K Visa Moving from a student visa to a Fiance visa

[l0ser20]

My boyfriend/fiance is a Jamaican citizen and finished his masters degree last year on a student visa. He then applied for OPT but was not able to find a job, that visa expires 6/20/11. We are wanted to get married in a few months and want to make sure we follow the law.

1) Does he have a grace period after his visa expires to leave?
2) Should he apply for a K-1 or K-3 visa?
3) Can he apply from the US or does he need to travel back to JA?

 

[army judge]

You know there is no grace period for visas.

They end when they say they end.

Of course be must return to his homeland.

Why?

Because, that's how visas work.

He gets back in line again.

Don't even think that if you marry him, it changes things.

You have to prove how you could support him.

You must show significant resources to support him, including health care. They will investigate thoroughly.

There are no legal shortcuts anymore!!!

 

[l0ser20]

I am a PhD student so what do you mean by "You must show significant resources to support him, including health care"? As soon as I graduate I will make significantly more but currently I am on a grad student TA/RA income. I DO have health care though through Blue Cross Blue Shield.

 

[army judge]

I am a PhD student so what do you mean by "You must show significant resources to support him, including health care"? As soon as I graduate I will make significantly more but currently I am on a grad student TA/RA income. I DO have health care though through Blue Cross Blue Shield.

If you wish to marry an alien, you have to prove to US authorities that you can pay his way. But, it us much more than that. You have to be able to support him and show the authorities how. It isn't what you could earn, but what you are earning or your wealth.

I suggest you discuss this with an immigration attorney.

Or, call Homeland Security and ask them.

Alternatively, you can Google it, and get an idea what the authorities mean by support.

There are some people on this forum that can provide you with more specifics. Suffice it to say, that you aren't able to do that in your current state as a student. But, you're wise to investigate this matter.

 

[Proserpina]

And please be aware - specially given the divorce rates in this country - that even if you divorce, you can be held financially responsible for him permanently.

(To the tune of 125% of the Federal Poverty Level).

This obligation only goes away if one of these conditions is met:

1. The immigrant dies
2. The immigrant naturalizes (becomes a citizen)
3. The immigrant leaves the country permanently (thus abandoning his/her residency)
4. The immigrant earns 40 qualifying social security "quarters" - works for about 10 years, iow.

Whether or not your fiance will have to return to Jamaica depends on what type of student visa he's on - so if you tell us that, we can go from there.

(There is one student visa that would allow you to get married here and adjust his status without him returning)

 

[l0ser20]

He is on an F-1 visa

 

[fredrikklaw]

Do not complicate a simple matter.

I0ser20:

To reiterate and paraphrase Army Judge's opener, the words "grace" and "visa" do not belong in the same sentence and as such there is no grace period for renewal of an expired visa, not these days anyways. It used to be that prior to 1998, an alien could simply walk into an I.N.S. office and renew his visa after it had been expired for months without batting an eyelid, alas no more; not these days.

An expired visa will subject your boyfriend/fiancé to arrest, detention, and removal proceedings, and he will also be restrained by a 5 year stay away (from the U.S.) period. So it would stand to reason for your fiancé to address an extension with I.C.E. or U.S.C.I.S. before June 20, 2011.

But in my opinion, by going for a K-1, K-3, or whatever other temporary status visa there is available, you will only manage to complicate a simple matter which is capable of being dealt with efficiently and put to bed at the first time of asking instead of dragging on for eons with uncertain results looming tall. One such complication would be the obvious chasing of a meaningless temporary K-1/K-3 visa that is bound to sap your energy, wits, and finances to the max. Another potential monkey wrench in the works would be the implication of your marriage ed in a few months when your fiancé will perhaps be in the throes of fighting for his immigration life.

In other words, your marriage in the future and potentially during a very tenuous period may, and I emphasize the word may, come across as having been entered to for convenience and in order to "circumvent" the immigration laws of the United States.

I therefor really thing that THE best next move for you two would be to tie the knot now and then by submitting an application to the I.N.S. for Adjustment of Status to an L.P.R. (Lawful Permanent Resident) by way of marriage to a Citizen. That way, he will enjoy some of the instantaneous and automatic privilege of the application such as automatic work authorization and an undisturbed Leave to Remain in the U.S. until the final outcome of your case.

Good Luck!

fredrikklaw

 

[Proserpina]

He's on the F1? Then he doesn't have to return to Jamaica.

I suggest you go ahead and get married, and then fast-forward to Fredrikklaw's last paragraph.

I cannot emphasise this enough though - be SURE that you and your co-sponsor completely understand your legal obligation under the terms of that I-864 affidavit of support.

Because it can come back and bite you hard.

 

[army judge]

OP, if your marriage goes sour, you could be stuck supporting this man, almost like he's a child!!!


Proserpina alluded to this in her previous posting.

Once you agree to sponsor this alien, you could be stuck doing it for 40 years!!!!

Those 40 years could run long after he divorces you.