Impact of F1 Student Visa and the K1 Petition

[Watahoot 16]

Quick-ish Summary: Met my fiancé last December in Texas while she was here on an F1 student visa and a volleyball scholarship.

We dated for 6 months in Texas and then I traveled to her home (Australia) on a leave of absence from my employer and spent 3 months there living with her and working odd jobs.

While we were in Australia she found out that her athletic scholarship was being rescinded, and she made the decision to decline the school's offer to return as a walk-on and instead remain in Australia to work, save up money, and come back to Texas in January of 2017. I of course had to leave her in Oz, and get back to work.

There's the context - if you're still with me you're awesome. Initially, we thought she would return to the USA on the same F1 visa but we both preferred the K1 visa after doing our research and realizing where our relationship was headed. She has been out of school for over 5 months now, and does not intend to use her F1 visa at another school. THE REAL QUESTION: Will her F1 visa give my K1 Petition any issues?

[Jojo92122 1,924]

The F1 will not cause any problems for the K-1.

The F1 is invalid since she is no longer in school. The visa is conditional on her going to her school which issued her I-20. Once she stop going, it automatically became invalid. She can not use the F1 for another school. Her F1 is tied to the school that issued the underlying I-20.

If your fiancee tries to enter on the F1, she will be refused entry and sent home at her expense.

Furthermore, it's illegal to enter the US on an F1 visa with the intent to immigrate.

If you were to file for the K-1 today, expect it to take 6-12 months. Your fiancee will not have a K-1 by January 2017.

You will want to do more research before doing anything.

Edited October 31, 2016 by Jojo92122

[Watahoot 16]

The F1 will not cause any problems for the K-1.

Furthermore, it's illegal to enter the US on an F1 visa with the intent to immigrate.

If you were to file for the K-1 today, expect it to take 6-12 months. Your fiancee will not have a K-1 by January 2017.

You will want to do more research before doing anything.

Thank you so much for your expertise - this is actually one of the last questions I had about the initial phase of the K1 process. I've been pouring over this stuff for about a month and my package is nearly complete. We are aiming for May 2017 now.

And you hit the nail on the head - the reason I didn't want her to have an I-20 issued by another school here in Texas is because I knew I was going to marry her as soon as I could and I knew that doing so on an F1 visa would be considered fraudulent by the government.

[Jojo92122 1,924]

You got to be really careful with immigration.

For example. You mentioned working odd jobs in Australia. Did you have work authorization to do that? If you did not, then you could be denied entry to Australia for working illegally on your last visit.

FYI - do not buy plan tickets or make non-refundable wedding plans until she has the K-1 visa in her hands. Search and you will find plenty of examples why you should not either of these things.

May 2017 may be optimistic.

Edited October 31, 2016 by Jojo92122

[Watahoot 16]

You got to be really careful with immigration.

For example. You mentioned working odd jobs in Australia. Did you have work authorization to do that? If you did not, then you could be denied entry to Australia for working illegally on your last visit.

FYI - do not buy plan tickets or make non-refundable wedding plans until she has the K-1 visa in her hands. Search and you will find plenty of examples why you should not either of these things.

May 2017 may be optimistic.

I had a Australian Working Holiday visa. I could go back right now and work if I wanted to set myself back in my career a few more months.

I agree, carefulness is key - which is why I'm optimistic

[Jojo92122 1,924]

You will also need to meet the financial requirements of the I-134 for the K-1 and the I-864 for her AOS. Your income from Australia will not count for the I-134 and I-864.

Edited October 31, 2016 by Jojo92122

[Watahoot 16]

You will also need to meet the financial requirements of the I-134 for the K-1 and the I-864 for her AOS. Your income from Australia will not count for the I-134 and I-864.

That is good to know, although if we're being honest I didn't make much dosh in Australia anyway.

But in the last three years I do surpass 125% of poverty level - I am a bit worried about 2016 though - as I have not worked NEAR enough. To be safe, I am going to utilize a family member as a financial cosponsor. Anything I need to be careful of when using a cosponsor?

[N-o-l-a 7,168]

That is good to know, although if we're being honest I didn't make much dosh in Australia anyway.

But in the last three years I do surpass 125% of poverty level - I am a bit worried about 2016 though - as I have not worked NEAR enough. To be safe, I am going to utilize a family member as a financial cosponsor. Anything I need to be careful of when using a cosponsor?

Not really anything to be careful of, it is pretty standard. What counts is your current income, i.e. how much it would be projected over the year, not what you've made so far in 2016.