Me (US citizen) marry GF with student visa

[estebanlars 0]

Hi,

 

Me and my girlfriend are considering marrying and are wondering if there is any inconvenience if we marry in the states and she later applies for a CR1 visa while she is a student there and has a student visa. She will be studying for a year and a half and we want to get married.  Will we face any type of inconveniences? It will be nice for her to have the CR1 visa once she finishes her studies.

 

Thanks!

[slycordinator 6]

Are you in the US?

[estebanlars 0]

Not right now, but we are planning being there in the second half of this year

[p-ana 933]

She has immigrant intent. Going for a student visa is trying to circumvent the right immigration path. Why don't you do things the right way?

[Leafsfan 54]

This is a touchy topic that could easily become immigration fraud if you're not careful. If you were living stateside when you met your fiance while she was on a student visa it's a very different procedure then meeting her abroad and wanting to bring her with when you move back (which it sounds like). If the latter is the case, you could look at getting a K visa, getting married stateside within 90 days, and filing an adjustment of status. Or you could get married abroad, and file a petition for a CR1 visa. Coming to the country on a student visa with intent to immigrate is no different then coming on a tourist visa with intent to immigrate in the eyes of the law.