Need Help Regarding Which Visa to Obtain?

[maegantee 0]

Hi there! I apologize for the amount of questions.. just really needing some answers!!

My boyfriend (will be fiance at time of applying for either visa) from the UK is wanting to come over to the US to study at Seminary school. Because it's too difficult for us to get a visa for me we thought (potentially a little naively) it would be easier for him to come here. Question is, should he come on a K-1 or F-1 visa?

We're wanting to get married in September (possibly earlier if we had to) and obviously spend as little time apart as we can. We've been together for about 8 months. If he came over on an F-1 student visa, could he study in April and then we get married in September without them questioning him for visa fraud? Or would it be worth going through the process of getting a K-1 to avoid that hassle but could he study once he is over? How long would a K-1 visa take if we're trying to plan a wedding? When should we apply for these?

Also, being only 22 and just returning from a 6 month trip to the UK, I'd just be starting a new job that met the 125% income level to support him, but I'd only be in it for a few months before applying for the visa. Would it be worth having a joint sponsor (my family) for him to come over?

Thank you in advanced!!

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need Forum~

~Inquiry about visa types~

[NikLR 13,227]

The I-129F petition takes about 4-8 months, then you have the interview on top of that which can be a 1-3 months until an interview is scheduled. Then you have 90 days to get married upon entry (6 months to use the visa) BUT you can always plan a big ceremony for after and just do a little cheapo court wedding so you can start the adjustment of status. Your spouse will not be able to work or travel until you file for AOS and their Advance Parole and Employment Authorization Document is approved (about 3 months from AOS filing date.) So during that time they cannot work, travel or go to school.

[NikLR 13,227]

The affidavit of support information isn't needed until the interview for a K1 and it's non binding (I-134) and I believe it's only 100% not 125%. You will need the legally binding affidavit of support (the 125% one) when he does the AOS so that gives you from 4-8 months or so to have the AOS ready. My husband had been working for 6 months when we did our affidavit of support and it was fine. We included pay stubs that showed his annual wage which helped I think.