Student Visa merging into Fiancee visa...

[canuckcowgirl 0]

Hey ya'll! Been awhile since I've been on the board. Last time I was here, I got some great advice about the step-by-step process for Fiancee visa's, etc...

Now, my question is this..

Well, I'm still in Canada, and still go back and forth between here and the States to see my boyfriend. We haven't taken the jump to apply for any visas yet. We've been exploring the possibility of me studying in the US. This seems like a great idea as I would love to continue my education and learn a new skill/trade.

So, if I were to enroll into school and obtain an F-1 student visa... what would happen if we were to get married during the time I was there for my studies? Is this completely unreasonable? Consequences? or what would be the proper steps to take in this case? Can someone have a student visa and a fiancee visa at the same time?

Any advice is appreciated. Thanks so much!!!!

[Otto 83]

Check the paragraph(s) in reference to F1 visa AOS.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

[canuckcowgirl 0]

Check the paragraph(s) in reference to F1 visa AOS.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Thanks Karin and Otto!

Here is what it said... I know there is at least one other person on the board who may be interested:

General notes about adjusting from H1B, F-1, J-1, or another type of visa: Entering the US on another

type of visa, such as student (F-1) or H1B, followed quickly by marriage to a US citizen, and then followed

quickly by an application for adjustment of status might be construed by the USCIS to be visa fraud. The

reason for this is that you applied for the original visa, and then after entry into the US quickly applied for

adjustment of status, which makes the real purpose for your original visa request suspect. Bear in mind, the

onus to disprove an accusation of fraud from the USCIS is on the person petitioning for adjustment of

status. For this reason, I do not recommend applying for adjustment of status very quickly after you enter the

US on one of these other visa types (although filing immediately is still legal if you had no intent on marrying

and adjusting status both when you applied for your original visa and when you subsequently entered the US at the Port

of Entry). There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine. While applying for adjustment of status very quickly might lead to a fraud accusation

from the USCIS , the marriage itself is not an issue--no one will try to prosecute you in any way for marrying a US

citizen, even if it is not very long after you enter the US. The thing to remember is that you do not want to apply for

adjustment of status until a reasonable amount of time has passed after your entry. Shusterman recommends waiting

at least 60 days after entry before changing status. You may want to consult an attorney if you have further questions

regarding the timing issue for adjustment of status.

[Chica Yeyé 41]

You can't hold both visas; but you can of course marry while going to school and adjust status (provided that you did not have the intent to immigrate on entry, blah, blah, blah).

Good luck on the student visa app!

[canuckcowgirl 0]

So by this, I guess it means I can apply for the I-20/F-1 Student visa. Attend my course. Get married. Down the line, adjust my status from F1 to "spouse" which is the CR1 visa (correct?) Then is that the end of the process? Is that where it finishes or are there more steps?

I'd still be interested to know if one could study on a K-1 visa. This would allow me to work and study at the same time! The F-1 student visa does not allow one to be employed....

EDIT: Ohh.. just saw your post *Len* Thanks for that... ok, so can't hold 2 visa's at once... gotcha!

Edited April 29, 2009 by canuckcowgirl

[Otto 83]

So by this, I guess it means I can apply for the I-20/F-1 Student visa. Attend my course. Get married. Down the line, adjust my status from F1 to "spouse" which is the CR1 visa (correct?) Then is that the end of the process? Is that where it finishes or are there more steps?

I'd still be interested to know if one could study on a K-1 visa. This would allow me to work and study at the same time! The F-1 student visa does not allow one to be employed....

Just to clarify - you can not apply/petition-for/get a visa from within the US (you're already here) so you would not receive a CR-1, you'd simply be petitioning to adjust status. (Adjusting Status meaning adjusting from F1 to Permanent Resident , aka Green Card.)

[canuckcowgirl 0]

So by this, I guess it means I can apply for the I-20/F-1 Student visa. Attend my course. Get married. Down the line, adjust my status from F1 to "spouse" which is the CR1 visa (correct?) Then is that the end of the process? Is that where it finishes or are there more steps?

I'd still be interested to know if one could study on a K-1 visa. This would allow me to work and study at the same time! The F-1 student visa does not allow one to be employed....

Just to clarify - you can not apply/petition-for/get a visa from within the US (you're already here) so you would not receive a CR-1, you'd simply be petitioning to adjust status. (Adjusting Status meaning adjusting from F1 to Permanent Resident , aka Green Card.)

OH! Thanks for clarifying!!!! So, F-1, school, marriage, adjust status, live happily ever after....

I get all confused with all of these difference visa's available.. I thought CR-1 was permanent resident/green card. D'oh!

[Chica Yeyé 41]

So by this, I guess it means I can apply for the I-20/F-1 Student visa. Attend my course. Get married. Down the line, adjust my status from F1 to "spouse" which is the CR1 visa (correct?) Then is that the end of the process? Is that where it finishes or are there more steps?

