K-1 Visa

[Tilly shepherd 0]

Help!

if I am already in the U.S (have been for the past 3.5 years, on an F-1 Student visa, completing OPT year right now)

and I want to file for a k-1 Fiancé Visa, can I do that from here, and stay here? Or will I be required to fly back to Australia for the interview? 

If anyone has had experience with this let me know. Thanks

[p-ana 933]

7 minutes ago, Tilly shepherd said:

Help!

if I am already in the U.S (have been for the past 3.5 years, on an F-1 Student visa, completing OPT year right now)

and I want to file for a k-1 Fiancé Visa, can I do that from here, and stay here? Or will I be required to fly back to Australia for the interview? 

If anyone has had experience with this let me know. Thanks

to get a k1 visa you'd need to go back to your home country to have your medical and interview done

also, if your f1 visa has home residency requirements, you'd need a waiver first

[geowrian 22,338]

You can file for a K-1 from within the US fine. OR you can marry and file for AOS instead. The former requires that you return home to interview. The latter lets you stay within the US while your case is pending.

 

4 minutes ago, p-ana said:

to get a k1 visa you'd need to go back to your home country to have your medical and interview done

also, if your f1 visa has home residency requirements, you'd need a waiver first

F-1 doesn't have residency requirements (2YHRR)...that's for a J-1 only.

[p-ana 933]

Just now, geowrian said:

You can file for a K-1 from within the US fine. OR you can marry and file for AOS instead. The former requires that you return home to interview. The latter lets you stay within the US while your case is pending.

 

F-1 doesn't have residency requirements (2YHRR)...that's for a J-1 only.

thank s for correction

[Tilly shepherd 0]

Ok cool! I thought I would have to go home, but I wasn't sure. Thanks for clarifying!

[Coco8 1,042]

26 minutes ago, p-ana said:

if your f1 visa has home residency requirements, you'd need a waiver first

F-1 has no home residency requirement. That is absurd! OP, don't pay attention to this.

 

OP, you can get married in the US and file for AOS.

 

If during OPT you haven't reached the limit of 90 days without working, you will have a 60 day grace period after OPT.  Try to make the decisions of getting married and AOS before your grace period is up. Technically, if you stay in the US and AOS, you won't get into any trouble if you overstay; but you don't want to stay too long and then decide not to get married. 

 

 

 

Edited July 30, 2017 by Coco8

[geowrian 22,338]

2 minutes ago, Coco8 said:

F-1 has no home residency requirement. That is absurd! OP, don't pay attention to this.

Chill. He's already aware of the misstatement.

[Taradao 4]

Does k1 fiancée visa have length of time when the two know each other? Another quick question, I am 62 and she is 24 and resides in Morocco ( an Islamic faith country) is their an impediment of age and faith? Thanks for any responses.

[geowrian 22,338]

35 minutes ago, Taradao said:

Does k1 fiancée visa have length of time when the two know each other? Another quick question, I am 62 and she is 24 and resides in Morocco ( an Islamic faith country) is their an impediment of age and faith? Thanks for any responses.

There is no minimum time required for the I-129F (but you still must have met in person at least once within the past 2 years), however the CO at embassy will take into consideration the length of the relationship in determining if the relationship is bona fide.

 

Morocco is one of the most difficult embassies to go through. They look extremely closely at relationship evidence. The age gap will likely be seen as a red flag. If you have different religions, it will be seen as a red flag as well (being Muslim isn't an issue...just having different religions). Red flags are not a cause for denial in themselves, but they are something that needs to be overcome with strong relationship evidence - time physically together, time dating, lots of chats and calls and such, etc.

[useful89 692]

2 hours ago, geowrian said:

There is no minimum time required for the I-129F (but you still must have met in person at least once within the past 2 years), however the CO at embassy will take into consideration the length of the relationship in determining if the relationship is bona fide.

 

Morocco is one of the most difficult embassies to go through. They look extremely closely at relationship evidence. The age gap will likely be seen as a red flag. If you have different religions, it will be seen as a red flag as well (being Muslim isn't an issue...just having different religions). Red flags are not a cause for denial in themselves, but they are something that needs to be overcome with strong relationship evidence - time physically together, time dating, lots of chats and calls and such, etc.

To piggyback on this, what if my fiancee is from an Islamic country but is not Muslim (even though her family and everyone else is). I know State follows cultural norms and whatnot, will it make them suspicious of her if she's not Muslim even though her family is? 

[useful89 692]

3 hours ago, Taradao said:

Does k1 fiancée visa have length of time when the two know each other? Another quick question, I am 62 and she is 24 and resides in Morocco ( an Islamic faith country) is their an impediment of age and faith? Thanks for any responses.

Is she Muslim and you're not? If so, that's going to be a weird thing to them. In Islamic law, muslim women cannot marry non-muslim men. Morocco is comparatively less religious than most other Islamic countries, nevertheless it is still an important part of things there so, as someone who has been in the area a lot, I can tell you it's pretty weird.

[geowrian 22,338]

Just now, useful89 said:

To piggyback on this, what if my fiancee is from an Islamic country but is not Muslim (even though her family and everyone else is). I know State follows cultural norms and whatnot, will it make them suspicious of her if she's not Muslim even though her family is? 

If she's the same faith as you, then I don't think they will care (albeit if somebody were to change faiths very recently, it may look suspicious).

[useful89 692]

4 minutes ago, geowrian said:

If she's the same faith as you, then I don't think they will care (albeit if somebody were to change faiths very recently, it may look suspicious).

Yah, that's what I'm assuming just don't want them to hold too strongly to what's normal there in Tunisia. We're actually doing a K1 not the marriage visa because she didn't want me to have to fake convert in Tunisia to satisfy marriage law.

[Roel 7,193]

Everyone talks about the religion but I think the age gap is going to be your real issue. 40 years difference ????? Um.