f1 visa and marriage or engagement, can i still use f1 visa?

[Kanjtai 3]

Greetings everyone i have an f1(student) visa and I'm attending my master's school online outside of usa. My university will not allow students to study online anymore because hybrid classes will end this semester. We were allowed due to covid and now it ends. School told me I have to visit and study in the US to complete my degree next semester. I studied my first year in the usa and last year in my home country.

 

I'm also engaging my partner(US citizen from same country) and we have 2 boys together. I am planning to start K1 or green card application. He works in the us but he visits me and we live together. We are not married yet and not sure if we should do K1 or green card. but we will choose one of them.

 

Can I enter the usa with my F1 visa and wait for the process in the US if I apply for K1(or CR1) in my home country? can i apply k1 or green card while i study on my f1 and use my student visa to enter the usa. 

 

Thank you so much..

[Crazy Cat 39,270]

You cannot enter the US via an F-1 visa with the intent to stay and live (adjust status) in the US.  That is visa fraud.  I suggest you marry and start the spousal visa process.  That would mean interviewing in your home country at that stage of the process.  You can enter the US via the F-1 to study if it is valid. 

Edited April 17, 2023 by Crazy Cat

[Verrou 1,899]

10 minutes ago, Crazy Cat said:

You cannot enter the US via an F-1 visa with the intent to stay and live (adjust status) in the US.  That is visa fraud.  Is your partner a US citizen?  

seems like it from his post. 

 

OP why dont u file for CR1 / spouse visa instead of K1. cheaper and also u will be LPR the moment u enter USA with that spouse visa.

Edited April 17, 2023 by Misscloud

[Crazy Cat 39,270]

1 minute ago, Misscloud said:

seems like it from his post. 

 

OP why dont file for CR1 / spouse visa instead. cheaper and also u will be LPR the moment u enter USA with that spouse visa.

Thanks.  I edited my post after reading it again.  I also think a spousal visa is the best choice.

[Kanjtai 3]

17 minutes ago, Crazy Cat said:

You cannot enter the US via an F-1 visa with the intent to stay and live (adjust status) in the US.  That is visa fraud.  I suggest you marry and start the spousal visa process.  That would mean interviewing in your home country at that stage of the process.  You can enter the US via the F-1 to study if it is valid. 

hi crazy cat, i want to enter the us with my student visa to finish my last year of school. otherwise i will have to keep paying tuition to hold my degree. 

also what you said is true, but i wanted to clear my question, does my case make sense? school is forcing me to study in campus building.

 

is it ok if i enter with my student visa, finish my school and then get married in the usa next year? 

if i don't go to campus next semester, i will have to pay half tuition until i go there

 

thank you if you can consider replying again.

 

Edited April 17, 2023 by Kanjtai

[Kanjtai 3]

15 minutes ago, Misscloud said:

seems like it from his post. 

 

OP why dont u file for CR1 / spouse visa instead of K1. cheaper and also u will be LPR the moment u enter USA with that spouse visa.

hi miscloud, that is something i can do but i hear it will take 2 years to complete. if i don't freeze my degree, i have to pay money to school and i need my degree to work. hope u understand my situation.

[Dashinka 23,251]

1 minute ago, Kanjtai said:

hi crazy cat, i want to enter the us with my student visa to finish my last year of school. otherwise i will have to keep paying tuition to hold my degree. 

also what you said is true, but i wanted to clear my question, does my case make sense? school is forcing me to study in campus building.

 

is it ok if i enter with my student visa, finish my school and then get married in the usa?

 

thank you if you can consider replying again.

 

You should be fine entering for school even if you have either an I129F or an I130 pending.  You cannot enter with the intent to stay beyond your authorized stay (if that makes sense).  I agree with @Crazy Cat, I would research the spousal visa.

 

Good Luck!

[Kanjtai 3]

1 minute ago, Dashinka said:

You should be fine entering for school even if you have either an I129F or an I130 pending.  You cannot enter with the intent to stay beyond your authorized stay (if that makes sense).  I agree with @Crazy Cat, I would research the spousal visa.

 

Good Luck!

hi dashinka, thank you for information. so if i apply for fiance visa in my home country, then go to usa with my f1 visa, then enter usa with f1 visa, then finish my degree(it is my last year) and come back to my country while fiance visa is in progress. is this okay? will i have problems? 

