Would getting engaged/married shortly after entering the U.S. of a F-1 be a bad idea?

[needsglasses 0]

I have been living abroad for 4 years and have been in a relationship with my girlfriend for the past 2 years. In the fall I am moving back to attend grad school and the whole time we have planned for her to come and attend an ESL program at a local university/community college (getting an F-1 through said school).

My heart is telling me we should get married and I am ready to propose. However, I am just at a loss as to whether doing so now (and preparing to go the K-1 route) versus waiting until we get into the U.S. and then proposing to her there would be best to ensure her ability to stay in the states (and live more freely, as she does not need to be in an ESL program for an extended period of time of more than 6~months).

My main question at this point is if we would run the risk of getting denied for AOS if we married shortly after she arrives in the U.S. (even though she is attending school)? Would it seem like we were trying to be deceitful of the system? If this is a problem I am inclined to propose now and start the K-1 process (even if it meant she wouldn't be able to come over with me). However, if it seems like a realistic option, I would rather move together and not have to make her wait in her home country for an unknown amount of time while the K-1 stuff processes.

Any thoughts on this? Thanks.

[B & G 200]

Which country are you currently living in now? If you country of residence offers Direct Consular Filing, it might be worth it for you to look into that. It will mean you will have to marry outside of the US, but DCF is usually quicker than a K1 or a CR1.

As for AOS, there is always a risk of denial and unfortunately no one will be able to give you a clear answer. Though marrying shortly after entering could raise questions.

[canadian_wife 1,822]

Send the petition for the K-1 if you qualify soonish.

your plan of using a non-immigrant visa, such as a student visa, to get your girlfriend here, propose, marry and adjust status is visa fraud and can carry a lifetime ban from the US. This plan won't work.

Good luck

[needsglasses 0]

Send the petition for the K-1 if you qualify soonish.

your plan of using a non-immigrant visa, such as a student visa, to get your girlfriend here, propose, marry and adjust status is visa fraud and can carry a lifetime ban from the US. This plan won't work.

Good luck

She will still attend school no matter what, whether she comes as a fiance, GF, single or married - this has been the plans for over a year. There is no intention just to get to the U.S. simply to get a greencard.

Also, I haven't talked any of this over with her, it is just all I am trying to figure out. The K-1 takes time and would prevent a smoother transition of us moving together. It would be better if she came on a student visa, worked on her studies for a while and somewhere down the line we got married (assuming she agreed) and applied for AOS.

I certainly don't want to commit fraud and run large risks, but would the fact that we have known each other and been together in her home country hurt an AOS case even if the ball doesn't start rolling on that for 6+ months after being in the U.S. on a student visa?

Edited March 25, 2014 by needsglasses

[hmh33 117]

If she's genuinely planning to be a student, there's absolutely no harm in marrying soon after she enters on F-1 status.

[needsglasses 0]

Which country are you currently living in now? If you country of residence offers Direct Consular Filing, it might be worth it for you to look into that. It will mean you will have to marry outside of the US, but DCF is usually quicker than a K1 or a CR1.

As for AOS, there is always a risk of denial and unfortunately no one will be able to give you a clear answer. Though marrying shortly after entering could raise questions.

Unfortunately I am in Prague and there is no DCF here.

I don't know when we would start this whole process, but I guess my main concern is if the fact that we have been together for a while would hurt us when we do decide to start an AOS. She'd be studying at school the whole time and continue to do so after we start the AOS process, but would it still be perceived that the whole intent was fraud?

[N-o-l-a 7,167]

Unfortunately I am in Prague and there is no DCF here.

I don't know when we would start this whole process, but I guess my main concern is if the fact that we have been together for a while would hurt us when we do decide to start an AOS. She'd be studying at school the whole time and continue to do so after we start the AOS process, but would it still be perceived that the whole intent was fraud?

No one is going to be able to give you a definite answer on that because it is very much up the discretion of the person reviewing your case. You can approach it any way you want, but K1s do seem to be going quickly right now if you don't want to chance it.

[canadian_wife 1,822]

Does she already have her F-1 visa? What school is she going to attend?

good luck

[needsglasses 0]

No she hasn't started the F-1 process yet because I still have to decide which school I will be going to (you have until April 15 to make that decision). Once I have made my mind up we will begin that process as well.

Either way she is planning to enroll at a community college in the same city to begin with as they are cheaper and will be an easier transition. From there, she is looking to transfer to a major university.

Why do you ask?

Edited March 28, 2014 by needsglasses

[canadian_wife 1,822]

Because for one to be issued an F-1 visa, one must demonstrate that he/she will return to the home country. How will your girlfriend demonstrate this if she, in fact, will not return because she will marry you and adjust status?

good luck

[forgetmypen 2]

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Edited March 29, 2014 by forgetmypen

[needsglasses 0]

Because for one to be issued an F-1 visa, one must demonstrate that he/she will return to the home country. How will your girlfriend demonstrate this if she, in fact, will not return because she will marry you and adjust status?

good luck

The more and more I think about this, it seems K-1 is the way to go. I had hoped we could prevent separation (for an unknown amount of time) but I think I am going to go with the 'better safe than sorry' policy here.

We've nothing at all to hide/try to obscure or skew with a K-1 application. We've been living together for nearly 2 years so I think we will fill the requirements of meeting and stuff. I only hope my not living in the U.S. as we start the application won't complicate things.

[teanet 20]

What I read K1 takes about 5 months so if you apply now she should be able to move soon after you leave Czech Republic. Also Prague embassy is not busy as others are so it's quick to get interview from what I read. You can read review about Prague embassy on here. Also if you decide to do K1 on Czech make sure your girlfriend calls both doctors who are approved to do visa medical. One is charging about 4000 Czech crown and the other one is over 8000czech crown so it's big difference. I did my medical in Prague over summer so that's what I found out. Good luck