Changing from a F1 to a K3

[lemonandorzo 0]

Hi, I am currently an F1 student and my visa expires in July. I am engaged to a US citizen (been together for 3 year, engaged for 8 months) and we are looking at getting married soon. Does anyone know, if we get married while I still have an active F1 visa, what the process is for submitting the forms for a K3, green card through marriage and work authorization, can I submit everything at once or is it in a stepwise fashion? Secondly, does anyone know how long it takes to obtain the K3/work authorization? And finally if my F1 visa expires while it is being processed if I have to leave the country? Many thanks!

Edited May 1, 2016 by lemonandorzo

[NikLR 13,232]

You wouldn't be applying for a K3 visa. You'd be adjusting your status.

Check this guide: http://www.visajourney.com/content/i130guide2

[aleful 1,905]

hi

the K3 is not for you, k3 is a visa to enter the US

but you can marry and file for the CR1, you will get a 2 year GC and have to remove conditions before the card expires to get the 10 year GC

[rutabaga 209]

hi

the K3 is not for you, k3 is a visa to enter the US

but you can marry and file for the CR1, you will get a 2 year GC and have to remove conditions before the card expires to get the 10 year GC

Well the CR1 is the same thing in that regard--a visa to enter the US. If s/he's already in the US, the easiest thing to do would be adjust their status like NLR posted above.

[rutabaga 209]

And finally if my F1 visa expires while it is being processed if I have to leave the country? Many thanks!

As far as I know: no (and it's about when your status expires, not when your visa expires, really). It would probably be best though, to stay in the US until you get advanced parole/green card (if you go with the adjustment of status). If you leave the country without AP/GC you'd then have to file for a visa to get back in and that would take 6-12ish months.

[A'n'L 735]

You would be filing to adjust status based on marriage. You would not have to leave the country during that process. From filing, it will take approx 3 months to obtain permission to work and a travel document that allows you to re-enter the country should you wish/need to leave. The green card itself will take longer to obtain.

Check out the guides for adjustment of status to learn more :-)

[aleful 1,905]

Well the CR1 is the same thing in that regard--a visa to enter the US. If s/he's already in the US, the easiest thing to do would be adjust their status like NLR posted above.

nope

that's the category, even if he adjusts status in the us, he will receive a conditional GC because he will have been married under 2 years

so he will receive a 2 year GC

it doesn't matter if one goes through consular processing or adjusts status in the US, what matters is how long the beneficiary has been married

if less than 2 years, the category is CR1, if more than 2 years of marriage, the category is IR1 and will automatically receive the 10 year GC

[rutabaga 209]

I think you are confusing visa categories (IR1, CR1) and types of residency (conditional permanent resident, lawful permanent resident). But we're straying off topic.

Edited May 1, 2016 by rutabaga

[Harpa Timsah 13,259]

Technically the category for AOS in the US for a marriage less than 2 years is CP6 I believe. AOS will result in a conditional card, but there is no CR1 visa involved, and CR1 will be nowhere on their greencard.

A Greencard is not a visa.

Edit; Also, different categories for a concurrent AOS or an AOS from K-1.

Edited May 1, 2016 by Harpa Timsah

[Ryan H 3,856]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.