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Tee and Megan

Adjusting to a K-1 from a Student Visa, Any Advice Helpful!

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Hello amazing VJ Community!

VisaJourney has helped me and my husband SO much since we first started this immigration journey, from figuring out what visa we needed to filling out the paperwork, to the interview process to all the arduous long waiting in between. Now my sister is beginning the process herself and we really could use some help figuring out how things are going to go.

Her beloved is from India. When they file, they'll have known each other for over a year. They have loads of evidence together. He's currently here on an F-1 Student Visa and he's been studying and working in the U.S. for the last 7 years. They are hoping to adjust his status from the F-1 to a Fiance Visa.

Our questions are:

1. Will he have to return to India in order to apply for the K-1? Or can he adjust his status while he is still here studying?

2. Are there any guides on VJ or does anyone have experience with adjusting one's status from an F-1 to a K-1? Is there a specific form? Or does he just genuinely have to give up his F-1 visa, move back to India and wait till the K-1 is processed?

Thanks so much everyone! So grateful for your help!!

Megan and Tee


All that we are and all that will be we dedicate to the One who brought us together

Timeline:

K-1 Journey:

Petition sent: 03/27/2014

Interview date!!! 10/06/2014

AOS:

Packet received at Chicago Lockbox: 2/2/2015

EAD approved! 2/26/2015

AP approved! 2/26/2015

Green card received!! 09/24/2015

ROC: 

I-751 sent off to CSC: 7/25/2017

NOA1: 7/27/2017

Filed Inquiry into Biometrics status: 9/18/2017

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Our questions are:

1. Will he have to return to India in order to apply for the K-1? Or can he adjust his status while he is still here studying?

2. Are there any guides on VJ or does anyone have experience with adjusting one's status from an F-1 to a K-1? Is there a specific form? Or does he just genuinely have to give up his F-1 visa, move back to India and wait till the K-1 is processed?

Thanks so much everyone! So grateful for your help!!

Megan and Tee

1. Yes to both questions.

2. He can not adjust from a F1 TO A K1, K1 is a visa to allow someone to enter the US and marry. If for whatever reason he wants to go the K1 route then it would be issued in India. Most people in this situation marry and adjust, but they certainly can go the K1 route


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1. Yes to both questions.

2. He can not adjust from a F1 TO A K1, K1 is a visa to allow someone to enter the US and marry. If for whatever reason he wants to go the K1 route then it would be issued in India. Most people in this situation marry and adjust, but they certainly can go the K1 route

Thanks so much Boiler! So they could just get married and apply for..umm...a spouse visa? Or just a Green Card?


All that we are and all that will be we dedicate to the One who brought us together

Timeline:

K-1 Journey:

Petition sent: 03/27/2014

Interview date!!! 10/06/2014

AOS:

Packet received at Chicago Lockbox: 2/2/2015

EAD approved! 2/26/2015

AP approved! 2/26/2015

Green card received!! 09/24/2015

ROC: 

I-751 sent off to CSC: 7/25/2017

NOA1: 7/27/2017

Filed Inquiry into Biometrics status: 9/18/2017

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They would just get married in the US and then apply to adjust status to a permanent resident(green card). No visa needed. Visas are to enter the US. They are already in the US. This would be the guide to follow if they choose to marry and file for AOS > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to What Visa Do I Need ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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They would just get married in the US and then apply to adjust status to a permanent resident(green card). No visa needed. Visas are to enter the US. They are already in the US. This would be the guide to follow if they choose to marry and file for AOS > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to What Visa Do I Need ~

Thank you also, KayDeeCee!

So they don't have to provide all that proof of how they met and tons of pictures of their relationship and everything? All the crazy stuff that we had to provide for the K-1? thank you again.


All that we are and all that will be we dedicate to the One who brought us together

Timeline:

K-1 Journey:

Petition sent: 03/27/2014

Interview date!!! 10/06/2014

AOS:

Packet received at Chicago Lockbox: 2/2/2015

EAD approved! 2/26/2015

AP approved! 2/26/2015

Green card received!! 09/24/2015

ROC: 

I-751 sent off to CSC: 7/25/2017

NOA1: 7/27/2017

Filed Inquiry into Biometrics status: 9/18/2017

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Is your sister a US citizen?

She is! By birth. Does that change things?


All that we are and all that will be we dedicate to the One who brought us together

Timeline:

K-1 Journey:

Petition sent: 03/27/2014

Interview date!!! 10/06/2014

AOS:

Packet received at Chicago Lockbox: 2/2/2015

EAD approved! 2/26/2015

AP approved! 2/26/2015

Green card received!! 09/24/2015

ROC: 

I-751 sent off to CSC: 7/25/2017

NOA1: 7/27/2017

Filed Inquiry into Biometrics status: 9/18/2017

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Thank you also, KayDeeCee!

So they don't have to provide all that proof of how they met and tons of pictures of their relationship and everything? All the crazy stuff that we had to provide for the K-1? thank you again.

They will still need to prove their marriage is legitimate and not just for the purposes of obtaining a greencard. So they will need ongoing proof of their relationship, such as pics, wedding cards, mailings to the same address, having each other on their auto and health insurance, etc. They will have an interview with a USCIS officer to verify this information before a greeencard is issued. It sounds like a lot, but it's really not. Follow the guide that has already been posted and they should be fine. The whole process usually takes 3 to 6 months from the day of filing.

Good Luck!

Edited by Teddy B

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~ Moving again from What Visa Do I Need to AOS from Work, Student & Tourist Visas -pretty clear all other options are off the table ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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