Noorah101

Hi Marc,

I think you have to decide which one is the priority ... marriage or education. If you want to get married, put your education on hold for a semester or two, and go with the K-1 fiance route. Yes, it takes time...that's just the nature of the visa.

If you want education, go for the F-1, and then when you're close to finishing school, get married and adjust status.

That's just the way it works. If you are intending to get married, you shouldn't use the F-1 visa to do that...you should use the K-1 visa.

Rene

squentna

YES! :-)

and Folinskyinla's little tidbit shows: that if your student VISA expires while you are waiting for the endless K1/K3 approval you will be out of status and deportable! Immigration plans derailed.

Noorah101

If he gets married on a student visa (as he says he intends to do), he wouldn't be doing either a K-1 or a K-3.

Rene

squentna

You are right, he's got to set his priorities.

Folinskyinla

Hi:

I suggest you read the case I posted before making a comment about what I posted. I'm going to assume that the OP is an adult competent to make his own decisions.

The only reason Hosseinpour lost was that F-1 status in the 70's was renewed on a yearly basis rather than being issued DS. The DS was introduced in the late 70's and was then eliminated due to the 1980 special registration of any Iranian who had been in F-1 status in the US. A few years later it was reinstated.

Also, the expiry of the F-1 visa is meaningless while OP remains in the United States and maintains valid student status. And the fact that an AOS is pending is not a violation of status [and I gave the citation to back up my contention.]

I did note that his idea of being able to work was problematical. Further, I did not mention that if he will be going to California state schools, he won't be eligible for the in-state tuition the first term [semester or quarter] which starts after the first anniversary of the grant of his adjustment application.

I'm not making any judgements here. However, it is strings like this that make Matt Udall bring up "UPL." I taking care to separate out the advisability of his proposed course of conduct versus what the underlying law is. Either no one else is doing this; or if they are they are quite wrong on the law.

Rant concluded.

ian-mstm

And, of course, you know what the expectations are across the entire US! At any rate, I specifically said "around these parts" which, apparantly, is higher than the average rate across the US.

Hey... slightly OT... that guy, Norval Glenn, has a 28 page CV. I mean, really! I think someone who needs 28 pages to document their academic life really has no life outside of academics!

Ian

XxMarcxX

Hi guys, thanks for your answers another question, If we go the k1 way, can I also go to America with an F-1 visa until I get the approval of the k-1, and then come back to my country and go to the embassy appointment etc, because then I wouldnt be using the F-1 with other intentions, just for go there and study, and then I would come back for do the embassy appointment, medical etc. is that possible?

Folinskyinla

Hi:

Sigh. Please read my post. You are making it more complicated than it has to be. Why do you think it will make a difference, praytell?

XxMarcxX

Because then I would be able to start my studies while they processing my k-1

Songbird

My understanding, If you want to resume your studies in the US then use the F1, the rest is speculation, maybe's and what if's. Who knows what will happen, you talk about possibly getting married but there's many a slip 'tween lip and cup - you can't know how this will all play out. Deal with what you DO know, which is you have available to the F1, you have a college place waiting - if other things happen then cross those bridges as and if you come to them.

Keeping it real simple and uncomplicated. If you intend to go on an F1 as a student then do so. If during the period of your course of study you decide to marry ( and for all you know you may well not) then do that and apply for the AOS. If your sole determined purpose and intention is to marry in the US then use the K1 route.

Folinskyinla

Hi:

But why would you go through the K-1 process at all if you are already here on an F-1? I don't see the connection of continuing your studies on the F-1 while going via a more complicated process.

Sigh. Your life, not mine.

sime303

I think his problem is he can't afford all of the tuition so he wants to be able to work to pay for his college. Plus he doesn't want to wait for the K1 to process which eventually would give him EAD. Basically he has to choose what he wants to do.

Folinskyinla

Hi:

I'm in total agreement that obtaining an F-1 and then totally failing to attend school is a bad move, indeed.

Folinskyinla

Hi:

That is not how I read his post at all. He keeps stating that he wants to do something counter to the idea of obtaining a work permit any time soon. Perhaps he wants to delay the marriage? It is hard to tell.

sime303

He wants the benefits of the K1 with the speed he can obtain an F1.