Fiance advice for a coworker

[bcking 3,157]

My wife and I are going through the CR-1 process since we were married abroad, but I have someone who works with me who is in a different situation and wondering what their options are:

 

He is US Citizen and his fiance is from Venezuela, but she is here on a student visa. They just got engaged. What is the quickest way to process them?

 

If they got married while she was still in the US on the student visa, what would happen? I assume that violates her student visa if she tries to stay? Is there any way to file an adjustment of status while she is on her student visa?

 

Does she have to go back to her home country, apply for a K-1 and then return to get married?

 

Thanks!

[p-ana 933]

Does she have any restrictions on her student visa? If not, she should be good to go ahead, get married and file for adjustment of status

[Penguin_ie 5,993]

She is allowed to stay if she gets married, it is perfectly legal.  Follow this path, Adjustment of Status: 

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

 

If she wants to go back to Venezuela, she can  of course, but AOS would be the quickes and smoothest way

 

****** Moving from K1 to What Visa do I Need forum *****

[bcking 3,157]

1 minute ago, p-ana said:

Does she have any restrictions on her student visa? If not, she should be good to go ahead, get married and file for adjustment of status

Cool I'll find out. 

 

If so, makes me wish my wife was a student when we met...instead of having to wait 10 minutes apart for this stupid CR-1.

 

Thank you.

[bcking 3,157]

Just now, Penguin_ie said:

She is allowed to stay if she gets married, it is perfectly legal.  Follow this path, Adjustment of Status: 

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

 

If she wants to go back to Venezuela, she can  of course, but AOS would be the quickes and smoothest way

 

****** Moving from K1 to What Visa do I Need forum *****

Oh thank you! Didn't notice the "What Visa do I need" forum, probably didn't look hard enough.