After marriage->able to attend college right away???

[amazone]

Hi there,

first of all thank you for your time to read this )

Here is my(our) current situation. I am a german citizen attending nursing school here in Germany.
I just got engaged to my long time boyfriend (US citizen).
I am well aware of the procedures on what to do next my question is though that once we got married, can i legally attend college and work right away? or do I have to wait for the form to be approved (K1) first?
We are planning to get married in June 07, school starts september 1st 07.

I am a little confused right now and I would highly appreciate any helpful information. I am considering to just apply at the school and then hope to be accepted, get a I20 form and then the F1 student visa.
And one more question: Can i change my status from a F1 visa to a K1 visa being in the states?

Thank you so so much.
-A- <-

 

[LucyMO]

I am considering to just apply at the school and then hope to be accepted, get a I20 form and then the F1 student visa.

let me get this straight. You are planning to marry a USC, and then you are planning to get a non-immigrant visa. I don't think so. Having a USC spouse pretty much proves your immigrant intent, and you will not be able to get a non-immigrant visa, or if you get one, you can be turned around anyway at the point of entry (aka airport).

The deadline for submitting documents for next fall semester for foreign students is usually in very early January. You'd better hurry.

And one more question: Can i change my status from a F1 visa to a K1 visa being in the states?

no. You would apply for a GC (adjustment of status) directly, skipping the K-1 stage, because you would be in the States already.

I am well aware of the procedures on what to do next

apparently not.

We are planning to get married in June 07, school starts september 1st 07.

which country are you planning to be married in?

 

[pianoplayer]

Hi there,

first of all thank you for your time to read this )

Here is my(our) current situation. I am a german citizen attending nursing school here in Germany.
I just got engaged to my long time boyfriend (US citizen).
I am well aware of the procedures on what to do next my question is though that once we got married, can i legally attend college and work right away? or do I have to wait for the form to be approved (K1) first?
We are planning to get married in June 07, school starts september 1st 07.

I am a little confused right now and I would highly appreciate any helpful information. I am considering to just apply at the school and then hope to be accepted, get a I20 form and then the F1 student visa.
And one more question: Can i change my status from a F1 visa to a K1 visa being in the states?

Thank you so so much.
-A- <-

Hi:

You appear to be confused about the process. As Lucy mentioned, trying to get F1 shortly after marrying a USC is likely not viable. Also, a K1 is to enter as the fiancee of a USC and you must get married within 90 days of entry.

If you are already in the US on an F1, you need to file AOS to permanent residence. Personally, I think you are pushing it with finding a school, getting applications in etc.

If you are serious about getting married, have him sponsor you for a K1 visa. After approval, come to the US and get married, do AOS. Then look at study options.

 

[bebajp]

I agree with pianoplayer, if you fiancee is going to sponsor K1 visa, I'd recommend you better wait until you have approve, and follow the process to become a PR before to start to think on school. Apply for 2 types of visa might be, IMO, a little pushing and sometimes for INS this could be a sign you want the PR for other purpouses than marriage or study. (I don't want to sound rude)

 

[amazone]

I am sorry I didn t make myself clear enough.
I was trying to describe two options.
The first one to marry my fiance (in the states or here in germany) and then once i am in the us apply at colleges with my permanent registration.
The other way was to apply at colleges and the deadline for the fall semester is the end of march . come to the states on the F1 visa (if everything works out) and then get married after that.

My concern was that once i am in the states waiting for my green card that i can t go to school and i was basically worrying how lnog that would take.

 

[amazone]

the reason it might sound like i am pushing things is because i am nursing student here. i ve talked to two colleges that told me that they can not accredit what i have achieved in school here so far. so i really would like to transfer schools soon. and of course i finally want to live with my fiance.

 

[LucyMO]

The first one to marry my fiance (in the states or here in germany) and then once i am in the us apply at colleges with my permanent registration.

what method are you planning to use to get permanent residency?

K-1? K-3? Immigrant visa? adjustment of status from F-1? You have to really think this through. It's also important to know what your priorities are: to get into the US, to get a GC, to get a nursing degree (preferably with in-state tuition), etc. It may take up to a year to get a GC whether you choose an immigrant visa method or adjustment of status. Although, lately adjustment of status in some states have been incredibly quick - a couple of months.

