Can someone apply for a fiancee visa while already in the US on a student visa?

Question

my fiance is currently on a student visa here in USA, we plan to get married, can he apply for a fiance visa even though he is already here on the student visa? because his student visa is going to expire soon..

Answer 1

An alien cannot change status from F-1 to K-1 (fiance) inside the U.S. If you wanted to approach permanent resident status for him based upon a K-1 petition, you can, but he would need to leave the U.S., apply for and receive the K-1 visa, and return to the U.S. as a K-1.

As a couple other answerers told you, it's possible to bypass the K-1 visa process by pursuing adjustment of status, but I'm answering the question as it was asked, and the answer is "no."

However, two other persons gave you good answers when they said that you can skip the fiance visa if you want and proceed another way.

Answer 2

no. K1 visa is filed if your fiance(e) is outside the US.

after you get married, your husband can adjust status from his student visa and not worry about the expiration. it would be better if you can file the paperworks asap.

here's to guide you:

http://www.visajourney.com/forums/index....

good luck!

Answer 3

If you love each other....get married before his visa expires, that way there is no doubt about his legality when you apply for his temporary and permanent green cards.  I am not telling you to marry for citizenship by any means, but if you are ready to get married and you are looking for the best way to maintain his legal status, then marriage is best before his visa expires.  I was 16 when my then fiance's visa expired, so I could not have married him then.  I waited until I was 18 and those 1.5 years were difficult on us because we knew we wanted to get married and we knew there was pressure on him even though he was really just staying for me.  When I turned 18, we got married and did the paperwork.  It took a long time to go through, but it was for the best.  We have been married for 4 years and have a 8 month old daughter now and he applied for citizenship this spring.  If you love each other, get married.  If you don't, don't go through the paperwork and application fees just to extend his visa by a few months if you know it won't work out or if you have doubts about his sincerity.

Answer 4

Firstly, your fiancee is already in the country, there is no need for another visa. A visa is just document which permits the holder to request permission into a country.

Secondly, just because his student visa expires, does not mean that his stay in the U.S. does. It is the date on his I-20 which determines his legality in the U.S. If the I-20 is still valid and he is still maintaining a full course of study (12 credit hours), then he is still legal in the U.S. regardless of if his visa expires or not.

All you need to do, is to get married and then File Forms I-130, I-864, G-325A. He will need to file Forms: I-485, I-131, I-751, G-325A and of course schedule an appointment with a USCIS approved civil surgeon for medical and obtain a police clearance form from every country which he has resided in for 6 months or more.