Anonymous asked in Politics & GovernmentImmigration · 3 years ago

I'm a U.S citizen and moving back to the states, but want to marry a foreigner.?

My boyfriend and I have been dating for about 6 years now. We are moving to the states for educational purposes, but we are also thinking about marriage. We don't want to spend months or years apart. Would it be a better process for him if he:

1) Obtains a F-1 study visa and then we get married in the states?

2) Obtains a K-1 visa when we are both in the states?

3) Any other suggestions?

6 Answers

  • 3 years ago

    You must reside in US, have a home in US for both of you, and earn enough to sponsor your fiancé for fiancé visa or to file to adjust his status if you marry while he is in the US on F-1 student visa. Currently, you must earn at least $20,575/year to qualify, but that number increases every year (inflation). You must submit current year paystubs & your last 3 years of US income tax returns to prove earnings.

    IF you marry while he is a student & apply for change of status, he must continue to attend school full-time & abide by all visa regulations while awaiting change of status, or else he returns home & you have to file for his spouse visa. He cannot obtain a student visa (or any temporary non-immigration visa) if he intends to marry you & remain in US. Intent to remain is visa fraud, which gets him permanently barred from US.

    You cannot file for fiancé visa when you do not reside in the US. And you cannot file for fiancé visa while he is in the US. You would have to return to US alone, reestablish your US residency, and meet earnings requirements before you file for K-1 fiancé visa while he remains in his own country. IF approved, then he would enter US on the fiancé visa, and you'd have 90 days from his date of entry to marry & file for Adjustment of Status. So your #2 is not possible.

  • Anonymous
    3 years ago

    If the US citizen is not in the US then they cannot sponsor with a K1

  • 3 years ago

    Edit: Yes, your father can be the financial sponsor if your income is insufficient.

    If he gets a student visa then he has to conceal from the Consular Officer the fact he plans to marry a US citizen so he can stay in the USA. If he is detected doing that the student visa application will be denied. If he is caught falsifying his application he will be permanently banned from the USA (even if the two of you marry).

    For you to sponsor him for a fiance or spouse visa you have to be living in the USA and have an income of at least $21,300 per year at a steady job.

    Note USA visas have to be applied for while the non-citizen is outside the USA.

  • Jeff S
    Lv 7
    3 years ago

    I'd suggest you contact an immigration lawyer in the city you intend to move to.

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  • 3 years ago

    the K-1 visa requires a) that your bf NOT be in the United States, and 2) that you have evidence of sufficient continuing income to exceed the poverty level. I suggest that may not work for you ...

    Source(s): google for information -- this came from wikipedia
  • Lisa A
    Lv 7
    3 years ago

    1) This won't happen. He can't get a student visa if he intends to be with you.

    2) This is illegal and won't happen.

    3) Marry now and sponsor him as your spouse.

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