so confused...please help!

[future.mrs.beqiri 0]

hello all,

my fiance is an albanian citizen, living in italy while he's completing school. when he finishes school in december 2008, our plan is for him to move to the states. however, he's also planning on doing his master's degree in the states. my question is: if he comes to the U.S. on a student visa and we then get married, do we have to apply for a spouse visa? and if so, would he have to leave the U.S. and re-enter after the spouse visa goes thru? also, is it just better to apply for a fiance visa before he even applies for a student visa?

sorry this is so confusing but i have been sorting thru information and haven't found much.

thanks for any advice or help!

[msu17 0]

No you would just directly file for his green card based on his marriage to you (see guides on top). He would need to stay in the US for this.

[athena_ny 1]

hello all,

my fiance is an albanian citizen, living in italy while he's completing school. when he finishes school in december 2008, our plan is for him to move to the states. however, he's also planning on doing his master's degree in the states. my question is: if he comes to the U.S. on a student visa and we then get married, do we have to apply for a spouse visa? and if so, would he have to leave the U.S. and re-enter after the spouse visa goes thru? also, is it just better to apply for a fiance visa before he even applies for a student visa?

sorry this is so confusing but i have been sorting thru information and haven't found much.

thanks for any advice or help!

I would do the fiance visa honestly, because a student visa is not dual intent, you could wind up having problems at adjustment if they feel he had intent to marry and adjust on entry on his student visa, as far as I know. Probably would want to speak to an immigration attorney to be sure, though.

[Jesse and Hema 2]

I would do the fiance visa honestly, because a student visa is not dual intent, you could wind up having problems at adjustment if they feel he had intent to marry and adjust on entry on his student visa, as far as I know. Probably would want to speak to an immigration attorney to be sure, though.

Agreed. They frown upon people using student visas to find an American man/woman to marry, because people have done that in the past. You will have a more painless time if you do a K-1, I believe. (or a K-3 might be better for your situation)

Edited December 31, 2007 by Jesse G

[future.mrs.beqiri 0]

thanks for all the advice! my dad originally thought that doing the student visa would be the fastest and easiest way to bring my fiance over but i guess the more complex process is the better option.

thanks again!!

[chess 1]

I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.

[Jesse and Hema 2]

I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.

Again, this boils down to intent... if the intent is to use a student visa to come to the states, get married, and stay... That's fraud, using a visa for purposes other than what it was designed for. There's visa's for immigration via marriage. People should use them.

It's not fraud if the fiancée comes on a student visa, gets married, and the K-3 process is started at that point. The wife would then return to the home country when it's time to complete the K-3 application, etc.

[athena_ny 1]

I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.

Again, this boils down to intent... if the intent is to use a student visa to come to the states, get married, and stay... That's fraud, using a visa for purposes other than what it was designed for. There's visa's for immigration via marriage. People should use them.

It's not fraud if the fiancée comes on a student visa, gets married, and the K-3 process is started at that point. The wife would then return to the home country when it's time to complete the K-3 application, etc.

You don't always have to return to the home country, but as F-1 isn't dual intent and upon applying for a student visa you need to show that you intend on returning to the country, I believe this situation COULD present a problem. Is it definite? No, but I believe I told the OP to consult a lawyer anyway, no one here is the end all be all on immigration.

However, the OP can talk to a lawyer about the logistics of him coming here to study as the primary intent then getting married and filing adjustment after he's finished with his studies - but I'm not sure if that would present issues so I'm not going to get into that one. I know people who have met people and married them remained students not filing AOS until they finished their studies or OPT but I'm not going to violate the TOS by giving advice on that in this situation.

[pushbrk 14,514]

I would do the fiance visa honestly, because a student visa is not dual intent, you could wind up having problems at adjustment if they feel he had intent to marry and adjust on entry on his student visa, as far as I know. Probably would want to speak to an immigration attorney to be sure, though.

Agreed. They frown upon people using student visas to find an American man/woman to marry, because people have done that in the past. You will have a more painless time if you do a K-1, I believe. (or a K-3 might be better for your situation)

USCIS is perfectly happy for foreign students to meet and marry US Citizens and then adjust status but that is not the OP's circumstances. She and her fiance have already met and agreed to marry. So, if he now gets a student visa with the intention of immigrating to the US based on a marriage to hs now fiance, that's visa fraud.

If marriage in the US is the priority, then the K1, fiance visa is the way to go, IMO.

[Jesse and Hema 2]

You don't always have to return to the home country, but as F-1 isn't dual intent and upon applying for a student visa you need to show that you intend on returning to the country, I believe this situation COULD present a problem. Is it definite? No, but I believe I told the OP to consult a lawyer anyway, no one here is the end all be all on immigration.

However, the OP can talk to a lawyer about the logistics of him coming here to study as the primary intent then getting married and filing adjustment after he's finished with his studies - but I'm not sure if that would present issues so I'm not going to get into that one. I know people who have met people and married them remained students not filing AOS until they finished their studies or OPT but I'm not going to violate the TOS by giving advice on that in this situation.

I'm not in disagreement. OP, this is worth talking to a lawyer about if you wish to pursue an F-1. (note that most will offer consultation and advice without requiring you to fork out the huge chunk of money they charge to do it all)

Good luck!

[chess 1]

I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.

