Student status

[doran]

Student dilemma - Please help

What is the name of your state? Georgia

Hi there...I've been on the internet for weeks trying to find answers to my questions and was on the verge of consulting an immigration lawyer for advice...until I found this seemingly helpful site.....please help...

I'm a South African in a serious 5 year relationship with a girl who recently became a American Citizen. I've just finished a 3 year degree in South Africa and have been back and forth to the States for the last four years. (twice on a J1 work and travel visa and twice in the same B1/B2 Visitors visa)

I've recently decided to further my studies in the States and will be applying for an F1 visa shortly. Also, after 5 years of me being with my American girlfriend I foresee us getting married within the next year. Will (a) the length of time/number of times that I have visited the States jeopardise my chances of getting a student visa, and (b) will my student status be a problem if we decide to get married in the next year? (As I would have entered the US on non-immigrant terms)

Please please please let me know if you have any advice for me.

-D

 

[FLMommy]

Technically, if you apply for a student visa, and have an intent to stay in the US, it's illegal.

Have you given it any thought to have your fiancee apply for a K-1 fiance visa for you? Once you're approved for that, you have 3 months to get married upon arrival in the US. Once married, you can apply for your Permanent Residency, and you won't need a visa to go to school.

 

[doran]

Thank you very much for your reply FLMommy...I've noted you're reply and really do appreciate it.

If there are other people who could give me any advice on above mentioned matters (a) & (b) please please do.

-D

 

[FLMommy]

A. No, it shouldn't.
B. No - but be advised that if you enter with the intent to stay (get married to US citizen) it's illegal to enter on any type of non-immigrant visa. If you decide to get married while in the US on your student visa, it should not effect anything. You should apply for permanent residency as soon as you're married though.

Still think your best bet is K-1 visa. It'll likely get you to US faster (since the time frame of you enrolling into a US school after this summer is too short to obtain F-1 visa, etc), and if for some reason (like the one you mentioned) your F-1 gets denied, it might be harder to get the K-1, cause the USCIS already knows you want to enter the US.

Good luck!