XxMarcxX

Yes, in my last queston I was saying that I think that for the future it would be better for me and my fiancee to be married, and for don't lose a year here in my country waiting without attend to school and see her, if it would be possible that I start right now the process for obtain a K-1, and then go to the USA next semester and start college with a visa F-1, then when I notice that I got the approval I'd come back to my country to do the embassy appointment, the medical revision etc. and get the k-1, then go again to the USA and get married, and start college again without the F-1 snce I wouldn't need it anymore. That way I wouldn't be losing time while im waiting for the K-1 approval and I wouldn't have the risk of immigration telling me I commited vsia fraud, so right now my question is if is this possible, go to the USA to study with a F-1 while a K-1 petition is processing.

Songbird

Why on earth would you want to go on an F-1 and then undergo a K-1 ?? You can marry on the F-1 and aos - no need to travel the K-1 path at all. The only proviso is that if you enter on an F-1 you are entering as a student, with a college place open to you, and you attend the course. If you decide at some point during that course to get married then thats fine, if not then thats equally fine. If you do get married then you can obtain the EAD and if you wish either continue your course ( fees permitting) or find employment or both.

XxMarcxX

Ok thats what I was asking before but people was saying that if I decide to do that while im studying there immigration will probably say that I commit visa fraud no matter what I tell them.

The_English_Bride

I don't think it works that way. If you come out here on a F-1 Visa you do not need the K-1. The K-1 is just a way to legally come to the US with the intention of marrying a USC. Do you plan to come to the US and marry your USC girlfriend? Is there any doubt in your mind that you won't marry her? Do you intend to get married soon, or wait and see how things go? If your answers to these questions indicate that you 100%, without a doubt intend to marry your USC girlfriend soon after you arrive in the states, then it would seem appropriate for you to wait and apply for the K-1 visa and not the F-1.

sime303

No-one said that at all. We were just trying to figure out what you wanted. How long can you afford to go to school for?

Noorah101

It just depends what your GOAL is. The way you are saying it, your GOAL is to marry your USC girlfriend. You just don't want to miss a semester of school while waiting for the K-1. So in my opinion (I am a layman, not a lawyer), this sounds like an inappropriate use of the F-1 visa.

If your GOAL is to mainly study in the USA, and then later on you happen to decide to marry while you are there, well, that's when you would do AOS. But we know now that this is not your intent, because you keep going back to the fact that your GOAL is to marry your USC girlfriend, and simply use the F-1 as a way of not missing a semester.

By the way, let's assume you start the K-1 process now, in September 2008. By about January to March of 2009, you should be back in your country again to submit your visa applications, get your medical done, and attend your interview. The fall semester has already started now in the USA (at least here in AZ it did), so the next semester for you on your F-1 would be starting in January....just about the time you need to head back to your country to finish up your K-1. I don't see where doing an F-1 has any advantage here.

Rene

XxMarcxX

yes people say that i shouldn't do it because I'm already thinking about getting married, but then what would be the difference, because say that I'm not sure that I will marry her, so I just go there with the F-1 with the intention of study but in 5 months we decide to get married, and say in the other hand, that I do the same but getting the F-1 knowin that i will marry her in 5 months, how can immigration differ between them? because then if yall say immigration is not stupid etc. then it don't matter if I was thinking about it before or not, I would be in trouble anyways, so say a student that goes now with an F-1 with no intention of get married but in 5 months he decide so, he would be screwed no matter what he says since immigration is not stupid..? I mean how can they know if a person is thinking about it or not, people change their minds every day

Noorah101

Because you should never lie to an immigration officer. So, during your F-1 interview, if they ask about your intent, or they ask if you have an American girlfriend or fiance, you will tell them. Or, if the POE officer happens to ask anything along those lines, you will tell them. That's how they will know, and how they will differ between them.

Of course if you hide the facts and lie to the officers, it's your risk. If they find out later on, somehow, then you can be permanently banned from the USA. It's you choice whether to risk that or not. Personally, I would not. Not when the only thing you'll be missing is a semester of school in the USA.

Rene

Noorah101

In your very first post on this thread, you yourself said that because of the crazy international fees, etc, you are looking to marry your USC fiance, then get an EAD and green card so you can be free to work as well as study.

Sure, you could change your mind. You could come here on the F1 and then decide NOT to marry your girlfriend. But they way you are stating your intents, to my layman's ears, it sounds like your main intent is to marry your USC girlfriend after you enter on the F-1....and that seems to me, to be misuse of the F-1.

You might want to have a consultation with an immigration attorney who can give you a more legal answer than we can.

Rene

Songbird

Visa fraud is committed when you seek to obtain a visa and use it for a purpose not intended. As English bride ( and others including myself have stated) if your purpose and intention is to come to the USA to marry then you should apply for the K-1 visa, as to obtain a F-1 with no intention to study or take up the college place merely as a means of entry to marry WOULD constitute visa fraud.

XxMarcxX

Rene, so do you think that If I start the k-1 process this week I will get the approval and the appontments etc by January? between 3 and 4 months? because I be reading cases of 6 months to a year (by the way my father is from Iran (You have USA/Iran under ur nickname)

Noorah101

My husband is from Iran, and we did the K-1 visa.

I am saying that the whole K-1 process can take around 8 to 10 months total. The first part, which is the US part of the approval, can take around 4 to 6 months of that total. So, if you start the K-1 process now, by around Jan/Feb/Mar 2009 is when your case will switch over to the overseas part of it (your visa applications, getting police certificate, returning checklist to embassy, medical, and interview), which takes another 3 or 4 months.

Since the current semester has already started, I assume you are looking at an F-1 to start in the January semester? That will be just about the time you'll need to start doing your share of the K-1 visa overseas...but you'd be here in the USA, so I don't see why you would want to come here on the F-1 in January, only to turn around a month or two later to go back and do your K-1 overseas part.

I do not think the combination of F-1 then K-1 is a practical idea. Stick with one or the other. Preferebly the K-1, since we all know your intent is to marry.

Rene

XxMarcxX

Songbird my main reason is study my career there, thats also why I went last year to study english there, and I would go anyways if I wouldn't have a girlfriend, but then maybe I'd attend to an other university etc. but obviusly because we love alot each other we think about the possibility of marry and we want to see each other as soon as possible, but anyways the main reason of going there is my studies

XxMarcxX

Oh I'm glad for you Rene, I have iranian family in the USA
So, you mean that with the whole k-1 process I wouldn't be able to go to the USA and marry her and stay there until summer 2009?

Noorah101

Thank you for the good wishes.

If you start the K-1 process now, I would expect you to receive your K-1 visa sometime around May - July 2009....so yes, around summer of 2009.

Rene