Advice needed on deciding on the type of visa I should apply for

[fluffyshiba 0]

Hello guys,

 

I'm opening a new topic after doing a fair bunch of research online and i have lots of questions still. It seems like the more research I do on this the more confused I get so I really hope you guys will be able to give me some answers and make it less confusing to get an idea of what to do.

 

First, some background information. I'm a Polish citizen, living in Poland and I have been dating my boyfriend, a U.S. citizen, for around 2 years now. I'm 23, he's 22. We met online (but not through any agency, just simply played games together at first) then met up first time in real life in February 2016 when he visited me in Poland. Since then I have visited him in the U.S. 3 times: 6 weeks in the summer of 2016, around 4 or 5 weeks for Christmas/New Years and then around 2 months this summer of 2017. He's met my family, I met his and both families are supportive of our relationship and cheer us on. We love each other but both are tired of having to be separated over and over and how costly it is to travel back and forth and would want to finally be able to live together. Aside of that my dream was always to study abroad but since I come from a lower-middle class family it was never an option. But now me and my boyfriend together with his parents support came up with an idea for me to come to the U.S and that they will help me out covering the cost of living/studying. We did consider getting married before but it seemed like a very daunting and complicated process so we never actually decided to do it and left it for later... up until very recently when his parents declared to help us out.

 

I currently hold a B-2 visitor visa and i heard about something called a visitors visa with a 'prospective student' stamp which would let me enter U.S and then later on after I pick a school and all that would allow me to ask for a change of status to a F-1 visa. I contacted one of the schools I'm interested in which is a community college and after receiving an email with all the requirements I realized that one of them was to show a proof of having $23,000 on a bank account. This is an amount of money we currently don't have and truthfully after calculating the cost of attendance together with tuition even if I would take maximum amount of credit hours each semester for 2 years it would still come to about $17,000 but that is still in the most expensive scenario possible and we are sure we will be able to pay for it, but just don't have all the money up front. All the time while studying there I would be living with him, he studies and works part time + we have his parents support so I'm not too worried about the money, but I just don't think we could somehow accumulate $23,000 which would mean I cannot apply at all. Then the idea of marriage resurfaces and that maybe it would be better to marry sooner than later if it would make things easier for us and let us finally be together and be happy. So I started researching possible spouse and fiance visas and, as I predicted, got overwhelmed with amount of steps it requires. It seems that if we want for me to come to the U.S. sooner and be able to stay the K-1 visa is the best option, tho it is costly ($1200?) I've read about it but still wanted to make sure: would I be able to start studying in the U.S. after we marry within those 90 days stated as requirement? I know it takes longer to get a work permit but what about my status after we marry, can I start applying to schools then? Also, would I be considered an international student then when it comes to applying and tuition at school? Another option I see is marrying here in Poland and using the Direct Consular Filing? It says that the process takes less than 3 months, but im guessing he would have to stay here during those possible 3 months of the request pending? But then after it is accepted we would be able to come back to the U.S together and I would immediately become a Green Card holder and be able to work/study without restrictions, is that correct?

 

I know it's a flood of questions, but I'll be very thankful for any helpful advice given.

 

Have a nice day,

Anna

[geowrian 22,337]

20 minutes ago, fluffyshiba said:

It seems that if we want for me to come to the U.S. sooner and be able to stay the K-1 visa is the best option, tho it is costly ($1200?)

K-1:

I-129F: $535

MRV fee: $265

Medical + Vaccinations: Varies, expect $250-400+

Documents/Copies/Translations: Varies

Travel to US: Varies

ETA: ~7-9 months

 

AOS (I-485) after marriage: $1225

ETA: ~4-12 months (varies by local office)

 

Totals for green card:

Cost: $1050+ (K-1) + $1225 (AOS) = $2,275+

ETA: ~11-21 months

 

20 minutes ago, fluffyshiba said:

I've read about it but still wanted to make sure: would I be able to start studying in the U.S. after we marry within those 90 days stated as requirement?

Correct. Entry on a K-1 permits studying (no need to wait to marry either).

20 minutes ago, fluffyshiba said:

Also, would I be considered an international student then when it comes to applying and tuition at school?

Possibly....that's up to the school. Some members have said they worked with the school to be treated as a domestic student. Others had to wait until they had a green card, or else be treated as an international student.

20 minutes ago, fluffyshiba said:

Another option I see is marrying here in Poland and using the Direct Consular Filing? It says that the process takes less than 3 months, but im guessing he would have to stay here during those possible 3 months of the request pending? But then after it is accepted we would be able to come back to the U.S together and I would immediately become a Green Card holder and be able to work/study without restrictions, is that correct?

