Getting engaged on U.S. soil with a passport that is invalid with a marriage

[ewert333 0]

Hello friends,

I have a conundrum. My girlfriend and I are looking into a Fiance Visa. She currently has a Student Visa and will be returning this fall to finish another year of school. Upon her arrival we are going to apply for a Fiance Visa which requires an interview back in Turkey.

Side Note: We looked into the change of status deal, but we deemed it too risky because she is returning after we have discussed getting married, implying an intention to get married on a student visa, implying fraud.

Anyways, we are all set to do this Fiance Visa asap so that the interview will land next summer. To add to the complications, she has a Turkish passport that is invalidated when she gets married, thus invalidating her Student Visa and her being able to stay here. My hope is that after she interviews she returns to the U.S. where we get married and then she can apply for a new Turkish Passport in the U.S. at the Chicago Consulate. We are just worried that at some point during the interview in Turkey they will see her Turkish Passport and deny her the fiance visa option because the passport would be invalidated. This is extremely confusing. I wish I could do a change of status, but I am so worried they will deem it immigration fraud and will send her home. We've been talking for 3 years now so nothing about the relationship is illegitimate, but she would be returning on a student visa with some foresight of getting married, which makes us liable for fraud I'm afraid.

If I am totally off base, or if you need any clarification I will be happy to further elaborate. We've been in contact with the consulate in Turkey who are the ones who told us that changing a passport (from the one that is invalidated with marriage to the one that isn't invalidated with marriage) will void the student visa all together. So we can't change the passport until the interview, or after the interview...I don't know. Anyone have some suggestions for me? I'm feeling pretty lost. Thank you!

[Dohan 133]

What interview are you referring to?

Get engaged while she is on her student visa and file for K1 when she is finished with her studies. That's the only way really.

She can't get married on her student visa because it could cause issues in the future when you go for AOS.

Other than that, I would strongly advise to speak to an immigration attorney. They might give you a better idea.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about visa options~

~duplicate thread removed~

[Boiler 46,047]

Keep it simple, marry and adjust.

[aaron2020 11,651]

You are over complicating things.

Here is a piece of US law that you might want to think about.

US law states that the preconceived intent to immigrate alone is not a valid reason to deny the Adjustment of Status of an Immediate Relative of a USC as long as the person did not lie at the POE.

If you get marry while she is here on the F1 visa and file to adjust status, USCIS can not deny her AOS based on the preconceived intent to immigrate as long as she does not lie at the POE.

Forget the Turkey stuff. That is irrelevant.

[ewert333 0]

Thanks for your responses! I am referring to the Interview that would happen in Turkey. The way I understood it is that you have an interview in your home country several months after the initial fiance visa application (I-129F) is filled out. Once this is complete an interview is schedule in the home country which takes about 7-9 months according to time frames I've researched online.

I'm happy to hear that a preconceived idea to immigrate doesn't mess things up. I'll keep the marriage to myself so that she can be honest upon the POE. I just would be so sad if they denied the AOS, but it sounds like I am over complicating it. Thank you my friends

[MacUK 983]

You are over complicating things.

Here is a piece of US law that you might want to think about.

US law states that the preconceived intent to immigrate alone is not a valid reason to deny the Adjustment of Status of an Immediate Relative of a USC as long as the person did not lie at the POE.

If you get marry while she is here on the F1 visa and file to adjust status, USCIS can not deny her AOS based on the preconceived intent to immigrate as long as she does not lie at the POE.

Forget the Turkey stuff. That is irrelevant.

Although if I understand it correctly, she is not currently in the US but will be returning in the new school year.

[Tina and Johan 206]

Her reason for returning to the USA is for school, yes? And not to get married? That's an honest answer when asked at POE why you're entering the USA. I agree; you're overthinking things.

[JIJourney 96]

Whichever you choose we want to wish you good luck on your Journey!