What are the possible problems with marrying a non-US national if she is planning to apply for an F1 Visa?

[nonredneck 0]

My friend introduced me to his niece who doesn't live in the US. We have been talking over the past two and a half months. We are liking each other so far, and I am going to visit her and her family in December. But I am worried that her current plans may interfere with any marriage if we decided to continue the relationship.

She is studying at a school that has an option to study with a K1 visa after graduation. She is currently in her last year of school and if she gets a K1 visa, she can come to the US to study. The problem I see with this is that we started the relationship after she already declared her intent to the school to want to study abroad.

So there are three possibilities :

1) She gets approved by the school to study abroad, the US government grants her an F1 Visa and she comes to the US to study. If I eventually marry her, will starting the relationship before she came to the US as a student be looked at as marriage fraud?

2) She gets approved by the school to study abroad, the US government doesn't grant her an F1 Visa. If I want to marry her and sponser her with a K1 visa, will this be looked at as being visa fraud if she is denied an F1 visa, then I apply for a K1 visa?

3) She doesn't get approved by the school to study abroad. She nevers apply for an F1 visa. In this case, she would never go to the US embassy for an interview.

Do I even have a chance of her coming/remaining in US in any of the above situations? Her planning to apply for an F1 visa strikes me a red flag. I want to know the best route now to avoid problems later.

[nonredneck 0]

I need to add that she told me that she applied for an F1 student visa 5 years ago and was not approved.

[VanessaTony 3,567]

Her situation does look suspicious BUT 2 1/2 months isn't really enough time to decide if you want to marry someone, and if you decide you don't wanna marry her then she hasn't had enough time to file for the F1.

Usually when a student or visitor visa is denied is because they think she has immigrant intent. Of course with a K1 she has immigrant intent so the previous denials won't hurt her in that way, AND if you can show that you've been talking before she was denied (if she's denied) then that solves the "we only got married or want to get married so she can immigrate" concern.

If i were you I think I would hope the student visa come through so you have time to get to know her better and there's no rush to marriage and you know for sure that she wasn't introduced to you for the sole purpose of getting a GC.

To answer your questions more directly:

1. No. She's already in the US on a student visa and you met her BEFORE she got that visa so she didn't marry you to get the visa

2. Possibly on her part (i.e. marrying you just to study in the US).

3. If you don't apply for a K1 for her (because you decide you're not ready for marriage) then she misses the chance to study, or if the K1 takes too long to process same thing.

Honestly it looks suspicious to me that they "happen" to know about the school allowing study on a K1 and mention that exactly. I also find it odd that your friend "happens" to introduce you to someone planning to come to the US who's already been denied an F1 once, it looks like they are using you to bring her here. Might not be the case but please be careful.

Good luck.

[nonredneck 0]

Dang, I messed up my original post. It should be :

"She is studying at a school that has an option to study with a F1 visa after graduation. She is currently in her last year of school and if she gets an F1 visa, she can come to the US to study. The problem I see with this is that we started the relationship after she already declared her intent to the school to want to study abroad."

I originally had K1 visa instead of F1. The school she plans to apply to doesn't have an option to study with a K1 visa. Sorry about the confusion.

I agree that 2.5 months isn't enough to how a person, but from what I've read I need to get this stuff documented pretty early. It would be at least a year before anything would be done.

My friend really likes me and wants me to be a part of his family. He tried to introduce me to another relative of his who is already an American citizen, but I thought we weren't compatible. So I don't think he's doing it just for a visa for her.

[pushbrk 13,402]

Dang, I messed up my original post. It should be :

"She is studying at a school that has an option to study with a F1 visa after graduation. She is currently in her last year of school and if she gets an F1 visa, she can come to the US to study. The problem I see with this is that we started the relationship after she already declared her intent to the school to want to study abroad."

I originally had K1 visa instead of F1. The school she plans to apply to doesn't have an option to study with a K1 visa. Sorry about the confusion.

I agree that 2.5 months isn't enough to how a person, but from what I've read I need to get this stuff documented pretty early. It would be at least a year before anything would be done.

My friend really likes me and wants me to be a part of his family. He tried to introduce me to another relative of his who is already an American citizen, but I thought we weren't compatible. So I don't think he's doing it just for a visa for her.

How long is long enough for anything between two people is their own business, not the business of strangers.

Based on the circumstances you describe, I would just have her go ahead and come here with an F1 visa, continue the relationship as you wish and then if you later decide to marry, simply so so. She can then adjust her status to legal permanent resident. (Greed card holder)

[Aztec&Taino 144]

How long is long enough for anything between two people is their own business, not the business of strangers.

Based on the circumstances you describe, I would just have her go ahead and come here with an F1 visa, continue the relationship as you wish and then if you later decide to marry, simply so so. She can then adjust her status to legal permanent resident. (Greed card holder)

Exactly!