Originally Posted by 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

Originally Posted by 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.

Originally Posted by 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.

Originally Posted by 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

Originally Posted by 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

Originally Posted by 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

Originally Posted by Songbird

Regardless of your declared wish to possibly marry ( the greatest plans of mice and men and all that) If, as you say, your intention in seeking the F-1 IS to attend college and you do that then imvho that's the path you should follow. If you subsequently decide during your course of study (however long that may be) that you want to realize that wish then you are perfectly at liberty to do that and aos. The distinction afaik rests with your intended use of the visa, what other possibilities / opportunities that may transpire as a result of you having that visa are imo of little relevance so far as your application is concerned.

Originally Posted by Folinskyinla

Why do you think Hosseinpour is wrong? In "sheppardizing" the case, it is still good law for the concept that marrying and applying for AOS is not a violation of status. To be honest, I'd be more worried about the lack of funds or source thereof to complete the four year program.

Originally Posted by XxMarcxX

Well, i think that we are not going to get married since the k-1 takes to long and with the F-1 I have the risk of commit visa fraud, so I'll just go there to study with my F-1, or take a loan if I need one, but now I have this doubt, if now I go there, how can I know that in some months, one or two years we won't feel to marry each other? I mean I don't know the future, people minds changes everyday, then what would happen if we decide to do it in the future, I would have to come back to my country and start the k-1 process?

Originally Posted by XxMarcxX

Oh really, that sounds great, sorry Folinskyinla i didn't understand well the article you posted, now I get it thank you very much, so what about if I go there with an F-1 and for example after 5 or 6 months we decide to get married, it wouldn't be a problem the fact that I already been to the same school than her last year (during 6 months) and that i marry that soon? maybe we should wait some more months if we decide to marry while im there studying with the F-1?