For the sake of accuracy, I will correct the info in your responses because somebody is giving you bad info. I have gone through the K-1 process, adjustment of status, removal of conditions on greencard, and citizenship, so I have a good idea of what I'm talking about.
BashfulDwarf wrote:
In the case of the K-1, she can file abuse charges against you, and can still receive her green card, if she can show that she came here with honest intentions. Until she is officially deported, you are responsible for any healthcare bills she wracks up until the case is closed by INS.
I think you mean that she could file for a greencard under VAWA, meaning that she would alledge abuse by you against her. If she has evidence of it, she
could be granted a greencard. But she would not file charges against you, meaning there is nothing that would/could happen to you. The only way that a K-1 can file for a greencard this way is if you marry. (Btw-If you marry an F-1, she can do the exact same thing.) Getting a greencard under VAWA is not as simple as her accusing you. She needs police reports, medical records, affidavits, etc, showing the abuse. Not as easy as it sounds. As for filing charges against you, any woman (no matter what visa she entered on) can call the cops and accuse you of domestic violence.
As for your financial responsibility... When you apply for K-1, yes you must sign a I-134 Affidavit of Support. However, that document is not a legal contract. It's not enforceable. The only time you are responsible for her financially is when she applies for a greencard, and you sponsor her by signing an I-864 form. This
is a legal contract with the US government stating that you agree to repay the gov't for any means-tested benefits she receives (food stamps, welfare, medicaid, etc). However, the government hardly ever enforces it. The gov't is too big for somebody to actually be responsible for connecting the immigration case to the welfare system. And if she applies for a greencard based on VAWA, she would not have a signed I-864 from you, so why would you care? You wouldn't be responsible.
BashfulDwarf wrote:
few visa types have an automatic conversion feature. But, non-immigrants visitors can easily apply for immigrant status, if they can show a valid reason. In a pinch, a K-1 CAN be filed and processed entirely in the USA, with no requirement to return home. But if they did require it, she is still on her F-1 (actually the I-20 allows her re-entry), she can come and go as necessary.
Non-immigrants CAN'T simply apply for immigrant status whenever they want to (valid reason or not). The only way a visitor on a non-immigrant visa can adjust their status to permanent resident is if they marry a US citizen. But I would not say that the process can be done "easily" under any circumstances. It will only be approved if they can convince the immigration officer who will interview them that the visitor entered the US with the intent to leave at the end of the term of the visa. If immigration determines that the non-immigrant entered with intent to stay, they will deny the adjustment of status, and ban the applicant for life (usually) for visa fraud.
Are you saying that you can file and get a K-1 approved without her going home? Yeah, that's wrong. Yes, it's filed in the US by the petitioner (you) but she has to attend an interview in her home country in order for the K-1 visa to be issued. They don't issue K-1's in the US.
You are right that an F-1 is a multiple entry visa where as the K-1 is a single entry visa. Once used, it become void. K-1 has to marry, apply for a greencard, and receive a travel allowance document before they can travel outside the US and be allowed to re-enter. It takes 60-90 days after applying for the greencard to receive the work authorization (EAD) and advance parole (travel doc).
Also, for some reason you are not recognizing or realizing it, but you are freely (and somewhat non-chalantly) admitting to helping an foreigner commit visa fraud by entering the US on a non-immigrant visa under false pretenses for the ultimate purpose of adjusting status to remain in country. This is no joke. If I were you, I would seriously think about your future decisions. If they break her and she tells them your plan, you could be in an situation.