The other way was to apply at colleges and the deadline for the fall semester is the end of march. come to the states on the F1 visa (if everything works out) and then get married after that. My concern was that once i am in the states waiting for my green card that i can't go to school.

It's a good way. However, in most schools (and I have applied to a few), the deadline is usually in January.

ONce you arrive on F-1 visa, do not get married within the first 60 days, and do not apply for a GC within the first 90 days. It's important.

In any case, no matter how you get here (as long as it's legal), you will be able to study while you are waiting for your GC. However, then the difficulty is in obtaining state residency, so that you don't pay an arm and a leg for tuition. Read about [in-state and out of state tuitions].

 

[Giovanni28]

Visa Waiver??

the reason it might sound like i am pushing things is because i am nursing student here. i ve talked to two colleges that told me that they can not accredit what i have achieved in school here so far. so i really would like to transfer schools soon. and of course i finally want to live with my fiance.

If I'm not mistaken German citizens are elgibile for the visa waiver program. One option would be to come in on the visa waiver program and then adjust your status once you get married. As far as 'intent' goes, in my opinion, it shouldn't be a problem. People come in on B1/B2 visas all the time and even overstay without penalty, when getting married to a USC.

As far as school goes, I'd consider applying in the winter (if possible).

ONce you arrive on F-1 visa, do not get married within the first 60 days, and do not apply for a GC within the first 90 days. It's important.

Follow this advice however. As long as you enter the US legally and are inspected at the port of entry, you should be fine.

 

[GotPR?]

If I'm not mistaken German citizens are elgibile for the visa waiver program. One option would be to come in on the visa waiver program and then adjust your status once you get married. As far as 'intent' goes, in my opinion, it shouldn't be a problem. People come in on B1/B2 visas all the time and even overstay without penalty, when getting married to a USC.

No, it will be a problem. Being allowed AOS from VWP when marrying to US citizen does not imply s/he can enter the US under VWP with immigration intent.
She can be denied at POE.

 

[Giovanni28]

I highly doubt most of the B2 overstay people come in without 'immigrant intent' and I doubt they mention to the customs official, "oh by the way, I'm coming to get married and get a green card". I'm not advocating deceit, but its done everyday. Like I said, its an option. Even taking the F-1 visa route requires her to have no immigrant intent, which she does. She wont be granted a visa if it is known she wants to adjust her status. Bottom line any type of visa thats a non-immigrant visa is just that, "a non-immigrant visa" and as you rightly said, can cause a problem at POE.

My suggestion: Come in on whatever legal means of entry is available to you; wait the 90 days(depending on your status as F-1 or VWP); get married; and apply for AOS.

 

[amazone]

Lucy, thank you so much, may i write a private message to you about this??
thanks

giov. : i do have a b2 visa(pleasure) BUT everyone was against it because it would mean that i am lying to the officer at the port of entry on my intentions of stay and that i will later on WILL have issues.

about where to marry. we are still trying to decide and although the k3 visa would get me there faster i think (is that true by the way?) we would rather marry in his church on long island, ny.
i didn t know that you can go to school there even if you are waiting for your GC. Once i have applied for the Authorization of employment card, will i get a ssn, wont that help me with college in order to register as a resident?

 

[NeShawn]

Lucy, thank you so much, may i write a private message to you about this??
thanks

giov. : i do have a b2 visa(pleasure) BUT everyone was against it because it would mean that i am lying to the officer at the port of entry on my intentions of stay and that i will later on WILL have issues.

about where to marry. we are still trying to decide and although the k3 visa would get me there faster i think (is that true by the way?) we would rather marry in his church on long island, ny.
i didn t know that you can go to school there even if you are waiting for your GC. Once i have applied for the Authorization of employment card, will i get a ssn, wont that help me with college in order to register as a resident?

You are correct about when you file your application to include the I-765. You should get your EAD within 90 days, then you go to your SSN. In my opinion, it is better to marry in the US, and then file. So I guess it all goes back to "what type of visa you need to have." Yes you can go to school while waiting for your green card.

