Waiting time for K1 or F1/M1 and adjustment of status ?

[Mirkosantini 0]

Good morning at all, I have just found this helpful site and I would like to ask you about a ”problem” I have. 

I'm Italian and my girlfriend is american. I have a good job in Italy but we have decided we want to create something solid and build a family. Our plan is that I can use a sabbatical year from my job, start to study in a flight school (although I work in a different field I studied at an aeronautical school and I’m an aviation lover) with the F1 or M1 visa and after some months we can have our marriage and ask for the adjustment of status. Unfortunately the K1 request 9 months to wait that is a really long time and I also won't able to begin my studies in USA and I could visit her only sometimes under ESTA (I read that could be hard also to visit her as a tourist when I have already asked for an immigration visa like K1 and we don't want to risk to stay separate for so this such long time).

I would like to ask you any suggestions do you have for my case and any corrections could you do to what I wrote before, this will help me a lot.

Thank you so much 

P.S. Sorry for my English I'm still studying 😁

Edited May 5, 2019 by Mirkosantini

[Ontarkie 13,904]

~~Moved to What Visa Do I Need, from K1 P&P - The OP is exploring his options.~~

[Mirkosantini 0]

Thank you and sorry for my mistake 

[Roel 7,191]

2 hours ago, Mirkosantini said:

Good morning at all, I have just found this helpful site and I would like to ask you about a ”problem” I have. 

I'm Italian and my girlfriend is american. I have a good job in Italy but we have decided we want to create something solid and build a family. Our plan is that I can use a sabbatical year from my job, start to study in a flight school (although I work in a different field I studied at an aeronautical school and I’m an aviation lover) with the F1 or M1 visa and after some months we can have our marriage and ask for the adjustment of status.

Using F1 or M1 with an intent to adjust status is an immigration fraud. Do. Not. Do. That.  Absolutely wrong. 

 

2 hours ago, Mirkosantini said:

 

Unfortunately the K1 request 9 months to wait that is a really long time and I also won't able to begin my studies in USA and I could visit her only sometimes under ESTA (I read that could be hard also to visit her as a tourist when I have already asked for an immigration visa like K1 and we don't want to risk to stay separate for so this such long time

 

Sorry to break it to you but if you want to legally immigrate to the US you will HAVE to wait long time and possibly be separated. Welcome to our world. You guys are no children, you can handle being apart and it's basically part of the process. 

 

2 hours ago, Mirkosantini said:

I would like to ask you any suggestions do you have for my case and any corrections could you do to what I wrote before, this will help me a lot.

Thank you so much 

P.S. Sorry for my English I'm still studying 😁

 

There are only 2 ways for you to immigrate. K1 or CR1 visa.  You will wait just like everyone else. 

 

My recommendation is to get married in France and then your spouse will file CR1 visa for you. Process takes about 12 months but its more beneficial than K1 Visa. In the mean time you can visit using ESTA but be careful to not overstay. 

[Mirkosantini 0]

Thank you for you quick replay. I appreciate your answer and yes, is it true that we don't have any children yet but in almost 37, so we are not exactly young guys. But is it true that using the F1 visa for the purpose of a greens card is absolutely a fraud and this is the reason why I'm interested to know more about K1 and I have read any information on Internet about that. But my point is that I should study in the same school anyway, as resident or international student, so I don't want the student visa just to be able to enter in the USA. Just to clarify, I understand your advance. Do you know how long I have to wait for a k1 visa, I mean if we start the procedure today when I will be able to enter in USA? 

[Roel 7,191]

K1 takes about 9 - 12 months. Then AOS takes about 12 months and you cannot work or travel for a good 6 months. EAD and AP takes forever these days. 

 

That's why CR1 Visa is better. No AOS and you can work asap. 

 

I'd completely forget about any student Visa because that's not a legal way to permanently immigrate to the US. 

[Mirkosantini 0]

Ok now I have all more clear. So basically if I understand correctly, your suggestions are to apply for k1 as soon as possible or to marry my fiance in Italy and than apply for CR1. But with K1 I could be in USA in 9-12 month, with CR1 is 12 months or more 

[Roel 7,191]

6 minutes ago, Mirkosantini said:

Ok now I have all more clear. So basically if I understand correctly, your suggestions are to apply for k1 as soon as possible or to marry my fiance in Italy and than apply for CR1. But with K1 I could be in USA in 9-12 month, with CR1 is 12 months or more 

So? 

In the end Cr1 is cheaper and like I said, you don't have to worry about work permit or travel permit. 

 

But of course the choice is yours. 

[Mirkosantini 0]

Yes, but I think to spend my first year just for studying, improving English and archive my flight licenses. This is why the k1 is still attractive for me. And also because she is Italo-american and very close to her enormous family 😅 and we prefer to celebrate the marriage in USA