Applying for K-1 visa before graduating on f-1 visa

[rezzia 0]

Hi

I was hoping someone here could help me answer my question. So, I am in the US on a f-1 visa studying towards a graduate degree. I decided to go to america, so my boyfriend of 4 years and I could try to live together before deciding to get married, the plan has always been that I would go home afterwards and then we would figure out what to do from there. He has now proposed to me and I have a little less than a year before i'm finished with my graduate degree. I see that process takes about 9 months, so I was wondering if it is okay to apply for the k-1 visa when I have 5-6 months left of my stay and thereby try to time the NOA2 with my departure. This way I will only have to wait for the NVC, the embassy and my interview when back in my own country. Which results in less time apart.

Is this allowed or could this be viewed as fraud? 

 

//Rezzia

[milimelo 4,572]

A bit unusual route to take when you’re in the US already. 

 

Why don’t you get married now and either do spouse visa (takes about a year) or do adjustment of status? 

[rezzia 0]

1 minute ago, milimelo said:

A bit unusual route to take when you’re in the US already. 

 

Why don’t you get married now and either do spouse visa (takes about a year) or do adjustment of status? 

The fastsest way would definitely be the AOS road, but I’m afraid it will be denied because it looks too suspicious. I think they will think I did the graduate over there to get married and stay? Or am I wrong?

 

doing the spouse visa I would have to go home anyway, right? 

[Roel 7,193]

You can just do AOS.. though in this case you cannot leave US until you receive your green card (about 12 months or so) or AP (travel permit, about 4 months or so after you submit AOS).

 

But if you want to go back, then sure, you can do it according to your plan.

1 minute ago, rezzia said:

The fastsest way would definitely be the AOS road, but I’m afraid it will be denied because it looks too suspicious. I think they will think I did the graduate over there to get married and stay? Or am I wrong?

 

doing the spouse visa I would have to go home anyway, right? 

Yes. Doing K1 or spouse visa you'd have to go home.