Student visa.. Fiance visa..? Please help me :(?
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Student visa.. Fiance visa..? Please help me :(?
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My boyfriend and I plan on getting married - he also wants to go to a college around where I live. He lives in New Zealand, and I live in the USA.. missouri.
We'd originally planned on him going to the college then getting married in a few years.. either after he finished college, or somewhere inbetween if we have enough money.
My question is.. is that a violation of the student visa? I'd really like a nice wedding, but I won't have the money beforehand. But, if I have to I'd be okay with a courthouse wedding and then renewing our vows later.. I'm just wanting to be sure on the legalities of this all.. thank you so much.
Additional Details
Yes thank you - I already did some reading and I agree that I will go the safe root and NOT let him file for a student visa. Thanks.
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dancing_smurf
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It is a yes / no answer and it depends on what immigration decides is the correct version. Let me try to explain my answer. If Immigration believes he entered on a student visa in order to live here and then to marry you then he is not a genuine student. This means Immigration could rule he obtained his visa illegally and deny his application for a spousal visa. Assuming Immigration is alright with him entering as a student and then marrying you he will have to ensure that he files a change in status. Change in status will allow him to switch his visa category from student to spousal visa. I believe he would have to file for the change in his home country and wait for approval. If he does waits until after he marries you to file for the change then he potentially in violation of his student visa, subject to removal, and a ban. My advice would be to have a conversation with an immigration lawyer to see what is in your best interest. Gut feeling says you are probably better off filing for a marriage visa and not going the student visa route. |
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Yak Rider
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No, it's not a violation of the student visa. Many students, during their years in the USA, get married to US citizens. As long as he attends class full time he's fine. After you get married it's easy for him to adjust his status to immigrant without even leaving. |
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Gautam G
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No it is not a violation of F-1 visa.
but it is the very first step to get PR through family.
for more information. click on.
http://www.hooyou.com/f-1/family-base.html |
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