Changing Visa from R F-1 Student Visa to either CR-1 Visa, or K-1 Fiance(e) Visa

[Fictionaljezus 0]

Hello, I just proposed to my girlfriend. She is from South Korea. Is currently living here on a R F-1 Visa. I am wondering what is the fastest way to do the marriage? Would it be better to route the paperwork for a K-1 visa so she able to stay in the US with me. Her F-1 visa does not expire until 2016. But she has to be enrolled in school for this visa to stay active. Or would it be better to get married then route the package for the CR-1 visa. I am also in the military and am changing duty stations from Hawaii to California in 6 months. Her schools stops in August. I move to California in October and would like for her to come with me. I need to know all the proper and correct steps to take to ensure this can happen. I am very lost in this and any help would be grateful. We have the I-130 and I-485 forms filled out. I understand this is only the first step. I don't what to do from the point of having these filled out. I don't have them filed because I want to make sure I have everything good to go before filing them. I don't want to have any EORs. I will check on this whenever someone repsonds. Or Please feel free to email me @ a_white4306@yahoo.com

Please and Thank you,

White, Aaron

[jcruzazucar 131]

Hello, I just proposed to my girlfriend. She is from South Korea. Is currently living here on a R F-1 Visa. I am wondering what is the fastest way to do the marriage? Would it be better to route the paperwork for a K-1 visa so she able to stay in the US with me. Her F-1 visa does not expire until 2016. But she has to be enrolled in school for this visa to stay active. Or would it be better to get married then route the package for the CR-1 visa. I am also in the military and am changing duty stations from Hawaii to California in 6 months. Her schools stops in August. I move to California in October and would like for her to come with me. I need to know all the proper and correct steps to take to ensure this can happen. I am very lost in this and any help would be grateful. We have the I-130 and I-485 forms filled out. I understand this is only the first step. I don't what to do from the point of having these filled out. I don't have them filed because I want to make sure I have everything good to go before filing them. I don't want to have any EORs. I will check on this whenever someone repsonds. Or Please feel free to email me @ a_white4306@yahoo.com

Please and Thank you,

White, Aaron

Hello,

Please see the link below. If you are a citizen, go to the one that says "US Citizen: Inside the U.S. (lawful admission). Good luck!

http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Here's the VJ Guide: http://www.visajourney.com/content/i130guide2

Edited April 29, 2014 by jcruzazucar

[baron555 934]

She will have yo return to get country for a K-1 or CR-1 visa, no way she can stay here for any visa.

You could get married and then try to AOS while she is here but there could be a chance visa fraud could be construed and then possible life ban.

Returning back is the sure bet.

[KayDeeCee 4,895]

Good grief.. there is no visa fraud involved if you choose to marry, have her adjust status and stay. It is perfectly legal to do so. No need to file for a K-1 or CR-1 and have her leave and go back to her country to get a visa processed. Get married here in the US and then follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

[AnotherLostSoul 167]

@baron555: not to be picking a bone with you, but you do realize that 99% people on this thread section actually go through AOS from F1 visa, right? That is not a visa fraud, not even for a second...

@OP: as Jay-Kay said, just file for AOS. The only thing is that your girlfriend will have to decide either to completely terminate her SEVIS record, or not. Both have good and bad sides. Good side if she terminates her SEVIS record is that she doesn't have to be a full time student anymore, or pay international fees (if she is paying by herself). Bad side of the coin: if her AOS for some reason fails and she gets denied then she has to pack up go and go back to Korea. If she however maintained her SEVIS in the duration of AOS, then in case AOS fails and she gets denied, she can stay in the US until 2016 and finish her studies that she came here for originally. I highly recommend that she maintains her SEVIS until the outcome of AOS. Although a bit more painful, as she'll have to stay in school and be like she was before as an international student by all means, but at least if for some reason AOS fails, she can still stay (and maybe try later AOS, like in 2015, or beginning of 2016). Although, I highly doubt her AOS will get denied, but who am I to say this, right? So just play it safe. Also, if you are going to be stationed in CA that will be a bit challenging for her (assuming here she is studying in Hawaii right now). She'll have to stay in Hawaii, and you guys will have to decide where to file and who will be flying for the interview when it will come down to it. Although, USCIS does not like when couples don't live together when filing AOS, but if they see it is because she is studying they will completely understand (they understood it in our situation at least).

Good luck!