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Applying for K-1 visa while completing graduate

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  • Applying for K-1 visa while completing graduate

    Hi

    I was hoping someone here could help me answer my question. So, I am in the US on a f-1 visa studying towards a graduate degree. I decided to go to america, so my boyfriend of 4 years and I could try to live together before deciding to get married, the plan has always been that I would go home afterwards and then we would figure out what to do from there. He has now proposed to me and I have a little less than a year before i'm finished with my graduate degree. I see that process takes about 9 months, so I was wondering if it is okay to apply for the k-1 visa when I have 5-6 months left of my stay and thereby try to time the NOA2 with my departure. This way I will only have to wait for the NVC, the embassy and my interview when back in my own country. Which results in less time apart.

    Is this allowed or could this be viewed as fraud?

  • #2
    Originally posted by Rezzia View Post
    Hi

    I was hoping someone here could help me answer my question. So, I am in the US on a f-1 visa studying towards a graduate degree. I decided to go to america, so my boyfriend of 4 years and I could try to live together before deciding to get married, the plan has always been that I would go home afterwards and then we would figure out what to do from there. He has now proposed to me and I have a little less than a year before i'm finished with my graduate degree. I see that process takes about 9 months, so I was wondering if it is okay to apply for the k-1 visa when I have 5-6 months left of my stay and thereby try to time the NOA2 with my departure. This way I will only have to wait for the NVC, the embassy and my interview when back in my own country. Which results in less time apart.

    Is this allowed or could this be viewed as fraud?
    Alternately, you can get married and file I130 and I485 (AOS) right from the US. That way you would not have to leave the country at all. You can do this whenever you want. This would be in lieu of K1 followed by I485.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by Rezzia View Post
      Hi

      I was hoping someone here could help me answer my question. So, I am in the US on a f-1 visa studying towards a graduate degree. I decided to go to america, so my boyfriend of 4 years and I could try to live together before deciding to get married, the plan has always been that I would go home afterwards and then we would figure out what to do from there. He has now proposed to me and I have a little less than a year before i'm finished with my graduate degree. I see that process takes about 9 months, so I was wondering if it is okay to apply for the k-1 visa when I have 5-6 months left of my stay and thereby try to time the NOA2 with my departure. This way I will only have to wait for the NVC, the embassy and my interview when back in my own country. Which results in less time apart.

      Is this allowed or could this be viewed as fraud?
      The point of K-1 is to let you enter the US so you can marry in the US and apply for Adjustment of Status. But you are already in the US, and you can already marry in the US and apply for Adjustment of Status. So why bother with K-1?

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

      Comment

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