Choosing a K visa?

[B and E 19]

Hi everyone,

I'm an american citizen, and my girlfirend of over a year and a half is currently on an F-1 visa that will be expiring in january. She will have to return to west africa. We were wondering about whether to choose a K-1 visa, K-3 Visa, or even doing an AOS from an F-1 visa that she would be getting next fall. We were discussing if she were to get into a masters program or a phd program if it would be possible for her to file for an adjustment of status from an F-1 after 90 days of entry, how long is necessary before it would be best to apply for AOS if she came back on an F-1? Also, would she need to remain in school if she were to file for AOS?

We also discussed if she were not to get into a school program, but for me to file a K-1 visa after i graduate this spring and get a job. Is a K-1 visa preferable to us going to the courthouse, her leaving, and me filing a K-3 after i get my job? While the K-3 requires more documentation we are unsure whether it would be easier. We are unmarried and do not have joint property, and we would also be living apart, so it would be difficult to show joint ownership. We have many pictures, text, emails, holiday and birthday cards, and friends that could provide support to help prove a bona fide marriage. Would all of that and a court wedding be sufficient to show a bona fide marriage? We also thought about having a traditional wedding in her country while i was on spring break in addtion to an american court wedding.

What is the better alternative between a K-1 and a K-3? Or even an AOS from an F-1? Thanks for your help

-B and E

[feli114 65]

The only one I can speak on is a k1. She would have to be in her country, then you would file for her. This is a fiancé visa. The k3 is obsolete. I would think that since she is a student, it would be best for you two to get married while she is here and she can AOS from F1. Good luck.

[Lainie B 465]

If she is in the US right now, your best course would be to AOS by marrying ASAP, then concurrently filing I-130, I-485, I-765 and I-131. She should have her AP by January if you marry and file right away.

If you do AOS, she can do whatever she wants once she has her green card (school, work, etc).