k1 study... other options?

[freetv 7]

Alright I have an interesting question. I have known my fiancee for two years now and I just came back after 6 months together in china. I am now back in the u.s. and she is in holland (we are both in college) studying. So we have a few options and I would like to hear what you guys think is best. Now the first would be to get a student visa and have her come here and change the student into another type (but can you get a k1 visa while she is living in america?). The second would be for me to go to holland and either get married there or file for a k1 visa and see how long that takes. But can you study on a k1 visa without needing to meet the requirments of a student visa ($18,000+ a year ect). So basically I am confused as to what is the best thing to do. I guess I have more options than most ppl because of the three countries envolved and because of the student visa. Is it possible to come here on a b2 visa and change it into a k1? While you are waiting for aos can you study? Is dcf even an option for us in holland (remember she is just a student)? Thanks in advance I could really use some help with this because we really want to go to the same school in the u.s. but start this early so when its time to finish college she can look for a job without having to worry about her visa.

[freetv 7]

hmm it seems going there on a student visa and hoping to change it is possible but illegal if thats your intent. But if she were changing it would that mess up her studies in america? Of course if its illegal we will look at the other options.... I don't want to get banned for 10+ years

[JeroenAndMichelle 28]

Going to the US on one visa and changing it to another is basically legal, yes, this because you declare with the other visas that you will not change status while being in the US on that visa. It could indeed get her banned from the States and that will also mess up her studies in the US of course.

About the DCF, if I am not mistaken (and ppl may correct me if I am wrong here), as the US citizen who files for her, you need to be living in the Netherlands for at least 6 months which would require you to get yourself a visa for the Netherlands (shouldn't be too hard since you are a USC) but then I wonder if you are even able to do this as the consulate in Amsterdam cannot request certain documents from China for Chinese citizens as they would do for Dutch citizens. For some reason I think it is not possible to file DCF for her in the Netherlands as she isn't Dutch. Also, since she is Chinese and through marriage will live with you, I believe there should be a request made at the Dutch INS, I doubt this road towards being together will be such a great idea.

As for her being able to study on a K1 in the US, I doubt this is a problem. With a K1 you will need to marry within 90 days of entering the US and since you will then be eligible to work, I would think you are also be eligible to study.

Personally I think a legal K1 would be the best way to go.

[msu17 0]

I agree, K1 is the best way to go. Her coming here on a student visa with the intent to stay probs. wouldn't be legal. However if that was the choice you decided, she wouldn't switch to a K1, but rather just directly file AOS. She could come here on a student visa and file a K1, but she would need to go home for the interview etc. You going to Holland has no effect on the K1. You can file a K1 at any time or from anywhere, but that doesn't change the process. Going there and getting married is fine, but usually K3 takes longer. Not sure about DCF, but for all countries you need to have established residency there in order to file for a non-usc. Once she is here, there might be a lag time till she can enroll, but it shouldn't take too long. Perhaps have her come during summer. Just remember which every option you choose, once she gets to the US there will be a few months before she can leave (till she gets AP).

Edit: People DO change status from student visas (as long as they don't have a home residency requirement) all the time, but if you have the INTENT to do that when you enter on the student visa, that isn't ok.

Edited October 6, 2008 by msu17

[pushbrk 13,611]

Alright I have an interesting question. I have known my fiancee for two years now and I just came back after 6 months together in china. I am now back in the u.s. and she is in holland (we are both in college) studying. So we have a few options and I would like to hear what you guys think is best. Now the first would be to get a student visa and have her come here and change the student into another type (but can you get a k1 visa while she is living in america?). The second would be for me to go to holland and either get married there or file for a k1 visa and see how long that takes. But can you study on a k1 visa without needing to meet the requirments of a student visa ($18,000+ a year ect). So basically I am confused as to what is the best thing to do. I guess I have more options than most ppl because of the three countries envolved and because of the student visa. Is it possible to come here on a b2 visa and change it into a k1? While you are waiting for aos can you study? Is dcf even an option for us in holland (remember she is just a student)? Thanks in advance I could really use some help with this because we really want to go to the same school in the u.s. but start this early so when its time to finish college she can look for a job without having to worry about her visa.

Since you've already decided to marry and have her immigrate, all other options besides a fiance visa or marry first and a spouse visa are going to violate US immigration law.

I would lean toward marrying in The Netherlands and going the K3 route. This will assure the visa interview is in the country of marriage and allow the most flexibility for when she comes to the US after the visa is issued. The K3 is good for two years.

She'll still need some Notarial translations of documents and a police report from China but usually family members can obtain those on her behalf.