Current Fiance, Future Student, Married in April... Confused

[Omes 0]

Hello,

I have learnt so much from this community and I appreciate the time you all offer as, I am sure to you, this is like repeating information however, to me, there are so many cases which are similar to my scenario but each with a slightly different Twist.

Currently I hold a Visa Waiver which expires in August, I am a UK Citizen and have studied in america with an M-1 visa for Aviation School, back in the summer of 2014, this is where I met my Fiancee.

I planned to apply for the F-1 Visa now so when i graduate in the uk, I would be able to continue the aviation course in July, However, my girlfriend and I got engaged in London on NYE, and so this now confuses matters.

She is a US Citizen, nursing student.

I am a UK Citizen, Aerospace Student and plan to move to the states to continue my studies, and to live there, so we can be together.

I have a flight to the USA booked in April, for her graduation Ceremony.

What visa do I need to able to continue my studies, come July?

F-1, K-1, M-1 or a marriage visa? Does it help if I am married? Does it help If I move out there in April and begin the process?

It is all so complicated and so I hope somebody could clarify this as I can not afford the ridiculous amounts needed for a lawyer.

I hope I haven't said anything wrong, We would like to start our lives together.

[Boiler 45,558]

K1 Marriage etc would take too long.

Ask the Uni which Visa you need to apply for F1 or M1.

[Darnell 8,478]

f-1 and m-1 visas are quicker to obtain, with a modicum of planning.

a k-1 requires more time, as there are multiple queues and intake starts with the USCIS, not any consulate or embassy.

a spousal visa takes even longer.

a k-1 and spousal visa both require prove up of petitioner's usa income, prior years plus current annual income. Most students in college have none, some are below the 125 % of the poverty guidelines referenced on I-864P, and many students' parents are hesitant to become a joint-sponsor for this, as well.

[aaron2020 11,651]

Hello,

I have learnt so much from this community and I appreciate the time you all offer as, I am sure to you, this is like repeating information however, to me, there are so many cases which are similar to my scenario but each with a slightly different Twist.

Currently I hold a Visa Waiver which expires in August, I am a UK Citizen and have studied in america with an M-1 visa for Aviation School, back in the summer of 2014, this is where I met my Fiancee.

I planned to apply for the F-1 Visa now so when i graduate in the uk, I would be able to continue the aviation course in July, However, my girlfriend and I got engaged in London on NYE, and so this now confuses matters.

She is a US Citizen, nursing student.

I am a UK Citizen, Aerospace Student and plan to move to the states to continue my studies, and to live there, so we can be together.

I have a flight to the USA booked in April, for her graduation Ceremony.

What visa do I need to able to continue my studies, come July? For July, you will need an F-1 or M-1. There is no way you will get a K-1 and have authorization to go to school by July. There is no way for you to get a spousal visa until you are married and this takes 6-12 months.

F-1, K-1, M-1 or a marriage visa? Does it help if I am married? For the spousal visa, yes. For other visas, no. Does it help If I move out there in April and begin the process? It would immigration fraud for you to enter the US in April with the intent to stay beyond your I-94. Tell the CBP your plan and you will be put on the next flight home. Immigration to the US does not work this way.

It is all so complicated and so I hope somebody could clarify this as I can not afford the ridiculous amounts needed for a lawyer.

I hope I haven't said anything wrong, We would like to start our lives together.

Hi,

Your plan is deeply flawed. There is way for you to wait in the US for anything. You need a visa to come study in the US.

The quickest, easiest, and LEGAL way is for your fiancee to file for a K-1 fiance visa for you. This will not be issued by July.

Rethink your plan since your timeline is unrealistic for coming to the US.

Best of luck

Easiest, quickest, and LEGAL way.

[Omes 0]

Hi,

Your plan is deeply flawed. There is way for you to wait in the US for anything. You need a visa to come study in the US.

The quickest, easiest, and LEGAL way is for your fiancee to file for a K-1 fiance visa for you. This will not be issued by July.

