process and procedures and OP is asking about different visa paths ***

CR1. It takes a little longer but when you do it, you can work right away, it's cheaper, and you can travel asap. There is no adjustment of status. Get married, start the process and stay in the USA while visiting your new husband. Move back to Canada to finish the process, and have the interview. Move back to the USA and find a job.

But I'm biased... I did a CR1 visa path.

[newacct 688]

Okay let me clarify my situation real quick! I'm starting my last year of university and will be graduating in May of 2014. I was then planning on applying for OPT, which will last me 12 months after I graduate. My boyfriend and I are looking at our options on timing to get married and we are thinking it will be best suited for us to get married in the summer of 2015. By this time my OPT will have ran out and I was wondering what options were available. Thank you all for your feedback so far, and if you need more clarification I would be more than happy to give it to you!

Well, if your boyfriend is a U.S. citizen, then technically, you could just stay here after your OPT ends and get married at the time you want and then file to adjust status. If you're the immediate relative of a U.S. citizen, being out of status does not affect the green card application. So unless you're afraid they'll arrest and deport you in that brief period of time from when your grace period ends to when you file for AOS (unlikely), it doesn't matter.

P.S. You know that at then end of your OPT (if you complete it successfully), you have a 60 day grace period, right? And you can also start your OPT up to 60 days after you graduate. So that would push you into about September 2015 anyway.

Edited July 26, 2013 by newacct

[Darnell 8,478]

I realize it would make more sense but there are more factors that hinder us from getting married right away. So since we arent able to get married in the timing you're suggesting, what is the best route? Which visa?

If'n you truly want a VISA,

I suggest (strongly) the EB-5.

It just rocks!

[NikLR 13,227]

Well, if your boyfriend is a U.S. citizen, then technically, you could just stay here after your OPT ends and get married at the time you want and then file to adjust status. If you're the immediate relative of a U.S. citizen, being out of status does not affect the green card application. So unless you're afraid they'll arrest and deport you in that brief period of time from when your grace period ends to when you file for AOS (unlikely), it doesn't matter.

P.S. You know that at then end of your OPT (if you complete it successfully), you have a 60 day grace period, right? And you can also start your OPT up to 60 days after you graduate. So that would push you into about September 2015 anyway.

Also as a Canadian citizen she could just stay in the USA for the 6 months as a visitor and file for AOS that way as well. I just really don't understand wanting to leave and do a different visa route when the AOS option is legally viable in a variety of ways.

[Harpa Timsah 13,258]

OP: You still seem confused. I know that you live in the US "on a visa" now. But spouses of US Citizens do NOT live in the US on "Visas." They live as permanent residents. Any "spousal visa" is just to enter the country to become a Permanent resident.

So people here are telling you that you can go straight from your student visa to being a permanent resident within the US, if you want. They have linked the guide for that. It's faster and has a few downsides but the main upside is you get to be together after you are married instead of waiting in Canada for a year.