K-1 when fiancé is in US already, as a medical resident?

[MMoses 0]

Hello,

My fiancé is Jordanian, and I'm American. He will be a medical resident here in the US in 2015. How does one go about marrying a foreigner who is already in our borders, legally and easily? The goal would be to either bring him here on a k-1, or simply let his academic/educational visa bring him over, and marry.

Also, I have assets, but little documented income. He, as a medical resident, will have a contract as of March 2014, for a job that pays around $40,000 a year. Given we'll need to apply for visas much, much sooner than that, how does that work. As it is, we're both university students, with nothing.

We love each other very much and want to be together, and just want to find the best way to make that happen.

[N-o-l-a 7,167]

If he is here legally, why not marry and adjust status? A K1 isn't needed if he'll already be here.

Did you mean 2015 until he comes here as a resident?

[Cathi 5,610]

Is he already here? If he isn't here yet and he comes on the education visa, you cannot legally marry him here and attempt to adjust status. You have stated that is your intention. Coming to the US on one visa with the intent to marry and adjust status and remain here is immigration fraud and carries a lifetime ban. If he is already here that is a different story. Let us know where he is now.

Edited January 14, 2013 by mimolicious

[aaron2020 11,651]

Hello,

My fiancé is Jordanian, and I'm American. He will be a medical resident here in the US in 2015. How does one go about marrying a foreigner who is already in our borders, legally and easily? The goal would be to either bring him here on a k-1, or simply let his academic/educational visa bring him over, and marry.

Also, I have assets, but little documented income. He, as a medical resident, will have a contract as of March 2014, for a job that pays around $40,000 a year. Given we'll need to apply for visas much, much sooner than that, how does that work. As it is, we're both university students, with nothing.

We love each other very much and want to be together, and just want to find the best way to make that happen.

The best way to make it happen is to do it the legal way.

It is illegal to enter the US with a non-immigrant visa (like a visa for a medical residency) with the intention to adjust status and immigrate to the US. To qualify to use the non-immigrant visa, your fiancee would have to have the intent not to adjust and remain in the US. By having the intention to adjust and immigrate, he would use his non-immigrant visa to immigrate which is illegal.

You need to do the K-1 if you want him to immigrate to the US. Since you do not have the requisite income, then you will need to get a co sponsor for the petition.

His anticipated income is irrelevant. It is not current or reliable. It is only a possibility and will not count.

[Penguin_ie 5,985]

It all depends on whether he is already here or not.

- If he is in the USA and has no intention of marrying you and staying before he came, then you should get married and AOS (Adjust Status). Only drawback is he won;t be able to leave the country for about three months: http://www.visajourney.com/content/i130guide2

- If he is not yet here, and only plans to come in 2015, then applying for a fiance visa a couple of years beforehand would be the way to go.

[MMoses 0]

It's complex because his plans to do residency in the US have been in place since before he met me, but it's also the year I finish school and would be ready to move forward. He would be coming to the US to study, and ALSO to be with me. Either thing is somewhat fraudulent, because if we apply for a K-1 say a year from now, there will already be a student visa in the making, as offers for medical graduate residency take a very long time to place. So, if he comes as a fiancé, he already has a student visa. If he comes as a student, plans for which have been in place for years, he'll be doing so knowing he might stay. So, it's something of a catch-22.

[N-o-l-a 7,167]

It's complex because his plans to do residency in the US have been in place since before he met me, but it's also the year I finish school and would be ready to move forward. He would be coming to the US to study, and ALSO to be with me. Either thing is somewhat fraudulent, because if we apply for a K-1 say a year from now, there will already be a student visa in the making, as offers for medical graduate residency take a very long time to place. So, if he comes as a fiancé, he already has a student visa. If he comes as a student, plans for which have been in place for years, he'll be doing so knowing he might stay. So, it's something of a catch-22.

I think you can feel morally ok with him staying with the student visa, because it is my understanding that foreigners who do their residencies in America tend to stay in America anyway. Am I wrong in thinking that?

[Rob & Monika 87]

I think you can feel morally ok with him staying with the student visa, because it is my understanding that foreigners who do their residencies in America tend to stay in America anyway. Am I wrong in thinking that?

That's what I was thinking. In all likelihood he will be able to get working papers after he completes his residency anyway. If that is his intent, to get a job in the US afterwards, whether you came along or not, I wouldn't worry about it. A fiance visa just gets him over the border so he can AOS, and he can't hold both a fiance and a student visa at the same time. Though the CBP may recommend that once his residency is done to have him go back home and apply for a IR1 and wait a year, but I doubt it will cause problems given his field of work if he just adjusts status.

[bigdog 376]

This sounds like you should be able to do something without him going home, maybe a quick consultation with an immigration attorney if no one here has done this.

[Gary and Alla 3,694]

Hello,

My fiancé is Jordanian, and I'm American. He will be a medical resident here in the US in 2015. How does one go about marrying a foreigner who is already in our borders, legally and easily? The goal would be to either bring him here on a k-1, or simply let his academic/educational visa bring him over, and marry.

Also, I have assets, but little documented income. He, as a medical resident, will have a contract as of March 2014, for a job that pays around $40,000 a year. Given we'll need to apply for visas much, much sooner than that, how does that work. As it is, we're both university students, with nothing.

We love each other very much and want to be together, and just want to find the best way to make that happen.

While he is here, marry him and submit an I-130 for a foreign spouse.

He can remain in the US as long as his educational visa allows him to. He will return to his country for an interview for the CR-1. The affidavit of support will be submitted to NVC before the interview and he CAN self support or contribute to his support if he has a source of income that will continue after he is issued his visa.

That is the legal way to do it.