Rethink your plan since your timeline is unrealistic for coming to the US.

Best of luck

Easiest, quickest, and LEGAL way.

Hi,

Thank you for the quick replies,

I have read around and seen that it can take between 3-6 months for a K-1 Visa?

This may be a silly question but what is meant by engaged, is there an official document which validates an engagement or is it a verbal agreement between the couple?

Thanks, I appreciate the time taken for all responses

[Boiler 45,558]

Hi,

Thank you for the quick replies,

I have read around and seen that it can take between 3-6 months for a K-1 Visa?

This may be a silly question but what is meant by engaged, is there an official document which validates an engagement or is it a verbal agreement between the couple?

Thanks, I appreciate the time taken for all responses

3-6 months would be very quick.

For a K1 you have to write a letter committing to marry within the 90 days.

[Omes 0]

3-6 months would be very quick.

For a K1 you have to write a letter committing to marry within the 90 days.

How long do you expect it to take?, and we plan to be married rather soon,

Thanks for your input

[aaron2020 11,651]

6-12 months.

[Boiler 45,558]

Mine was nearly a year, they seem a bit quicker now.

If you will be married soon then the K1 is not for you.

[Omes 0]

Mine was nearly a year, they seem a bit quicker now.

If you will be married soon then the K1 is not for you.

But the K1 states you must be married within 90 days?

[Darnell 8,478]

being married doesn't give you enough legal status to attend school in the USA.

You still have to apply for, and get, a greencard to attend university.

[aaron2020 11,651]

But the K1 states you must be married within 90 days?

You are lost.

Once you get the visa and use it to enter the US, then you have 90 days to get marry.

You don't get marry within 90 days of filing the I-129f or while waiting for your visa.

So, it's 6-12 months for the K-1 visa. When you enter the US with the K-1 visa, then you must get marry within 90 days. Then, you file for the EAD/AP card with AOS. It will take another 90 days to get the EAD/AP. AOS can take 6 months to a year. Once you get your green card, then you can attend school.

Stretch your timeline from 6 months to 2 years. 6 months is completely unrealistic.

Edited January 20, 2016 by aaron2020

[Omes 0]

You are lost.

Once you get the visa and use it to enter the US, then you have 90 days to get marry.

You don't get marry within 90 days of filing the I-129f or while waiting for your visa.

So, it's 6-12 months for the K-1 visa. When you enter the US with the K-1 visa, then you must get marry within 90 days. Then, you file for the EAD/AP card with AOS. It will take another 90 days to get the EAD/AP. AOS can take 6 months to a year. Once you get your green card, then you can attend school.

Stretch your timeline from 6 months to 2 years. 6 months is completely unrealistic.

Thank you so much for this reality check

ooo ok, So my K-1 Visa essentially gets me over to the states to get married.

Once married I can apply for the EAD/AP card with AOS... while this is being processed and I am in the states, am i not able to apply for a work visa or student visa to allow me to be some sort of contributor to society while the documents are processed ?

[aaron2020 11,651]

Thank you so much for this reality check

ooo ok, So my K-1 Visa essentially gets me over to the states to get married. Yes. The K-1 fiance visa is for an unmarried (single) person to enter the US as a fiance with the intent to marry the USC petitioner within 90 days in the US. The K-1 fiance visa is not for a married person to use - that's immigration fraud.

Once married I can apply for the EAD/AP card with AOS... while this is being processed and I am in the states, am i not able to apply for a work visa or student visa to allow me to be some sort of contributor to society while the documents are processed ? The EAD is the Employment Authorization Document. That allows you to work. Visas are for entering the US. Once you are in the US as a K-1 visa holder, you can not get another visa. You sit on your ### for 90 days while waiting for the EAD. If you want to contribute to society, then volunteer at a soup kitchen, hospital, etc. while you are waiting for your work authorization.

[Boiler 45,558]

But the K1 states you must be married within 90 days?

Correct.