US on a student visa with a US fiancé

[VandL 69]

I need some advice for a friend.

 

He has a student visa to come study in the US in October 2018, he starts school in October. He has just proposed to his US citezen girlfriend and they are currently both living in Germany. 

 

Which is the correct route that isn’t immigration fraud? He doesn’t want to break the law. Get married before coming to the US on his student visa? And then adjust his status once he’s in the US. Or enter the US on his student visa and then get married and Adjust his status. 

 

[Crazy Cat 41,886]

59 minutes ago, VandL said:

I need some advice for a friend.

 

He has a student visa to come study in the US in October 2018, he starts school in October. He has just proposed to his US citezen girlfriend and they are currently both living in Germany. 

 

Which is the correct route that isn’t immigration fraud? He doesn’t want to break the law. Get married before coming to the US on his student visa? And then adjust his status once he’s in the US. Or enter the US on his student visa and then get married and Adjust his status. 

 

He can not legally enter the US via a non-immigrant route with the intent to stay and adjust status......it doesnt matter whether he enters as married or single.  It still applies.

Edited May 5, 2018 by missileman

[Roel 7,192]

File for fiance or spouse visa?

[bakphx1 789]

Direct Consular Filing may be an option. It would make the most sense. 

[VandL 69]

1 hour ago, missileman said:

He can not legally enter the US via a non-immigrant route with the intent to stay and adjust status......it doesnt matter whether he enters as married or single.  It still applies.

But he’s already coming to the US to study for a year he has flight school in October this was done without the intention of staying. 

 

So so would he have to return to the UK and then file for a spouse visa? 

1 hour ago, Roel said:

File for fiance or spouse visa?

When? 

 

As as he comes to America in October for school? 

[VandL 69]

11 minutes ago, bakphx1 said:

Direct Consular Filing may be an option. It would make the most sense. 

What would this include? Sorry I’m jtrying to not give him the wrong info. They haven’t even started the process o the spouse or fiancé visa. 

 

He is just coming in October for a year to go to flight school

[bakphx1 789]

13 minutes ago, VandL said:

What would this include? Sorry I’m jtrying to not give him the wrong info. They haven’t even started the process o the spouse or fiancé visa. 

 

He is just coming in October for a year to go to flight school

This is a process where the couple can file for a visa abroad at the US embassy to arrive in the US with a visa in hand.  This would make the student visa irrelevant.  If she meets residency requirements in Germany, it would be much faster.  Weeks vs. months. The same paperwork is involved, it's just all done there. 

[Crazy Cat 41,886]

21 minutes ago, VandL said:

But he’s already coming to the US to study for a year he has flight school in October this was done without the intention of staying. 

 

So so would he have to return to the UK and then file for a spouse visa? 

When? 

 

As as he comes to America in October for school? 

1.  If he attempts to enter the US via a student visa with the intent of staying and adjusting status, he will be committing visa fraud.

2.  For Direct Consular Filing to apply, both the US citizen and the Fiance must reside outside the US.

 

One legal option might be to marry while in the US, file for CR-1 spousal visa, then return to his country for medical, interview, and visa issue.

 

As I said, he can not enter via a non-immigrant route with the intent to stay and adjust.

Edited May 5, 2018 by missileman

[Crazy Cat 41,886]

Currently, CR-1 visas take approx. 12-14 months from filing to visa in hand assuming there are no issues.

[bakphx1 789]

5 minutes ago, missileman said:

1.  If he attempts to enter the US via a student visa with the intent of staying and adjusting status, he will be committing visa fraud.

2.  For Direct Consular Filing to apply, both the US citizen and the Fiance must reside outside the US.

 

One legal option might be to marry while in the US, file for CR-1 spousal visa, then return to his country for medical, interview, and visa issue.

 

As I said, he can not enter via a non-immigrant route with the intent to stay and adjust.

They are both living in Germany, so it's a possibility.  There are more requirements, but it is worth a look. 

 

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[VandL 69]

8 minutes ago, bakphx1 said:

This is a process where the couple can file for a visa abroad at the US embassy to arrive in the US with a visa in hand.  This would make the student visa irrelevant.  If she meets residency requirements in Germany, it would be much faster.  Weeks vs. months. The same paperwork is involved, it's just all done there. 

Thanks so I was mistaken when I said they are both living in Germany he’s just moved back to the UK but she’s in Germany. 

 

If they file for a fiancé visa or Spouce visa he can still enter on his student visa correct? He would just have to return to the uk to finish his paperwork?

[VandL 69]

10 minutes ago, missileman said:

1.  If he attempts to enter the US via a student visa with the intent of staying and adjusting status, he will be committing visa fraud.

2.  For Direct Consular Filing to apply, both the US citizen and the Fiance must reside outside the US.

 

One legal option might be to marry while in the US, file for CR-1 spousal visa, then return to his country for medical, interview, and visa issue.

 

As I said, he can not enter via a non-immigrant route with the intent to stay and adjust.

Ok 

 

the legal option you put there about filing for a spousal visa I thought that would then just be adjustment of status? 

 

Il let him know his options thanks 

[Coco8 1,042]

There are two paths:

 

(1) Your friend should do the student visa and postpone marriage for now.  There is not enough time to do a fiance visa or a *regular* spousal visa by October. It will not work. This is a case in which your friend can study and if they want, they can live together. That would not be fraud because the intention of the F1 is to study, not a path to getting married.

 

(2) If they can do a USCIS consular processing by getting married as soon as possible, it might work in time. It would work because the US citizen is living in Germany. 

Edited May 6, 2018 by Coco8

[SusieQQQ 11,586]

On 5/5/2018 at 8:11 AM, VandL said:

But he’s already coming to the US to study for a year he has flight school in October this was done without the intention of staying. 

 

So so would he have to return to the UK and then file for a spouse visa? 

When? 

 

As as he comes to America in October for school? 

Then he should come, complete flight school, return home and only then file for fiancé or spouse visa. Seems like a very long term plan. Can’t he defer flight school?

Edited May 6, 2018 by SusieQQQ

[Coco8 1,042]

On 5/5/2018 at 11:40 AM, VandL said:

Thanks so I was mistaken when I said they are both living in Germany he’s just moved back to the UK but she’s in Germany. 

 

If they file for a fiancé visa or Spouce visa he can still enter on his student visa correct? He would just have to return to the uk to finish his paperwork?

It is easier to say what I mentioned above. Go to flight school and later, go back to the UK or wherever, and go the paperwork. He will probably have OPT after the F1 which will allow him to do a practical for what he studied. At this point, the course is only 1 year so they don't even know where they will be a year from the start date. It seems as too much trouble and money to apply for something they might not end up using and that could jeopardize his career. Putting studies on hold does not seem like a good idea since it also diminishes the money you make in the future.