Again, this boils down to intent... if the intent is to use a student visa to come to the states, get married, and stay... That's fraud, using a visa for purposes other than what it was designed for. There's visa's for immigration via marriage. People should use them.

It's not fraud if the fiancée comes on a student visa, gets married, and the K-3 process is started at that point. The wife would then return to the home country when it's time to complete the K-3 application, etc.

I'm not recommending committing fraud. But if there are real intentions to come to the U.S. to study a student visa is a good way to do so. And it is also good for the couple to have more engagement time before having to decide if they really want to marry or not. If while you are a student you fall in love and get married while you are still in the U.S. legally you do not have to leave the country to file for a K-3 visa. I know through personal experience that this is not so. You file to adjust status and apply for permanent residency after you are married. Of course best to look at Homeland Security's website for the details. You do still have to file an affidavit of support.

[pushbrk 14,514]

I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.

Again, this boils down to intent... if the intent is to use a student visa to come to the states, get married, and stay... That's fraud, using a visa for purposes other than what it was designed for. There's visa's for immigration via marriage. People should use them.

It's not fraud if the fiancée comes on a student visa, gets married, and the K-3 process is started at that point. The wife would then return to the home country when it's time to complete the K-3 application, etc.

I'm not recommending committing fraud. But if there are real intentions to come to the U.S. to study a student visa is a good way to do so. And it is also good for the couple to have more engagement time before having to decide if they really want to marry or not. If while you are a student you fall in love and get married while you are still in the U.S. legally you do not have to leave the country to file for a K-3 visa. I know through personal experience that this is not so. You file to adjust status and apply for permanent residency after you are married. Of course best to look at Homeland Security's website for the details. You do still have to file an affidavit of support.

Your personal experience may or may not match the OP's circumstances but they couple has clearly indicated they intend to marry. She wrote...

thanks for all the advice! my dad originally thought that doing the student visa would be the fastest and easiest way to bring my fiance over but i guess the more complex process is the better option.

And, of course, they have already agreed to marry. It's a little unclear to me whether the foreign fiance would have been coming to the US to study if her weren't planning to marry a USC but even so, the plan to marry and immigrate has been clearly stated here. Visa fraud penalties being what they are, attempting to marry and adjust status while on a student visa would carry a significant risk, IMO.

[future.mrs.beqiri 0]

Thanks everyone...I really appreciate all the suggestions and information that people wrote. We actually have been engaged for a little over a year and are now just waiting for him to finish school before we get married. My fiance wants to move to the states for both personal and educational reasons, which is why I was bringing up the question of which visa he should apply for. We plan on getting married once he is able to move to the states but he also would like to work and go to school here. Now, after seeing what people have suggested, I have to figure out which visa process to go through. Perhaps it is better to apply for the fiance visa and then after we've gotten married, for him to apply to school.

I never realized how complicated this whole process was and have been feeling overwhelmed but I'm so glad I found this website. Now I can gather all the information and help I need! Thanks again!

[DianaShqipJayUSA 0]

Thanks everyone...I really appreciate all the suggestions and information that people wrote. We actually have been engaged for a little over a year and are now just waiting for him to finish school before we get married. My fiance wants to move to the states for both personal and educational reasons, which is why I was bringing up the question of which visa he should apply for. We plan on getting married once he is able to move to the states but he also would like to work and go to school here. Now, after seeing what people have suggested, I have to figure out which visa process to go through. Perhaps it is better to apply for the fiance visa and then after we've gotten married, for him to apply to school.

I had just replied to your other recent posting. So to tag on to my thoughts in that posting, it seems like you could do a "dry run" of both options.

If you two had recently met or haven't had very much in-person time to get to know each other--I would probably suggest the student visa process. But since you have been engaged for quite some time and you seem intent on getting married no matter what happens with school, I think starting the K-1 process in a couple of months would be better.

It isn't easy to figure out what course of action to take, my own process as complex:

Met in USA while she was here on visitor visa visiting family.

We "dated" for two months in USA and got to spend lots of quality time getting to know each other.

She returned to Albania because of work and ministry (not because visa was going to expire).

I went to Albania to help her in mission work, see her "in context", and propose marriage.

Returned to USA and we both waited for me to get employed so we could start K-1 process.

Once Albania got my application, we set wedding date to try to coincide with her visa interview.

We did Traditional Albanian and Christian weddings in Albania

Week before wedding, she still did not get interview--me and my parents made effort at consulate to get that expedited so she could come to States with me after honeymoon.

She ended up getting her visa about a month after I had to come back to USA.

After two weddings, we still had to legalize our marriage in the USA, and had a third wedding...

fast forward to today where we are now in the 90 day Lift Conditions window, she's been working, we have a 15-month old daughter.......and are a bit shocked at the new fees including having to pay a biometrics fee again??!! She already did biometrics for the permanent residency interview.....

Anyway, to clarify...he has a visa for Italy and is living in and doing school in Italy? Then he wants to pursue a Masters in the USA? Unless there is a professionally compelling and financial reason why he needs the Masters degree, I would suggest the two of you use the time to build your life together and professional development. School is expensive no matter what (unless you are fortunate to have scholarships et.al) and the demands of school can put undesirable stress on your life as newlyweds.

Additionally, if he waits until he gets permanent residency, that will better qualify him for in-state tuition rates instead of foreign rates.

Jay