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Is my fiance eligible for a K-1 visa if we start the process while he's in the US on F-1?

My situation is a bit complicated. My boyfriend is here on a student visa. He applied for an OPT but was seemingly denied (we haven't gotten the definitive word on that). I expect that he will be leaving the US sometime in the next few months. There's also the chance that the OPT situation will be reversed and he'll be granted more time to stay here. Either way, we want to get married. I haven't been able to find anything describing what to do in this situation. Will my request get denied because he is already here on a visa? Will the application for a K-1 after his request for OPT was denied make us a suspicious case? Is there a different route we should be taking since he is in the US? Should I wait for him to leave before I start the process of applying for the visa (we want to start as soon as possible to minimize the time we will be spending apart)?

Right now, I am trying to figure out if it is worth it to file the I-129F given our circumstances. It's a lot of time and money to invest if this path is a dead end.

submitted by /u/vitamingigi
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source https://www.reddit.com/r/immigration/comments/k4zg8n/is_my_fiance_eligible_for_a_k1_visa_if_we_start/
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