 

[NeShawn]

The K-3 will get you there faster than what? Shouldn't you come to US on the visa that is best for your educational purposes? Then the personal choice to marry is validated. Think about it. The choice to marry is always available and legal whereas saying you are coming for one thing to really do another is not honest.So, my suggestion is set aside the marriage issue for a sec and see which choice is best for your education. Then when you have decided that one, and then you carry out that one, focus on the marriage. I am not saying don't get married, but believe me finances and stability and being ready for marriage is extremely important because the immigration process alone can dictate your situation and affect the wholeness of your marriage. I know that you are in love but 'THINK WITH YOUR HEAD AND NOT YOUR HEART'. The best choice will be made clear to you.

 

[amazone]

The K-3 will get you there faster than what? Shouldn't you come to US on the visa that is best for your educational purposes? Then the personal choice to marry is validated. Think about it. The choice to marry is always available and legal whereas saying you are coming for one thing to really do another is not honest.So, my suggestion is set aside the marriage issue for a sec and see which choice is best for your education. Then when you have decided that one, and then you carry out that one, focus on the marriage. I am not saying don't get married, but believe me finances and stability and being ready for marriage is extremely important because the immigration process alone can dictate your situation and affect the wholeness of your marriage. I know that you are in love but 'THINK WITH YOUR HEAD AND NOT YOUR HEART'. The best choice will be made clear to you.

thank you very much ) my head...yes, my head he he

 

[LucyMO]

Once i have applied for the Authorization of employment card, will i get a ssn, wont that help me with college in order to register as a resident?

having an SSN does not make you a resident for any purposes - tax, immigration, or tuition. It's just a number.

You will not become a resident of the state for tuition purposes until you spend a year in that state after getting your GC. While you are waiting for your GC you can go to college and pay out of state tuition. Each state has different definitions of a state resident for tuition purposes. You have to research your state's info.

K-3 may not be a quicker route. K-1 - may be. F-1 - may be, if you get the visa. Considering that you already have a B1/2, and you are in Germany, you probably won't have problems getting an F-1. Once you get it and come here, follow my advise about 30-60-90 day rule above.

 

[NeShawn]

thank you very much ) my head...yes, my head he he

You are most welcome. And to respond to the question about EAD and SSN. EAD will allow you to work while your application is being processed; once you get EAD you will need SSN to have job legally in US. Your major obstacle about college is the tuition (being nonresident, etc.) Make sure you plan financially for the extra $$ that you will have to spend to go to college. All these things you can prepare for now while deciding your next step.


YOU KNOW WHAT TO DO!!

 

[kfa]

In any case, no matter how you get here (as long as it's legal), you will be able to study while you are waiting for your GC. However, then the difficulty is in obtaining state residency, so that you don't pay an arm and a leg for tuition. Read about [in-state and out of state tuitions].

I am applying for a change of status from B1/B2 to permenant resident next week, after my husband became a US citizen. The question is can I join school next semester (which starts in a week) while waiting for the change of status to happen, without having to get an F1 visa? knowing that my B1/B2 visa is still valid? How about the tuition fees, will I still need to pay the international student fees or what? i do not understand what you meant by "obtaining state residency"[/QUOTE]

 

[LucyMO]

yes, you can go to school, you do not need F-1 status.

You will be in AOS pending status once you apply for AOS.

Each state has its own rules regarding being a state resident for tuition purposes. Usually, you need to spend 1 year as a legal permanent resident in a particular state with a purpose of establishing a home there before you can pay in-state tuition. Do contact your school to find out the rules.

 

[kfa]

After the interview, how long does it take to get a work authorization?

Thank you very much, but what do you mean by AOS? Am I allowed to work too or do I have to wait until I get my work authoization? and how long does it take to get a work authorization? Is there a temporary work permit that I can get until I get the work authorization?

 

[LucyMO]

AOS - adjustment of status from non-immigrant to immigrant (GC).

You can apply for a work permit at the same time with applying for AOS. You cannot start working until you have the work permit in your hand. It usually takes a couple of months to get the work permit.