F-1 to K-1 visa?

[cara_buk 0]

My bf and I want to get married, he is a US citizen and I am currently an international student with an F-1 visa. Do I apply as if I was still in the UK, or can I apply a more straightforward or different way? My visa expires in July, what happens if the petition is not approved before I am no longer a student? And do I need to leave the country and re-enter with a new visa if everything goes to plan? I am so confused, and we've been looking all day for contact numbers to ask but can't find a way to find this out!

[Kez/JWolf 6]

Have a read of this guide.... it should answer most of your questions....

http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[MPGGPM 0]

My bf and I want to get married, he is a US citizen and I am currently an international student with an F-1 visa. Do I apply as if I was still in the UK, or can I apply a more straightforward or different way? My visa expires in July, what happens if the petition is not approved before I am no longer a student? And do I need to leave the country and re-enter with a new visa if everything goes to plan? I am so confused, and we've been looking all day for contact numbers to ask but can't find a way to find this out!

If your visa expires in July , then I assume you've been here for a while. Most of the concern when applying for adjustment of status from a student visa comes from the fact that if someone enters the country and then a short time later, applies to adjust status, it'll look suspicious, as though that person entered with that intention. Since F-1 visas are good for several years , I don't think if you get married and do AOS now, that it would apply to you.

People routinely adjust status from tourist visas, and the length of time the visa is good for is less than an F-1 (3 -6 months). So, you don't have much to worry about as far as remaining past your visa if you are in the process of adjusting status.

You can look at that link that was provided for you in the other response. You do not have to go back to the UK and return with another visa. Just file for the I-130 and I-485 etc (a few more forms too)....

[cara_buk 0]

Thank you both for your help. It is so frustrating that the process is so confusing with so little advice from the USCIS itself. We hadn't come across the I-130/I-485 route despite trying to figure out how to go about it all day. I have been in the US since January 2005. My actual visa is valid until 2009 but I will no longer be considered a student as of July, and don't have the finances to continue more school then, and don't especially want to either. From the looks of things the best idea will be if we have a legal marriage before July, and then have a nice planned out family affair later on in the year. I saw that there is no need to wait for a visa number as if the petition is approved one will be applied immediately, does this explain why I can't find processing times for an I-130? We live in TX so would be covered by the Dallas Service Center I believe. I'm worried about one visa expiring before the petition has been processed. What would happen then?

[Kez/JWolf 6]

Once you are married and you file for AOS and I-130 together your status will adjustment pending... as you live in TX you should also look for a thread on VJ called DORA I am not too hot on how that works as its is a pilot program.. but I am sure you will find others here who have done it and can help you more than me....

Good Luck

Kez