ktkarthickeyan

hi
i came to the usa on an F1 student visa in 2002. i am engaged to an
american citizen and we want to know if my fiance can petition for me
to become a permanent resident, before we get married. i understand
that if we get married there are no problems...but the question is can
she petition for my permanent residency before our marriage.
i am no longer in school and i dont work anywhere either.
kt

Just Jenney

She can file an I-129F petition to start the K1 fiance visa process. Once the petition is approved you will have to attend the visa interview in your home country, then re-enter the US on the approved K1.

However, since you entered the US on a F1 student visa and you are no longer a student, you may have problems. On what basis are you still in the US? Have you overstayed your F1 visa? If so, for how long? If you leave the US -- even if it's to attend your K1 visa interview -- then you face a possible ban from the US for 3-to-10 years. I'm speculating, of course, because you didn't give a whole lot of details.

~ Jenney

Elvira

If you are out of status, you had better get married quickly and file those papers immediately.

ian-mstm

No. Just get married and file the papers to adjust status. Depending how long you were in the US after you stopped attending school, you may run into reentry problems if you leave the US prior to receiving your green card... in about a year or two!

Ian

Folinskyinla

Hi:

You could do a K-1 -- but that procedure requires a departure from the US to obtain a visa. If you want to know if there is a way for you to stay here legally before the marriage without departure -- the answer is "no."

BTW, do note that "status" in "D/S" continues for 60 days past completion of studies or departure from school.