I'd still be interested to know if one could study on a K-1 visa. This would allow me to work and study at the same time! The F-1 student visa does not allow one to be employed....

EDIT: Ohh.. just saw your post *Len* Thanks for that... ok, so can't hold 2 visa's at once... gotcha!

I do not really know if you can work/study on a K-1 --- but since you would be coming in with a student visa, that is not an issue. Some student visas allow for in-campus employment. Look up VJ member Tavoludo; who is my brother and was studying when he met his luvly wife

AND make sure your student visa does not have a post-graduation residency requirement. Some do....

[canuckcowgirl 0]

So by this, I guess it means I can apply for the I-20/F-1 Student visa. Attend my course. Get married. Down the line, adjust my status from F1 to "spouse" which is the CR1 visa (correct?) Then is that the end of the process? Is that where it finishes or are there more steps?

I'd still be interested to know if one could study on a K-1 visa. This would allow me to work and study at the same time! The F-1 student visa does not allow one to be employed....

EDIT: Ohh.. just saw your post *Len* Thanks for that... ok, so can't hold 2 visa's at once... gotcha!

I do not really know if you can work/study on a K-1 --- but since you would be coming in with a student visa, that is not an issue. Some student visas allow for in-campus employment. Look up VJ member Tavoludo; who is my brother and was studying when he met his luvly wife

AND make sure your student visa does not have a post-graduation residency requirement. Some do....

Awwww... I'm getting excited that our dreams may actually come true! I just got off the phone with my b/f and I am gonna head down there in a few weeks to take a tour of the schools I'm interested in. *happy dance*

I am definitely going to look up "Tavoludo" on here.. can't wait to read all about it. I guess that means you have some first-hand experience/advice about this whole student visa/marriage thing....

I know that the F-1 does allow for 20 hours on campus employment (in some cases), and that could be really good for me. I will be sure to ask about it when I tour the schools. As for the post-graduation residency requirement - thanks, I will be sure to ask about that too when I apply!

EDIT: Hmmm... I just looked up "Tavoludo" and nothing returned...

Edited April 29, 2009 by canuckcowgirl

[canuckcowgirl 0]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

[msu17 0]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

1010 + medical expenses if they don't accept the one from your student visa. You will also have to file to remove conditions 2 years after you get your greencard.

FYI, my husband was studying when we met and he was able to work on campus and didn't have the residency requirement. Unfortunately we weren't ready to marry then, so he went home and we had to do long distance and K1

Edited April 29, 2009 by msu17

[Rainschild 0]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

$1010 to be correct. Plus the cost of your medical exam - don't know how much that is.

[Chica Yeyé 41]

EDIT: Hmmm... I just looked up "Tavoludo" and nothing returned...

he spells his nickname in a really weird way. But I just poked him to come over and reply to you.

My husband and I did Direct Consular Filing since we both lived in Edmonton (aka Deadmonton) at the time - but we both work in higher ed and were foreign students at one point, so are familiar with the student visa thingy

p.s. I am being too nice to you, and my have an online b1tch reputation to protect so that's that. From now on, I will have to insult you and be nasty mmm'kay????

[canuckcowgirl 0]

Who knows about costs involved to adjust status? I've heard a $1000? Is this accurate?

1010 + medical expenses if they don't accept the one from your student visa. You will also have to file to remove conditions 2 years after you get your greencard.

FYI, my husband was studying when we met and he was able to work on campus and didn't have the residency requirement. Unfortunately we weren't ready to marry then, so he went home and we had to do long distance and K1

Ohhh, good to know! What is this all about, removing conditions 2 years after getting greencard? Sorry, just a bit dumb about it all and trying to get up to speed I appreciate everyones patience and explanations!

MSU17 - Love can happen wherever and whenever, and sometimes it can be so stressful to feel forced into marriage just so two people can stay together. It's such a frustrating situation and really tugs at the heart. I'm glad to hear your situation worked out, and the two of you muscled thru long distance. The outcome is definitely worth it!!!

[canuckcowgirl 0]

EDIT: Hmmm... I just looked up "Tavoludo" and nothing returned...

he spells his nickname in a really weird way. But I just poked him to come over and reply to you.

My husband and I did Direct Consular Filing since we both lived in Edmonton (aka Deadmonton) at the time - but we both work in higher ed and were foreign students at one point, so are familiar with the student visa thingy

p.s. I am being too nice to you, and my have an online b1tch reputation to protect so that's that. From now on, I will have to insult you and be nasty mmm'kay????

LOL! Do you have an evil reputation on here? I wouldn't have known it. That's ok... I'm a professional a$$hole so I can take it hehehehe...

Thanks for all the advice and risking all of your street cred on here by being nice to me