Marrying and then doing a CR-1 visa is an option. This is far cheaper (roughly $1200 total to get a green card), permits working right away, permits travel abroad right away, and is treated as a domestic student. But it takes longer: ~12-14 months.

 

DCF for a CR-1 is available in some circumstances. The exact requirements vary by embassy, but they almost always require the spouse to have 6+ months of physical presence in the country first. ETA: weeks to a few months. Furthermore, there is no USCIS office in the Poland embassy, so this is not an option.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[DrEllaNJ 288]

that is a lot of questions but hopefully we can collectively clarify some things.

 

An F1 visa is a non-immigrant visa. You need to prove ties to your home country, showing that you will return to your home country. Consular officers have been known to ask whether you have a significant other in the US, and your intent to return becomes harder to prove if you do (lying is never recommended!) While this could be a good option if you weren't sure you would eventually marry your bf, you have to make sure you fulfill the requirements of the F1 visa, one of which is that you have enough money to pay for studies as you're not allowed to work off-campus and often don't qualify for grants/scholarships. You wouldn't qualify for resident tuition since you're going to be an international student if you're on an F1 visa. Only if you established residency (got a green card through marriage) you would qualify for resident tuition. Some schools allow you to 'establish residence' and charge instate tuition after a year.

 

As for deciding between fiance and spouse visa, you can check here: http://www.visajourney.com/content/compare

One thing is that you do not qualify for DCF, as the US citizen needs to be legally living in Poland (plus only some embassies do this). You would have to go through CR1, which takes about a year. You can read about the advantages/disadvantages on the page above.

 

Basically, the fiance visa (K1) is faster but more expensive - $535 plus costs for medical and visa, and then after marriage Adjustment of status ($1225). Whether you can start school is up to the school to decide, I believe, you could ask them. You cannot work or travel without getting a permit (3/4 months from application).

 

The spousal visa (CR1) takes more time to get, but you don't need to go through Adjustment of status and so it is cheaper overall. You would be able to start school right away as you'd already be a resident upon entry.

 

(ha @geowrian was faster to post )

Edited October 5, 2017 by DrEllaNJ

[fluffyshiba 0]

Ok what i got so far is that CR1 option won't work for sure. As @DrEllaNJ mentioned it would be hard for me to get F1 it seems having a bf in the U.S. and besides we dont have $23,000 on a bank account for me to be able to apply as an international student so that seems impossible option for me right now as well. Which leaves me with the expensive, but more likely possible K1 visa that takes ~7-9 months wait. Considering all that I'm starting to think i should either 1) start a BA degree here and either graduate here after 3 years(but that's so long, argh!!) and while I'm studying apply for K1 so by the time I get BA the K1 wait is done and I can come to the U.S. and marry n either take a gap year/work or continue to study for master's degree OR 2) start applying for K1 now and work here in the meantime while the visa is getting processed then after its done arrive in the U.S. then start studying in the U.S. which would delay me obtaining a degree for a year+ or so. I'm honestly torn between the two... Besides my friend suggested looking into Diversity Visa lottery that I could apply on a side and then if I do get chosen then proceed with that, but then I've read that B2 visa holders shouldn't apply for the lottery because it could forbid them from entering the U.S. on the B2 visa as they would be suspicious of 'having intent to stay illegaly in the U.S.' Any thoughts on that?

[geowrian 22,337]

First thing I'll note is that a CR-1 is still an option. You just would need to file it through the US instead of doing DCF. ETA: 12-14 months on average.

 

As for a DV, getting denied would show up with CBP when you try to enter, so it could raise additional scrutiny. It doesn't disqualify you in any way, but they may suspect immigrant intent and result in getting denied entry if your ties to return home aren't strong enough to overcome that.

Edit: Not that I said denied (well, I meant "refused")...not being selected shouldn't be an issue.

Edited October 5, 2017 by geowrian

[milimelo 4,486]

DV lottery entry doesn't negatively affect your B2 visa or VWP status. It's open now so apply and see if you're selected on May 2018. 

[fluffyshiba 0]

13 minutes ago, geowrian said:

First thing I'll note is that a CR-1 is still an option. You just would need to file it through the US instead of doing DCF. ETA: 12-14 months on average.

Well I read that during CR-1 being processed during 12-14 months it won't be possible to visit the U.S and to apply for it we would have to be already married right? And we are not. So paying more for K1 and being able to visit him during the time it is being processed seems better than applying for CR-1 and having to marry somewhere somehow before applying and then waiting 12 to 14 months without seeing each other.

21 minutes ago, milimelo said:

DV lottery entry doesn't negatively affect your B2 visa or VWP status. It's open now so apply and see if you're selected on May 2018. 