 

i don't have to stay in the usa if it is not legal but i just want to enter with my f1 visa, and start fiance visa at the same time.

 

 

[Crazy Cat 39,270]

10 minutes ago, Kanjtai said:

is it ok if i enter with my student visa, finish my school and then get married in the usa next year? 

You can marry any time.  However, the condition of your F1 was no intent to immigrate to the US.  Thus, you cannot enter the US via a non-immigrant route with the intent to stay and adjust status.  I suggest you  enter the US via the F-1 to begin school, immediately marry, then immediately start the spousal visa process.  You can stay in school to complete your education.

Edited April 17, 2023 by Crazy Cat

[Verrou 1,899]

7 minutes ago, Kanjtai said:

hi miscloud, that is something i can do but i hear it will take 2 years to complete. if i don't freeze my degree, i have to pay money to school and i need my degree to work. hope u understand my situation.

get married, file i-130,  go to school ( in that order). u have to go back to ur home country for interview and all. why do u want to do fiance visa? spouse visa is way superior and probably faster.  especially u have 2 kids. fiance visa normally for people who don't live together and usually no kid to test the water before they got married. 

Edited April 17, 2023 by Misscloud

[Crazy Cat 39,270]

1 minute ago, Kanjtai said:

hi dashinka, thank you for information. so if i apply for fiance visa in my home country, then go to usa with my f1 visa, then enter usa with f1 visa, then finish my degree(it is my last year) and come back to my country while fiance visa is in progress. is this okay? will i have problems? 

 

i don't have to stay in the usa if it is not legal but i just want to enter with my f1 visa, and start fiance visa at the same time.

 

 

Why would you choose a K-1 visa??

 

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited April 17, 2023 by Crazy Cat

[Dashinka 23,251]

18 minutes ago, Kanjtai said:

hi dashinka, thank you for information. so if i apply for fiance visa in my home country, then go to usa with my f1 visa, then enter usa with f1 visa, then finish my degree(it is my last year) and come back to my country while fiance visa is in progress. is this okay? will i have problems? 

 

i don't have to stay in the usa if it is not legal but i just want to enter with my f1 visa, and start fiance visa at the same time.

 

 

Sure, the F1, is very similar to a B2 in that respect.  You may get extra scrutiny at each entry, so make sure you are prepared to show you do not plan to stay and adjust status with your partner.  You can even get married here while on an F1 or B2 and then proceed with an I130 and consular processing.

 

I agree with the others, and you mentioned getting your degree and working as being important, so I would pursue a spousal visa.

 

Good Luck!

[Kanjtai 3]

27 minutes ago, Crazy Cat said:

You can marry any time.  However, the condition of your F1 was no intent to immigrate to the US.  Thus, you cannot enter the US via a non-immigrant route with the intent to stay and adjust status.  I suggest you  enter the US via the F-1 to begin school, immediately marry, then immediately start the spousal visa process.  You can stay in school to complete your education.

thank you, i understand what you mean by intent to immigrate so i try to understand. but i have a question about your suggestion,

if i enter the us with my f1 again, then get married, isn't that illegal? i hear i shouldnot do it in next 3 months(90 days), also if i enter the us with f1 and marry so fast, isn't it going to cause denail in my interview because it will make me look like i entered the us to get married. forgive me if i misunderstood you, thank you.

 

 

[Kanjtai 3]

29 minutes ago, Misscloud said:

get married, file i-130,  go to school ( in that order). u have to go back to ur home country for interview and all. why do u want to do fiance visa? spouse visa is way superior and probably faster.  especially u have 2 kids. fiance visa normally for people who don't live together and usually no kid to test the water before they got married. 

okay thank you for the advise and it makes sense. just to make sure i understand you, your suggestion is: 1- get married in my home country, start green card application, go to us with my f1 visa, study for a year and finish my school then go back to my country for interview or as soon my my class finish. is this right? this sounds good and cost less and i can finish my school at the same time.

will i have a problem when i arrive at us at the airport? 

[Crazy Cat 39,270]

5 minutes ago, Kanjtai said:

if i enter the us with my f1 again, then get married, isn't that illegal?

No.  Getting married while inside the US is not illegal.  Read my response again.  You cannot enter the US as a visitor with the intent to STAY AND ADJUST STATUS.  There is nothing illegal if you enter the US as a student, marry, then start the spousal visa process.  You would have to interview in your home country.

Edited April 17, 2023 by Crazy Cat