F1 to Fiance/Marriage?

[bobsherunkle 0]

Hello,

I have been fortunate enough to meet the girl of my dreams here in the US (I have been here for 10 months as an F1 student) and we have decided that in October when I go home for a week long visit to the UK to see family and so forth that she will come along for the ride since she has never been to Europe. It is here that I plan on asking a certain question!

I have had conflicting advice relating to the easiest, cheapest and most sensible approach visa wise.

I will be in the US until at least 2019 as a student so I have plenty of time in that sense however I am well aware that changing status and so forth does take time. Through conversation I imagine that we would seek to fly over and marry in the UK before returning to the US straight away.

So in short, is it as simple as do what we need to do until we are married and back here in the US or is it worth applying for the K1 at all? I know if we apply for the K1 we need to get married within three months however will this bring any benefit to the situation?

If we marry in the UK do we need to do anything marriage licence wise in the US or is a marriage certificate universally accepted.

[Nich-Nick 3,354]

She's American? Won't she want to get married in the U.S.? Get married and adjust status from F1 based on marriage to a US citizen. You get a greencard, then you're a permament resident and can say bye-bye to your current visa. You don't need a fiancé visa to get to the U.S. because you already live in the US on your student visa.

Guide http://www.visajourney.com/content/i130guide2

[bobsherunkle 0]

We have discussed things a few times regarding this - we don't mind particularly where we get married, however her preference would be to do so in the UK for the romantic factor (castles, stately homes, scenery etc) which of course I am happy to oblige.

This is where it comes in to play, is it worth applying for the K1 or just go to the marriage visa - i.e does it benefit us in any way and is it even possible since I am already in the US? All advice I can gather references someone not yet in the US.

We have thought about getting married on paper here and holding the actual ceremony in the UK but I'm not overly keen on that one!

[Nich-Nick 3,354]

You do not need a fiancé or spouse visa to enter the US. You have a legal student visa. Get married anywhere, any time you want (while you have a student visa) and go back to the US on your student visa. Adjust status and get a greencard. Perfectly legal.

To marry in the UK, she needs a visa just to get married and there's some various things like posting it for so many days. Look it up on UK government sight. I don't remember the rules.

You do not need a fiancé or spouse visa to enter the US. You have a legal student visa. Get married anywhere, any time you want (while you have a student visa) and go back to the US on your student visa. Adjust status and get a greencard. Perfectly legal.

To marry in the UK, she needs a visa just to get married and there's some various things like posting it for so many days. Look it up on UK government sight. I don't remember the rules.

You need nothing special to marry in the U.S. except a marriage license.

Edited July 27, 2016 by Nich-Nick

[bobsherunkle 0]

Wonderful, thank you.

[Nich-Nick 3,354]

Wonderful, thank you.

You are one of the lucky ones who gets to skip the visa process.

And by marrying an American you get to trade up from student visa to permanent resident. No need to be limited by the student visa rules on working. Work anywhere. And you will qualify for resident tuition just like Johnny American. Should be a nice savings. No need to leave in 2019 or ever. And three years after getting the greencard you can apply for citizenship (if you stay married) and be both British and American---two passports. Even if you don't stay married you can apply for citizenship, but wait five years after greencard is issued.

[newacct 688]

Get married anywhere, any time you want (while you have a student visa) and go back to the US on your student visa. Adjust status and get a greencard. Perfectly legal.

No, they should not enter the US on a tourist visa with intent to do Adjustment of Status during that stay. CBP should deny them entry in such a case.

[Nich-Nick 3,354]

No, they should not enter the US on a tourist visa with intent to do Adjustment of Status during that stay. CBP should deny them entry in such a case.

It is not a tourist visa. He is a student at an American University. He legally lives in the U.S. right now.

[newacct 688]

It is not a tourist visa. He is a student at an American University. He legally lives in the U.S. right now.

It doesn't make a difference. All types of nonimmigrant visas, other than a few exceptions like H, L, K, R, V visas, are subject to INA 214(b) immigrant intent rules.

[bobsherunkle 0]

It doesn't make a difference. All types of nonimmigrant visas, other than a few exceptions like H, L, K, R, V visas, are subject to INA 214(b) immigrant intent rules.

You are correct in a way, but I did not meet her until long after I had arrived (which can be proven) so there is no need to worry about the intent rules.

[newacct 688]

You are correct in a way, but I did not meet her until long after I had arrived (which can be proven) so there is no need to worry about the intent rules.

I never said there was any issue with you doing Adjustment of Status now (there isn't). Intent only matters when getting the visa and at entry. I said there was a problem with Nich-Nick's idea of re-entering the US with intent to do Adjustment of Status.

[Mollie09 1,543]

You can't enter the US with an F visa with the intent to adjust status. To suggest that is a violation of VisaJourney's TOS.

[Mollie09 1,543]

OP, if your intent is to stay in the US with your partner, marry before leaving and file for AOS.

If you leave the US and come back with the intent to marry and adjust, that's fraud. If you leave, get married, and come back with the intention of adjusting status, that's fraud.

Nich-Nick is not correct, student visas don't allow you to do whatever you want and "live in the US legally". You can study and that's pretty much it. It's a NON-immigrant visa, you can't use it with the intent to immigrate.

[Nich-Nick 3,354]

Apologies for wording it poorly. By living legally in the US, I meant he has a proper visa to be in the US for a period of time for study as opposed to someone who snuck in and has no documentation or has overstayed.

[Mollie09 1,543]

Apologies for wording it poorly. By living legally in the US, I meant he has a proper visa to be in the US for a period of time for study as opposed to someone who snuck in and has no documentation or has overstayed.

Sure, but he still has the issue that he can't leave and come back using his student visa with the intent to immigrate. He can adjust now, because his circumstances have changed since his last entry, but he can't enter with intent.

Edited July 27, 2016 by F1H1I130