What should I apply for? AOS?K-1?K-3?

[varya 0]

Hello,

While I posted my question in K-1 forum, people suggest me to move to this forum to seek advice.

I'm right now holding F-1 in TX writing my thesis. While I'll have to spend another semester to really graduate, I don't feel like continuing to register this Fall. I would prefer to withdrawal from school and only return to register for the very last semester when I'm almost done with my thesis.

As my boyfriend(who is a citizen) and I have decided to get married sometime in May or June, my current I-20 is going to expire on May 31st, 2007. We didn’t meet until we both came to the same school in TX, so there’s no concern about fraud.

A lot of people have suggested me to get married as soon as I can, but my family (especially my mom) doesn't want me to marry that soon (I know...it's only 2-3 months of difference, so I'm actually confused about why they oppose the idea). I can only wait until May or June...

I went to the International Office of my school and talked to the advisor there yesterday, and the response I got is that only when my application for Adjustment of Status (I-485) gets approved can I choose not to hold F-1. Otherwise my staying in US will become illegal. Following is the quotation that made me feel so:

"Adjustment of Status: When a nonimmigrant student files an Adjustment of Status (Form I-485) but maintains F/M status, the student's SEVIS record should remain active until the adjustment is approved. The DSO should then manually terminate the record for Change of status approved." (Source: "F and M Student Record Termination Reasons in SEVIS" Handout from SEVP, NAFSA National Conference, 2006).

I'm like stuck in a complex situation now... So far I know that my mom is not against my applying for K-1...but if it's already decided that we'll marry in May/June, I personally just don't see the reason to apply for K-1 rather than other spousal visa. Can anyone give me suggestions??? If we marry in May and start the AOS process before May 31st, do I still have to keep F-1???

If I didn't state my question clear enough, please let me know and I'll try to make it more clear. Thanks in advacne!!!!

[Dr_LHA 3]

Are you planning on getting married in the USA or abroad? If you are getting married in the USA and can remain here while your AOS is processing, there's no need to get F-1. You can just file for AOS after you are married. You will have accured some overstay on your F-1 visa, but that is forgiven for people applying for AOS when they are married to a USC.

If you plan on leaving the USA and getting married, then you should go the K-3 route, to avoid any possible complications.

[varya 0]

Are you planning on getting married in the USA or abroad? If you are getting married in the USA and can remain here while your AOS is processing, there's no need to get F-1. You can just file for AOS after you are married. You will have accured some overstay on your F-1 visa, but that is forgiven for people applying for AOS when they are married to a USC.

If you plan on leaving the USA and getting married, then you should go the K-3 route, to avoid any possible complications.

Hi dr_lha,

We'll do civil wedding in US first and then find some other time to have another ceremony in my country.

Another question is that now my bf is working in NYC, while I'm in Texas.... Which place would be a better choice to do the civil wedding thing and AOS??? NYC or TX??

Thanks for your response, at least now I'm not so troubled.

[Dr_LHA 3]

I typod BTW - I mean "there's no need to get K-1" not "F-1".

Anyways - I don't have any idea if NYC or TX would be a better place to get married, sorry!