321.adam

Further ramblings...

If I was to travel to the states with an F1 or M1 student visa, enrolled to study there, would I be able to marry my girlfriend and not have to leave the country for the standard 8-10 months processing? i.e. get married, finish my studies, stay in the states legally.

I just found a course in San Francisco that looks perfect...

Anyone who's been reading my posts is probably now aware that we are considering about every option under the sun. Thanks for the knowledge that's been sent my way so far.
Adam

meauxna

I thought your objections to the K-1 were financial? You'll be in for a shock when you see the non-resident tuition....

The student visas are also non-immigrant; getting one requires you have a home outside the US that you don't intend to abandon.

Folinskyinla

Hi:

This was a topic of one of the sessions at the recently concluded AILA National Conference in Vancouver.

You ask an excellent question -- one that the lawyers are struggling with.

[on the road in Canada]

321.adam

My objections to the K-1 are more about the length of time waiting for one...the financial side of things is a concern - obviously I'd rather not spend enormous amounts of money - but it's not going to stop me.

Our situation is a bit of a funny one, in that we're pretty flexible. I have a home here, a job, prospects etc. If I were to go to the states as a student, it would be because I want to study there. We're looking at the states as our long term place, but then the UK would be great too, at least for a while.

However, we are serious about getting married, it's just a question of where, when and how. Our only real concern is not being separated for too long, and not wasting time.

Sooooooo, I guess the question 'Can I get married on a student visa?' and what it would mean if I did, remains a mystery. Fair enough...wish I could offer a prize to whoever answers it...
Thanks
Adam

ian-mstm

The K-1 is a non-immigrant visa specifically designed with immigrant intent... so when you enter the US on a K-1, it is perfectly legal to marry and stay in the US to adjust your status.

The student visas you mention are also non-immigrant visas, but there is *no* immigrant intent behind them. So, while it's perfectly okay to marry while you're here, you start to run into very grey territory when it comes to actually staying in the US to adjust your status.

It's all a matter of intent... and you have now posted in a public forum, that your intent with these student visas is to use them as a means to circumvent the immigration process. Oh yes, it's very convenient that you can use them to study in the US... but let's not beat around the bush here - studying in the US is not your prime motivation!


And it seems you're going to address that concern by any means possible... whether it's questionable or not.

Ian

321.adam

Fair enough Ian, my prime motivation is definitely being with my girlfriend, that's not a matter of contention. Studying in the US is something I'd love to do, as I'm a graduate, but I need more training in my field. This is something that could come out of study, internship, or a regular old job.

I'm trying to get an idea of all possible options for our situation. If the student visa is as much of a murky area as it appears, perhaps it's best avoided. However, if studying in the states allowed me to achieve my educational, professional and personal goals, perhaps it would be a good way to go.

As far as I can tell the immigration process cannot be circumvented, by its nature it can't be, and there is too much at risk to indulge in questionable methods. The 'intent' business is an interesting issue, and your comments are definitely pushing me towards the K1 route, or marrying in the UK and going to the US as a spouse.

Once again, thanks for the help on this.

Noorah101

My two cents is: Immigration is stressful enough, don't make it more so by putting yourself into murky waters. Go ahead and do the K1 as it is the visa that most appropriately suits your needs. Either that or get married and do the Immigrant Visa. But if your goal is to be together ASAP, the K1 will be faster...simply because you don't have to wait however long it takes to get married. If you've met in person recently, the USC can start filing the I-129F right now.

Just get in the mindset that 8 to 10 months IS the shortest route possible to get to your goal of living together permanently in one country.

Best Wishes,
Rene

BritishGuy36

Eh?

He could travel to the states on the VWP, get married, get a visa for his new wife from the British consulate, and they could both be back in the UK inside a week.

Perhaps you meant to live permanently in the US?

Noorah101

Yes, sorry...I meant to live together permanently in the USA.

Thanks
Rene