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

[Tee and Megan 10]

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

[Boiler 43,423]

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

[Tee and Megan 10]

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?

[KayDeeCee 4,891]

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 ~

[Tee and Megan 10]

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.

[aaron2020 11,651]

Is your sister a US citizen?

[Tee and Megan 10]

Is your sister a US citizen?

She is! By birth. Does that change things?

[aaron2020 11,651]

She is! By birth. Does that change things?

Since he is already here, they can get marry and adjust his status for legal permanent residency. He gets his green card.

[Teddy B 17,251]

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 March 6, 2015 by Teddy B

[KayDeeCee 4,891]

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