Applying for K-1 Visa While On An F-1 Visa

[Chris V 0]

I'm currently on an F-1 student visa to the United States, going to university down here. I'm just wondering if this would cause any problems if my fiancee files a K-1 visa application on my behalf...

1. While I'm already on an F-1 visa

2. While I'm already in the United States

I'm hoping to graduate in December, and my visa will expire and I will most likely be going back to Canada after that, but will it cause any problems if my fiancee files the application now, before my visa expires and before I leave the country?

[1HappyGuy 45]

It should not cause any problems for you currently, however you will likely need to return to your country for the processing to be completed. You should probably check with the time line in the service center that will handle your case to see if that will conflict with your school schedule. You don't want to return to your country before the school term is over.

[rosyanne 0]

You will probably have to go back to Canada before the package 3 arrives.

Like 1happyguy said, you need to check with your service center to get an ideal when that need to happen.

[aussiewench 9]

Chris V

As your wish is to get married........have you looked into marrying in the US and adjusting status.......not having to leave the US once the F-1 has expired.

[solarus 0]

I'm currently on an F-1 student visa to the United States, going to university down here. I'm just wondering if this would cause any problems if my fiancee files a K-1 visa application on my behalf...

1. While I'm already on an F-1 visa

2. While I'm already in the United States

I'm hoping to graduate in December, and my visa will expire and I will most likely be going back to Canada after that, but will it cause any problems if my fiancee files the application now, before my visa expires and before I leave the country?

I've often had several visas @ once, and had an active O2 when I applied for my K1. My lawyer did tell me that it wasn't a probelm.

[Kez/JWolf 6]

If you are planning to get married why not just marry and do AOS from within the USA that way you will not have to return to Canada to complete the K1...

Please see the link for full details of how you do this...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kezzie

[Saddle Bronc 124]

If you are planning to get married why not just marry and do AOS from within the USA that way you will not have to return to Canada to complete the K1...

Please see the link for full details of how you do this...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kezzie

I've more than once responded to people asking to convert from another visa/status (F-1, H1-b, TN-1) with holder already in US. Always, I've told them to get married (in US--exception with H1-b where due to dual-intent allowance, it is "safe" for holder to reenter US after marriage outside) and do AOS rightaway. Basically, converting to K-1 is a waste of both time and money (initial petition fee of $170 + travel costs + visa issuance fees) for such cases. (those on H1-b can save the AP and EAD fees also "safely"--not an option for those on TN-1).

Only one time, I got lambasted by a Limey (whom I informed "I've been on a TN-1 before and gotten a GC from that through Consular processing--and subsequently become a USC; I don't see in your profile that you're even Canadian--minimum eligiblity for TN-1, so I'll assume your comments are based on hearsay").