Withdrawing K1 and applying for a student visa (F1)

[Saivarshini 5]

Quick Introduction - I’ve applied for a K1 visa (NOA1 on 5th April 2021) No signs of NOA2 so far. Tried submitting two inquiries, all generic responses. 

So, my plan is to do a masters there by next year spring/fall (considering I get K1 visa by July) I realised I won’t get my EAD until 2023 mid (I’m considering worse case scenario) and I cannot apply for any kind of college jobs which could reduce my tuition fees. 

Thinking about all this, we were wondering if we could withdraw K1 visa and apply for a student instead. Is there any consequences to it since I have an intent to immigrate? 
Has anyone done this?

[Allaboutwaiting 2,503]

Marry and apply for a spousal visa.

[Fk254 45]

I think it's not a nice idea since you have already shown intent to immigrate ..

 

If I were you ..since you concern about the time it will take for the AOS,EAD others paper work after getting married...

 

I would get married and  file the spousal visa...but I just check your timeline and saw you filed April

 

If I would suggest , you are almost at the verge of getting your k1 visa...you should get it before  summer(june/july)..

 

If you start spousal ...before you will get NO2 and the  spousal visa..you would have already have completed your K1 AOS and gotten your work permit with your K1 history..

 

So my honest advise ...why not exercise little patience and complete your K1 journey ...your NOA2 should come by March latest or April...then u should be with your fiance by June/July depending on Embassy

Edited January 23, 2022 by Fk254

[Mike E 11,739]

I doubt you  will get an F-1 visa before your K-1. 
 

If your future spouse is not able to support you financially, while you are pursuing your masters

degree, then get a spouse visa.

 

And yes you’ve expressed immigration intent and so unless the relationship with your petitioner is terminated I don’t see that it is likely the F-1 will be approved.  

Edited January 23, 2022 by Mike E

[Crazy Cat 41,904]

4 hours ago, Saivarshini said:

Thinking about all this, we were wondering if we could withdraw K1 visa and apply for a student instead. Is there any consequences to it since I have an intent to immigrate? 

So, you are giving up on the planned marriage?  or do you another plan for marriage?  This plan doesn't make sense...unless you are planning to enter the US via a student visa, then marry and adjust status.  That is fraud.  

Edited January 23, 2022 by Crazy Cat

[JeanneAdil 6,514]

F1 is nonimmigrant visa

 

and a long process

applying to the university that is approved by US customs and Enforcement

showing you have sufficient financial support to complete the studies

getting accepted

getting the 1 20 from university

U must prove u have no intention to abandon your home country residency

 

the I 94 when a student enters the US is marked D/S for "duration of status"

 

the requirement for a student visa is to depart the US 60 days from  the completion of the studies

 

coming with intent to marry and stay is fraud

 

[Saivarshini 5]

Well, I thought both of them were Non Immigrant visas, I could establish dual intents. But it makes sense, I’ll just wait patiently. Don’t want to take a chance now. 
 

Thanks guys! 

2 minutes ago, JeanneAdil said:

F1 is nonimmigrant visa

 

and a long process

applying to the university that is approved by US customs and Enforcement

showing you have sufficient financial support to complete the studies

getting accepted

getting the 1 20 from university

U must prove u have no intention to abandon your home country residency

 

the I 94 when a student enters the US is marked D/S for "duration of status"

 

the requirement for a student visa is to depart the US 60 days from  the completion of the studies

 

coming with intent to marry and stay is fraud

 

 

[Mike E 11,739]

1 hour ago, Saivarshini said:

Well, I thought both of them were Non Immigrant visas, I could establish dual intents. But it makes sense, I’ll just wait patiently. Don’t want to take a chance now. 
 

Thanks guys! 

 

K-1 is a non immigrant visa explicitly designated as one where immigration intent is assumed. 

[Coco8 1,042]

You don't need EAD to study. You can enroll when you move there with the K1, marry, and submit the AOS paperwork. 

 

I don't see how F1 would make your timeline faster because you want to start studying Fall 2022 or Spring 2023.

 

That's in addition to the problems of having the K1 already. They are going to realize that you withdrew because you are applying for an F1, your F1 will be denied, and you'll have an uphill long battle getting a spousal visa, which takes 2 years.

 

You haven't even applied to graduate programs which is time consuming and competitive. Many have already closed applications for Fall 2022.

 

 

 

 

Edited January 23, 2022 by Coco8

[Mike E 11,739]

Can one get a job at school with just a K-1? An F-1 lets you do that.  I doubt a K-1 will, but perhaps I am wrong. 

[SalishSea 17,847]

5 hours ago, Mike E said:

Can one get a job at school with just a K-1? An F-1 lets you do that.  I doubt a K-1 will, but perhaps I am wrong. 

I don't believe K-1s can work, under any circumstances, without the EAD.

 

I assume OP's idea to switch was for the purpose of avoiding the 8 mo wait for EAD.

[Saivarshini 5]

6 hours ago, Coco8 said:

You don't need EAD to study. You can enroll when you move there with the K1, marry, and submit the AOS paperwork. 

 

I don't see how F1 would make your timeline faster because you want to start studying Fall 2022 or Spring 2023.

 

That's in addition to the problems of having the K1 already. They are going to realize that you withdrew because you are applying for an F1, your F1 will be denied, and you'll have an uphill long battle getting a spousal visa, which takes 2 years.

 

You haven't even applied to graduate programs which is time consuming and competitive. Many have already closed applications for Fall 2022.

 

 

 

 

Hi! Thanks for responding! 
 

I agree to whatever you’ve said except this one. You can study with K1 visa but you cannot take up any kind of work that will make you earn. So with that being the case, I cannot work until I get EAD. So I was a little skeptical about getting it on time. 
 

But ya’all are right, it’s too late to do it now. I’ll just stick to K1 and hope for the best. 

[Allaboutwaiting 2,503]

20 minutes ago, Saivarshini said:

Hi! Thanks for responding! 
 

I agree to whatever you’ve said except this one. You can study with K1 visa but you cannot take up any kind of work that will make you earn. So with that being the case, I cannot work until I get EAD. So I was a little skeptical about getting it on time. 
 

But ya’all are right, it’s too late to do it now. I’ll just stick to K1 and hope for the best. 

When you move to the US get your SSN as soon as you arrive and go to the DMV to get your driver's license/ID. That will be proof of your residence while you wait for the GC and it might be helpful when you apply for scholarships that in some universities are just for residents -plus it will make your life easier-

[Saivarshini 5]

2 minutes ago, Allaboutwaiting said:

When you move to the US get your SSN as soon as you arrive and go to the DMV to get your driver's license/ID. That will be proof of your residence while you wait for the GC and it might be helpful when you apply for scholarships that in some universities are just for residents -plus it will make your life easier-

Is it possible to get license with K1 visa? 
 

Also, is it possible to expedite EAD with job offer/university TA offer? 

Edited January 24, 2022 by Saivarshini

[Allaboutwaiting 2,503]

7 minutes ago, Saivarshini said:

Is it possible to get license with K1 visa? 
 

Also, is it possible to expedite EAD with job offer/university TA offer? 

With a job offer, definitely, you can expedite.

 

For the driver's license you'd need to look into it as it differs from state to state. 

 

And take this waiting time looking for programs, requirements, gathering your academic documents -originals and translations if needed- and working on your CV and the essays that are required for graduate applications.

 

Edited January 24, 2022 by Allaboutwaiting