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swed2ca

Currently F-1, leave and back on K-1?

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Well, here's a question I've had some difficulty searching and finding info on...

I am currently in the USA on an F1 student visa. It will expire when I leave the country at the termination of my studies at the end of March (at least I believe so)... I finished classes last week, and will be heading back to Sweden March 30th. Our plan was to file an application for K1 visa (I-129F) so that I could come back on a fiancee visa and get married. In the meantime while the K1 is being processed I was going to come back to the states to visit my boyfriend in about 1.5 months on a tourist visa, stay the 90 day period, and return hopefully at the same time as my interview and medical exam in Sweden.

My understanding is that my F1 will be done and expired because I have graduated and I am going to be leaving before using up my 60-day grace period. I should be ok to start the K1 proceedings correct? And I assume while the K1 is being processed I can return on a tourist visa, if I have valid proof (airfare, etc) that I will not overstay the 90 days?

Thanks for any help.

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You can get married and file adjustment of status but it has to be now.

Do not leave the country before doing that, you can stay with your husband while the process goes thru


Uscis CSC (13 days)

01-14-2012 I-130 mailed by FedEx

01-17-2012 I-130 delivered to Phoenix uscis office

01-20-2012 NOA1

01-23-2012 Touched

01-27-2012 Request for expedite by phone (USC baby ILl)

02-02-2012 Expedite documents emailed

02-03-2012 i-130 Approved

NVC (6 days)

02-10-2012 NVC Received

02-14-2012 NVC case number assigned

02-14-2012 Expedite request resent

02-16-2012 Expedite Approved

03-13-2012 Medical

03-22-2012 interview

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You can get married and file adjustment of status but it has to be now.

Do not leave the country before doing that, you can stay with your husband while the process goes thru

Yes, but we'd like to not get married now. We would like to go through with the K1 and then when I get back to the states on the K1 get married. It is longer and more convoluted, but we would rather not rush the marriage now, although we know we want to get married when the time comes.

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