Can you study on a K-1 Visa?

[Ju_Dan 0]

Hey all,

Just wondering if anyone knows whether or not it will be possible (i.e., legal...I'm not concerned with issues about my fiancee needing to apply and be accepted) for my fiancee to study full-time in the U.S. while she has her K-1 visa?

I spoke with a university representative and they thought that she was permitted to study (i guess study is allowed, work authorization is different...?), but I wanted to see if anyone here had relevant knowledge/experience.

Sorry if this is the wrong forum for this post...

Thanks in advance for any advice!

[Otto 83]

The answer isn't really a legal one, it is more of a bureaucratic/academic one. It is up to the institution as to whether or not your fiance (spouse) can enroll. USCIS won't really care.

[DoneWaiting 15]

Dan, if you and your fiancee have complied with the 90 requirements and you have processed the adjustment of status, she is consider to be a legal immigrant, able to work as long as you/her submitted I-765-working permit, I am assuming she received a SS Card.. She is able to attend school, you will need to see school guidelines..

Edited October 23, 2009 by ImWaiting

[Justine+David 218]

Probably is the answer.

I asked about my future husband attending the University of Maryland, for example, and they told me that if he has his green card when he starts school, he'll be considered a U.S. citizen for tuition and financial aid purposes.

However...

If he didn't have his green card then and was just pending, then I would have to do all sorts of paperwork, affidavits, and come up with all the money for the entire year in cash up front, including room and board...when I asked the lady, "Well, I pay rent month to month with my job. Does that count?" "No, you'll have to show a years worth of rent in cash plus the all of the tuition in your bank account."

So...hopefully we get the green card within 8 months of him getting here!

Good luck!

[Ju_Dan 0]

Here's a little more clarification on our situation...

My fiancee and I are currently in the application process for the K-1. We have received an interview date in mid-December and foresee no reason why we would be denied the visa (of course we understand that there is a small possibility). She is interested in enrolling in a pre-MBA program that commences in January at a university here in the states. It is not a full undergraduate/bachelor's program, but it is considered full-time study and the university normally grants I-20's to accepted international students so that they can get student visas to attend.

In our case, we are planning for her to receive the K-1 visa in mid-December (again, we realize that there is uncertainty/risk around the timing of her actually receiving the visa), immediately come to the U.S. after receiving the visa, and then enroll in the university program in January.

I just want to know if a K-1 visa holder is legally permitted to study full-time in the U.S. (without applying for adjustment of status, temporary work authorization, or any of that...which we will apply for at some point). It seems to be okay from the university's perspective.

Thanks.

[TracyTN 237]

As has been said here, there is no immigration reason she cannot study once she arrives. Upon her entry, she will be given an I 94 which her status is then derived from (the K1 is null and void after using it to enter). Once she applies to adjust status, she is in a period of authorized stay and cannot be deported/removed while the I 485 is being processed.

Your problem is the school and what immigration status they'll require her to have in order to study there. They may want her to at least have her green card, but it likely depends on the school. Why don't you call and ask them?

I'd also imagine they'd want her to have an SSN, so go to your local SSA office around 10 days after she arrives and apply (print out the info in the link from my signature and take it with you).

[TBoneTX 43,247]

This thread from 2009 is now closed to further comments.

A recent post has been:

1) split from this thread,

2) moved to the "Moving to the US" forum, and

3) given the topic title "In AOS Process -- Questions about College Enrollment [split topic]."

VJ Moderation