K-1 or K-3?

[Jan and Steve 0]

Hi Everyone,

I have a question to ask on behalf of my friend. Here's the story...

She's a Canadian citizen living in New York on a student visa. She met her fiance over five years ago via match.com. He's just got out of the army. Her student visa expires in December of 2009.

Question: if she is in the US legally on a student visa, can she still apply for the K-1? Or would a K-3 be a better option? They want to maximise their time together and avoid any parting if they can help it. Maybe they could get the K-1 or K-3 done with before her student visa expires in December of 2009 (when she would have to return to Canada)? Any thoughts?

Also, they are thinking of hiring an immigration lawyer, what's the general consensus on that?

Thanks for your thoughts and advice!

Janny

[English Muffin 59]

They just need to get married and then adjust status. No need to leave the country and apply for K1 or K3.

Edited to add: I think I'm right about this but someone with more knowledge may prove me wrong!

Edited April 19, 2008 by English Muffin

[~Laura and Nick~ 5]

They just need to get married and then adjust status. No need to leave the country and apply for K1 or K3.

Edited to add: I think I'm right about this but someone with more knowledge may prove me wrong!

You are correct!

Since there was no intent to marry and immigrate upon entry, they are fine to go ahead and get married and just file for AOS.

It's all about intent upon entry.

[Jan and Steve 0]

They just need to get married and then adjust status. No need to leave the country and apply for K1 or K3.

Edited to add: I think I'm right about this but someone with more knowledge may prove me wrong!

You are correct!

Since there was no intent to marry and immigrate upon entry, they are fine to go ahead and get married and just file for AOS.

It's all about intent upon entry.

Really? That's awesome! I didn't know one could do that. So they would just get married, then apply for AOS. Man, I wish I had been in the position to be able to do that. We had to do the whole K-1. But now I am down in the US and all is good, just about to send off the AOS.

Thanks for the infos guys!

Janny

They just need to get married and then adjust status. No need to leave the country and apply for K1 or K3.

Edited to add: I think I'm right about this but someone with more knowledge may prove me wrong!

You are correct!

Since there was no intent to marry and immigrate upon entry, they are fine to go ahead and get married and just file for AOS.

It's all about intent upon entry.

Really? That's awesome! I didn't know one could do that. So they would just get married, then apply for AOS. Man, I wish I had been in the position to be able to do that. We had to do the whole K-1. But now I am down in the US and all is good, just about to send off the AOS.

Thanks for the infos guys!

Janny

I just thought of another question... if they got married and applied for the adjustment of status closer to the end of her current student visa, and it expired during the process, would that be an issue? Would she be able to leave the US to visit Canada, or would she have to wait until she received the green card?

Thanks again!

Janny