Taking Master's in US with dual citizen girlfriend. Best way to get permanent residency for me?

[manholy 0]

Hi everyone. I My girlfriend is a US and Philippine dual citizen and she and I have plans of getting married. She grew up, studied and works here in the Philippines (she was born there and went to school there for a year). We met here in the Philippines. We have plans of studying in the US to get our MBAs/Master's degrees and we are planning to apply to some good programs over the next few months.

 

The plan is for us to move and work to the US. How do we go about getting permanent residency and eventually citizenship for me? Should we get married here and then go there as students and file for change of status? Or can a fiance visa come into play somehow?

 

I went to university in the US and came back immediately to work for my family business. We both have good jobs here in the Philippines and we were both good students (many moons ago).  I currently hold a 10 year US visa and have never been denied. I've flown in and out of the US probably 20+ times so as far as they are concerned I'm probably not an illegal immigrant risk. My parents are well-established here in the Philippines, while hers have retired in California. My parents will sponsor my tuition and lodging, while she will apply for financial aid, and live in the apartment my parents will lease for us. The school I am targeting is in NYC.

 

We've created several action plans, but we have no experience whatsoever and would love some input based on actual experience and wisdom from you kind folks here at Visa Journey. Hoping somebody can give some advice on the best route to getting that green card.

 

Key facts:

• I am 30, she is 28. We are not engaged but we are talking about marriage and want to settle down together. She wants us to live in the US and I would like to be there with her.
• I am a Philippine citizen, got my bachelor's in the US, worked for my father's various businesses for 4 years, have been working for other companies for 4 years. I currently have a valid 10 year US tourist visa. My parents are well-established here in the Philippines and will retire here soon.
• She is a dual citizen, was born in the US, went to school there for a year but grew up, studied and works here in the Philippines. She has a good job at a big company here in the Philippines. Her parents are retired in CA

Key considerations:

• We would prefer not to get separated/spend time apart  
• I hope to study ASAP : the probability of getting accepted into top MBA programs decreases as age increases. Shooting for the Fall 2018 intake. A K1 visa might throw a wrench into our timelines
• She has plans to study as well, but is willing to work in the US while I study to prove domicile and to generate income (my father will sponsor my studies, including living expenses, but we want to start saving up for her tuition and our future as well)
• We want kids before she turns 33, but we also want both of us to have completed our master's degrees (2 years each) and found good jobs by then

 

Please let me know if any of the below action plans are feasible, and what steps should we take to execute these? And if none of the below are possible, what would be the best route to take? 

 

1. Get married in US on F1 visa --> 
   • I apply for student visa 
   • We will live in the same apartment (ideally in NYC - fingers crossed I get accepted into my school of choice)
   • study there, and propose and get married while there
   • she works while I study 
   • file for change of status
   • after I graduate,  and once I get permanent residency, she will then study while I work
   • Pros: Study timeline will be uninterrupted
   • We will not be separated/spend time apart
   • Concerns: Will this be considered fraud because there are plans of marriage down the road?
2. Get married in PH --> petition after/during study
   • Propose, get married here in the PH
   • Apply for student visa
   • Study there while she works
   • She petitions/files for my green card as my student visa is about to expire
   • Pros: Study timeline will be uninterrupted
   • We will not be separated/spend time apart
   • Concerns: Will I have difficulty procuring a student visa because I would be married to a US citizen?
   • Will this be considered fraud because we intend to apply for a change of status a few years down the road?
3. K1 Visa : After study
   • I apply for student visa, study there, live with her while she works
   • After graduation return home and file for K1 visa
   • If possible, apply for K1 visa while studying so processing time is concurrent with course?
   • Pros: Clean process: more by-the-book
   • Concerns: How long will we be separated? We would hate to be apart from each other and this is a situation we would like to avoid.
   • Is it possible to file for K1 while I am still a student so the paperwork will begin while I am studying?
   •  Is working there for ~2 years enough to prove domicile? 
4. K3 Visa : After study
   • Same as above except we get married after studying
   • Either get married in the US and then return home and file for K3 visa, or get married in the PH and file for K3 visa soon after 
   • Can she stay in the PH with me while waiting for the K3 visa? Or will she have to work/study in the US while the petition is in progress to establish domicile
   • Can I stay with her in the US while she is studying/working and while we are waiting for the visa? Can I use my tourist visa to do this?
5. Direct Consular Filing: Is this an option?
   • Is this an option for us? She has basically lived here for 25 years. What does she need to prove domicile? We really do intend to live and work there after marriage/studying.
   • Can she file for this during my studies if we get married beforehand?
   • Can she file for this after my studies and after I return to the PH? Can she wait with me before returning to the US? 
6. Any other options: kindly advise!

 

 Thanks in advance and hoping to hear back favorably soon!

Edited October 5, 2017 by manholy

[Roel 7,191]

Oh wow you ovethink this so much. Also trust me, no one will read that much txt lol. I didn't.    Also don't worry about citizenship. That's a looooooooong way ahead. 

 

If she's a citizen of US she needs to do this first : show proof of filed US taxes and establish domicile in the US. Get a job there. IDs.  Home.  Without those thigs she will NOT be able to sponsor you. 

 

Going there on the student visa with a plan to adjust is A FRAUD. So forget about that plan.

 

After your girl establish domicile she can sponsor you. You can do K1 visa and get married in the US. Then through AOS you get a green card.  You can marry in your country and then file for Cr1 spouse visa. You Get a green cars after entry to USA. You can attend school with both those visas and green card. 

 

Either way your girl has work to do and she'll probably have to move to the USA first alone to fix her domicile. 

 

Those are only two options. If you plan on pernamently living in the US. Adjusting from student visa or tourist visa would be a fraud in you case. Don't do that. 

Edited October 5, 2017 by Roel

[BuiQuang 95]

1.  visa fraud.  can not use nonimmigrant visa to come to US to change status.  fraud. 

2.  see 1.

3.  way 2 complicated.  waste of time. 

4. k3 no longer use

5. possible

 

here ur fiancee's problem.  no us tax returns.  no us domicle.  she need to figure out both before she can file anything for u.

 

advice.  get marry.  she move to US.  she file for spousal visa.  u move to US one year.   tuition cheaper for green card holder.  foreign student pay lots more.