Can I apply for a K-1 if my fiance is a student and a citizen? 3 Answers as of April 27, 2011

I am a British Citizen, and my Fiancé is a US Citizen. She is currently a student at College. Would this cause a problem for us if I were to apply for a K-1 Visa so that I could move to America and be with her? We have met before within the past 2 years so that part is not an issue.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
There is no problem at all as long as she is OK with it of course. If you are going to marry one another anyway, why do you need a K-1 visa? Just do it and once you become an immediate relative of hers, you will be able to adjust your status here in the US. Good luck!
Answer Applies to: California
Replied: 4/27/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
As long as she is a U.S. Citizen she can petition for you as her Fiance. However, you will need an affidavit of support, so if she is unable to sponsor you as she is a student, use a joint sponsor.
Answer Applies to: Florida
Replied: 4/25/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, your fiance can petition you for a K1 even if she is a student. However, if she is not working, or does not make enough, you will need a co-sponsor for the affidavit of support.
Answer Applies to: California
Replied: 4/24/2011
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