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Wondering about the Fiancee Visa vs. green card

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  • Wondering about the Fiancee Visa vs. green card

    Hey guys,

    I'm currently an international student in the United States but graduating next year. I am getting pretty serious with my American boyfriend and we are already thinking about long-term plans. Because I am not a permanent resident, I am not able to stay in the United States for longer than my duration as a college student. For this reason, I had to go back to my home country for summer internships in the past because I could not find a firm that sponsored. Fortunately my current summer internship looks promising and I hope to obtain a full-time offer that would grant Green Card status through the H1B visa. But if this doesn't happen, I don't have many other options besides delaying my final year of college to search for a job at a sponsoring firm...

    I am wondering if the fiancee visa, if I obtain it after I graduate, will allow me to stay? Or should I be looking into the green card process because I am already in the U.S. on a student visa?

    Permanent residency would be highly preferred, but obviously if the job offer doesn't happen, my first priority is being able to stay in the U.S. Thanks!

  • #2
    Originally posted by maydn18 View Post
    Hey guys,

    I'm currently an international student in the United States but graduating next year. I am getting pretty serious with my American boyfriend and we are already thinking about long-term plans. Because I am not a permanent resident, I am not able to stay in the United States for longer than my duration as a college student. For this reason, I had to go back to my home country for summer internships in the past because I could not find a firm that sponsored. Fortunately my current summer internship looks promising and I hope to obtain a full-time offer that would grant Green Card status through the H1B visa. But if this doesn't happen, I don't have many other options besides delaying my final year of college to search for a job at a sponsoring firm...

    I am wondering if the fiancee visa, if I obtain it after I graduate, will allow me to stay? Or should I be looking into the green card process because I am already in the U.S. on a student visa?

    Permanent residency would be highly preferred, but obviously if the job offer doesn't happen, my first priority is being able to stay in the U.S. Thanks!
    Fiance visa is for those who are not in the country. If you are currently in the country, you have two options. You can file for the fiance visa knowing that you will go back to your country for the interview when the time comes. Your second option is to adjust your status after marriage to your partner. You have to weigh the likelihood of your staying in the US after college.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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    • #3
      The whole point of K-1 is to allow you to enter the US so you can marry and apply for AOS. You are already in the US and can marry an apply for AOS. Not sure why you are even looking at K-1.

      This is my personal opinion and is not to be construed as legal advice.

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