Yeah I simply meant if I would apply for DV lottery or later not win in it, would it somehow make me automatically more suspicious and possibly be denied entry to the U.S. on a B2 visa or later F1. 

[geowrian 22,337]

3 minutes ago, fluffyshiba said:

Well I read that during CR-1 being processed during 12-14 months it won't be possible to visit the U.S and to apply for it we would have to be already married right? And we are not. So paying more for K1 and being able to visit him during the time it is being processed seems better than applying for CR-1 and having to marry somewhere somehow before applying and then waiting 12 to 14 months without seeing each other.

You can still visit so long as you can show your ties to return home. Having a USC spouse sets a higher bar, but many people visit during the process fine. But it's the same way for entry on a tourist visa with a USC fiance and having filed for a K-1.

Yes, you would need to marry first for the I-130. Understandable...just saying the option is available in case the timeline worked out better for you.

 

Quote

Yeah I simply meant if I would apply for DV lottery or later not win in it, would it somehow make me automatically more suspicious and possibly be denied entry to the U.S. on a B2 visa or later F1. 

No, just entering wouldn't impact it. A visa refusal may.

Edited October 5, 2017 by geowrian

[fluffyshiba 0]

8 minutes ago, geowrian said:

You can still visit so long as you can show your ties to return home. Having a USC spouse sets a higher bar, but many people visit during the process fine. But it's the same way for entry on a tourist visa with a USC fiance and having filed for a K-1.

Regarding the proof of showing my ties to return home... well, if I were to visit again I would want to visit for longer like a few weeks at least, as my B2 visa allows (all my stamps in the passport say I was allowed to stay each time for either 6 or 7 months) which would mean I would have to stop working before coming over and I'm not sure what other proof would I be able to give them of my 'ties to return home' to be honest. Do you have any ideas what the proof could be since it applies for entering the country after applying for either K1 or CR1?

19 minutes ago, geowrian said:

Yes, you would need to marry first for the I-130. Understandable...just saying the option is available in case the timeline worked out better for you.

Ah, it's alright, thank you for pointing it out regardless I just find it very difficult to imagine how we would marry since he's both studying and working part time himself, leaving all that just to travel to Poland, marry and then come back home and wait 12-14 months... yeah, it just doesn't seem too great.

[geowrian 22,337]

11 minutes ago, fluffyshiba said:

Regarding the proof of showing my ties to return home... well, if I were to visit again I would want to visit for longer like a few weeks at least, as my B2 visa allows (all my stamps in the passport say I was allowed to stay each time for either 6 or 7 months) which would mean I would have to stop working before coming over and I'm not sure what other proof would I be able to give them of my 'ties to return home' to be honest. Do you have any ideas what the proof could be since it applies for entering the country after applying for either K1 or CR1?

Well, 6 months is the maximum so I'm assuming you never actually got a 7 month stamp. True, extended stays do make showing ties to return home more difficult, especially with the lack of a job. Other ties would be your schooling (it's a weak tie IMHO, but something) if you start there, any family you have there, a current lease / house / whatever, etc. Basically, it's whatever can compel you to return home instead of staying in the US.

 

11 minutes ago, fluffyshiba said:

Ah, it's alright, thank you for pointing it out regardless I just find it very difficult to imagine how we would marry since he's both studying and working part time himself, leaving all that just to travel to Poland, marry and then come back home and wait 12-14 months... yeah, it just doesn't seem too great.

True, but many people here on VJ do exactly that.

[fluffyshiba 0]

10 minutes ago, geowrian said:

Well, 6 months is the maximum so I'm assuming you never actually got a 7 month stamp. True, extended stays do make showing ties to return home more difficult, especially with the lack of a job. Other ties would be your schooling (it's a weak tie IMHO, but something) if you start there, any family you have there, a current lease / house / whatever, etc. Basically, it's whatever can compel you to return home instead of staying in the US.

yep, I just looked wrong and didn't re-check; it is 6 months on every stamp, correct. I wish there would be a job that would let me have a 2 weeks+ vacation, but that is very extremely unlikely unless I'd be self employed or something. I currently live with my mom and help take care of my grandma + work full time, but as I said I'd have to quit work to visit for longer. I assume it is even more difficult if I would have a one way ticket, right? But then would having a round trip with, let's say, a flight back home a few months later be a good enough proof aside of my family back in Poland or do they just assume I'd try to not board the plane back altogether?

