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  1. #1
    Join Date
    Feb 2012
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    3

    Default Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    I met my love at the beginning of the summer while I was in Egypt. So I spent two and 1/2 months there. A couple months after returning to America, I/we filed for a K-1 Fiance Visa. The first stage, the petition, was submitted and we are in the waiting period. (I was able to return to Egypt and spent two weeks in December to visit him.)

    Because my love was recently told (not by an official at the Embassy) that the U.S. Embassy in Egypt is not approving K-1 Fiance Visas, and is only approving F-1 Student Visas, he wants me to cancel the Fiance Visa so he can apply for an F-1 Student Visa. Then he seems to think we can marry and all will be well. I, however, think the U.S. Government will consider this Visa fraud because we knew each other before he came to America as a student, and they will be able to see I/we initially filed the K-1 Fiance Visa. Am I correct? If so, what would a likelyoutcome be?

    Thank you, in advance, for any advice. =)

  2. #2
    Join Date
    Sep 2005
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    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    It would certainly look like fraud, were you to cancel the K1, have him enter under the F1, then for you to immediately marry and petition to adjust his status based on marriage.

    Marriage is not so much the issue, it's the seeking of immigrant status that might trigger scrutiny. How long is his program? Is there a reason you want to adjust his status sooner, as opposed to seeing how life develops over the next few years?

  3. #3
    Join Date
    Feb 2012
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    3

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    First...thank you for responding. =)

    Marriage is not so much the issue, it's the seeking of immigrant status that might trigger scrutiny. How long is his program? Is there a reason you want to adjust his status sooner, as opposed to seeing how life develops over the next few years?
    Second....his English program is basically a month-to-month thing, but we were thinking he would take classes for approximately 6 months. Then perhaps he would transfer to the local community college to attend classes, or perhaps go to a 2-year program (at an ITT-type of school) to become a radiologist...something like that.

    If I am interpreting your response properly, then are you suggesting that we could marry while he is a student (maybe after a couple of months) and then after a year or two, apply to change his status? If this is the case, then to answer your question as to a reason to change status from student to spouse sooner, rather than later, would be because of the restrictions that I believe are attached to student visas. I believe that foreign students on an F-1 visa are not able to obtain a driver's license or work, except on-campus for a maximum of 20 hours per week (unless they have some type of job training situation...I forget what that is called). Those 2 reasons (driving and working) are very compelling reasons for him to be officially recognized as my spouse. Am I mistaken about the driving and working restrictions for foreign students?

    Also, if we were to marry (say after a month or two) while he was here on an F-1 visa, then wait a year or so to apply to change his status, would our K-1 Fiance visa history still be an issue? Would the U.S. government be likely to still think things looked like a fraud situation?

    Thank you. =)

  4. #4
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    What you are doing is soliciting information on how to break immigration laws successfully. We don't suggest you do so.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    I am not suggesting any particular approach. I am suggesting that it's possible to get married without immediately petitioning to adjust your spouse's status, and thereby avoid the possibility of his being accused of immigration fraud. If you want somebody to tell you that it won't be a problem for him to marry and petition to adjust his status within a few weeks of entry, shortly after abandoning the K1 application, sorry, can't do that.

  6. #6

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    Quote Quoting Stormyish
    View Post
    perhaps go to a 2-year program (at an ITT-type of school) to become a radiologist...something like that.
    Radiologists are physicians. You can't get an MD at ITT. You have to go to a medical school.

    Do you mean an x-ray technician?

  7. #7
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    A quick question.

    Have YOU actually called the Embassy yourself?

    Trust NOTHING coming out of anyone else's mouth unless they actually work there.

  8. #8
    Join Date
    Feb 2012
    Posts
    3

    Default Re: Marrying Foreign Student After Started (then Cancelled) K-1 Fiance Visa

    Sorry. I didn't mean radiologist. I did mean x-ray technician. Stupid mistake.

    I have tried to call the U.S. Embassy in Cairo. I have not been able to reach anyone. I get a recording saying to call back during specific hours. Then when I call during those hours, the phone rings and rings and rings. I am going to try an email.

    I do agree with you to not trust someone that does not work there.

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