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Long term visit with a Student Visa while waiting for K1 to go through TSC?

By TRUSTNOONE in Student & Exchange Visitor Visas

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TRUSTNOONE Contributor

TRUSTNOONE   8

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Filed: K-1 Visa Country: France
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Hello everyone,

Does anyone know if coming on a student visa while waiting for a K1 to go though is problematic?

Here's the situation, my fiance and I have known each other/been together for almost two years. I have gone to visit him in France twice. He has been to the US to visit for three weeks this past Dec-Jan. We both met up in a third country this past Spring so he could meet my father. We are waiting for our papers to go through TSC. We can't afford to visit each other anymore because of health care bills (in addition to regular life, lol). I'm having surgery next month to remove a tumor (we are unsure if it's malignant or not) and of course we want to be together but as I said we can't really afford that unless possibly we weren't "losing time". What I mean is....in a way, a visit would be "lost time" but if he came here and took English lessons at an University Institute nearby then it wouldn't really be "lost time". Though he wouldn't be working the lessons would really help, and OF COURSE we would be spending time together and the daily practice would be great. (He knows English but would greatly benefit from further structured lessons at this point.)

We thought to maybe invest in him coming and starting lessons while we are waiting for the K1 visa. It would "save time" for him in having to start the lessons after he comes here and we get married. I know he wouldn't be able to work for at least 90 days after the wedding but then he could just take some more lessons etc.

Any input would be great.

Thank you

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Boiler Grand Master

Boiler   43,576

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Filed: K-1 Visa Country: Wales
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Would he not be better carrying on working and saving if you are short of money?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Pitaya Grand Master

Pitaya   2,576

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Filed: Lift. Cond. (apr) Country: China
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Are you implying that you want him to come over on a student visa with marriage intent?

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

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clairegie Proficient

clairegie   265

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Filed: Citizen (pnd) Country: Philippines
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Not sure if this is a good idea. You can't afford to visit each other so he comes here, you go for your surgery and he is stuck here without a job. So in the end there will be 2 people not earning/saving money. Then he has to go back home come interview time, then pay again to come back to the US. You are saving "time" but not saving money. What lessons are you referring to anyway? He has a higher chance to save money by getting some temporary job in his country.

Edited by iammrsregie

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TRUSTNOONE Contributor

TRUSTNOONE   8

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Filed: K-1 Visa Country: France
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Are you implying that you want him to come over on a student visa with marriage intent?

No! Just to be able to wait it out TOGETHER.

Not sure if this is a good idea. You can't afford to visit each other so he comes here, you go for your surgery and he is stuck here without a job. So in the end there will be 2 people not earning/saving money. Then he has to go back home come interview time, then pay again to come back to the US. You are saving "time" but not saving money. What lessons are you referring to anyway?

I'm a teacher and get paid year-round.

English lessons, business English etc.

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Boiler Grand Master

Boiler   43,576

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Filed: K-1 Visa Country: Wales
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Get a job and save, coming as a student is going to cost a lot, money it seems you do not have.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TRUSTNOONE Contributor

TRUSTNOONE   8

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Filed: K-1 Visa Country: France
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I guess part of me feels like it's going to take even longer than the 8-9 months. I'm divorced, 5 years older than him (4.5 years to be precise :jest: ) etc etc so I feel like it's going to take even longer to be approved.

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Pitaya Grand Master

Pitaya   2,576

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Filed: Lift. Cond. (apr) Country: China
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You already have a K1 visa process ongoing, that will very likely show immigration intent to USCIS/CBP officials. Then to try to obtain a student visa, could look a lot like trying to circumvent the ongoing immigration process. Additionally, with the other responses about monetary considerations, it may be better for forego this plan.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Ontarkie Grand Master

Ontarkie   13,920

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~~Moved to Student Visas - As the OP wants to learn more about this option while the K1 is processing.~~

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TRUSTNOONE Contributor

TRUSTNOONE   8

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Filed: K-1 Visa Country: France
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You already have a K1 visa process ongoing, that will very likely show immigration intent to USCIS/CBP officials. Then to try to obtain a student visa, could look a lot like trying to circumvent the ongoing immigration process. Additionally, with the other responses about monetary considerations, it may be better for forego this plan.

That's what I am worried about.

As for money, I'm not broke but, yes, it is a serious concern. However, being as my fiance is currently unemployed living together would also be cheaper than living apart. We have options so that he wouldn't have to just leave his apartment behind and be paying for it while here etc. If he could find a job where he is in France super easily that would of course be great but that will probably take at last several months too the way things are going.

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TRUSTNOONE Contributor

TRUSTNOONE   8

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Filed: K-1 Visa Country: France
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Thank you all for your advice. I am curious however, what's the worst that could happen? Denial of a student visa application? We could live with that. If it would cause problems for the k1 that's another issue.

I keep leaning towards us at least trying for the student visa. In my mind it seems like the perfect solution. As I teach, I'd be home anyway during the summer and he could just use my car instead of needing two cars etc. Ehh, just kind of thinking "out loud" probably won't even try. Thanks for the help.

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Unidentified Mentor

Unidentified   2,930

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Filed: Citizen (apr) Country: Sweden
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He will have to prove that he has enough money for his studies, food, everything. If he is short on money then he has to have a sponsor.

And unless he takes classes in the summer he won't start school until around September. You guys filed in January which means by September you have waited 8 months. I know all cases are different but I got approved in 7 months... You might just want to focus on saving money.





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