 

20 minutes ago, geowrian said:

True, but many people here on VJ do exactly that.

thanks now i'm kind of considering it more, a little bit!! he wouldn't have to stay here for a long time tho right? just having a marriage certificate is enough to apply for CR1 through US so he could go back, continue studying and apply for a CR1? Does it not look suspicious tho if you fly over, marry and then file the CR1? If that makes sense.

[geowrian 22,337]

7 minutes ago, fluffyshiba said:

yep, I just looked wrong and didn't re-check; it is 6 months on every stamp, correct. I wish there would be a job that would let me have a 2 weeks+ vacation, but that is very extremely unlikely unless I'd be self employed or something. I currently live with my mom and help take care of my grandma + work full time, but as I said I'd have to quit work to visit for longer. I assume it is even more difficult if I would have a one way ticket, right? But then would having a round trip with, let's say, a flight back home a few months later be a good enough proof aside of my family back in Poland or do they just assume I'd try to not board the plane back altogether?

I hear ya. Ties are not be easily obtained or flexible...if they were, they wouldn't be very strong.

Having a one-way ticket (without an onward ticket) would certainly raise suspicion that you won't board the return flight. Having a return flight doesn't "help" you (as you noted, just not boarding a flight is very easy to do), but not having a flight out would likely negatively impact your chances at entry.

Beyond that, I'm really not sure...the CBP officer makes a determination at POE. Poland is pretty low fraud so you probably won't be asked too much or need to show too much, but nothing is ever a guarantee.

 

7 minutes ago, fluffyshiba said:

thanks now i'm kind of considering it more, a little bit!! he wouldn't have to stay here for a long time tho right? just having a marriage certificate is enough to apply for CR1 through US so he could go back, continue studying and apply for a CR1? Does it not look suspicious tho if you fly over, marry and then file the CR1? If that makes sense.

It's an option. I can't say what's best for you or what you two want to do. But researching it and seeing how it fits is definitely reasonable.

There's more than a marriage certificate needed for the forms (check the guide here), but that's definitely an important one. A large celebration isn't needed (but it's up to you two if you want that). It's not unusual with immigration to marry then quickly file for a CR-1...most married couple wants to be together. Well, at least at first. They will look at the marriage and relationship as a whole. Obviously you won't have much in terms of financial commingling for a new foreign spouse, so use relationship evidence (just like you would for a K-1) instead.

 

Anyway, take a look at it and see if it fits with what you two want. I did a K-1 myself and don't regret it. But at the same time, it is hard for her being stuck home all day since she can't work yet. Pros/cons...

[fluffyshiba 0]

So im trying to compile all the information so far and as you are going through the K1 process my questions could be hopefully answered more easily? Anyways, i talked to my bf and the main concern right now is the tuition cost after i arrive in the U.S. on a K1 visa(if we go with that route) It has been answered earlier in this topic (thank you very much btw) that K1 permits studying, but, i assume even after getting married it doesn't qualify me to be able to study on a non-international basis(or can it be possibly negotiable with a school while the green card is being processed maybe?) so if we would want to avoid the high tuition (well, mainly presenting $23k up front *cough*) would it be possible to study on a in-state after AOS is done and i got my green card? Would i still have to wait a year to be eligible for in-state tuition? I've read on one university's FAQ that after marrying the spouse takes on the amount of time the U.S. citizen has been in the country, which in my bfs case is his whole life, but I'm not sure if this information is still viable. Also, how long does it usually take for AOS? I've read mixed comments from either 1 to 3 months and 6 to 9 months?

[geowrian 22,337]

2 hours ago, fluffyshiba said:

i assume even after getting married it doesn't qualify me to be able to study on a non-international basis(or can it be possibly negotiable with a school while the green card is being processed maybe?)

As noted above, it really depends on the school. I've seen success stories, but it's something you would need to discuss with them beforehand.

2 hours ago, fluffyshiba said:

would it be possible to study on a in-state after AOS is done and i got my green card?

Yes. Once AOS is complete, you are a legal permanent resident and should qualify for non-international tuition.

2 hours ago, fluffyshiba said:

Also, how long does it usually take for AOS? I've read mixed comments from either 1 to 3 months and 6 to 9 months?

It varies from field office to field office, and case to case. Some service centers get through cases in just ~4 months, while most are taking 9 months or so (on average).

http://www.visajourney.com/timeline/aosstats.php?cfl=

[javadown2 308]

I say K-1 visa, it doesn't take very long and really isn't that expensive...

 

From what I've read (just found a search on what CA requires) you need to have 1 year of residency in that state and as long as your a K-1 visa holder your fine, so it's the same as a US citizen that moves from another state and wants in-state tuition prices, the international rates DON"T apply to K-1 visa holders as long as you get the "domicile" requirement (1 year in state as a resident).