Although there may be other attorneys with different opinions, in my view, you are in a catch-22 already.
In order to pursue his education, your paramour will need a student visa. The minimum requirements for such a visa are that the student must:
- Have a residence abroad, with no immediate intention of abandoning that residence;
- Intend to depart from the United States upon completion of the course of study; and
- Possess sufficient funds to pursue the proposed course of study.
If you intend to sponsor your fiance' it will be immediately obvious to USCIS that requirements #2 and #3 cannot be met, and your fiance' will be denied the visa.
This leaves you with petitioning for a K-1 fiance' visa
, bringing your fiance' to the USA for 90 days, and then either marrying -- or not.
You can enter into a premarital agreement to protect your assets -- however, since you must agree to support your fiance' in the event that the marriage fails, you cannot avoid being subjected to a spousal support award or support order from an immigrations judge.
In my opinion, allowing USCIS to properly vet your fiance' is the best way to determine whether or not your relationship is genuine, or a scam. I realize that you are certain that the relationship is entered into in good faith -- however, my experience is that "love is blind," as the saying goes, and more often then not, the fiance' visa process ends up destroying the relationship, because the U.S. Citizen discovers misrepresentations by the fiance', and/or some legal impediment to being granted legal permanent resident
status -- thereby making the marriage legally impossible, unless the U.S. citizen decides to move to the nation of the fiance'.
However, for the couples who manage to get through the fiance' visa process, the probability of a successful relationship is much higher. So, even though this may not be something you want to deal with, you may end up being happy that you decided to go that route.
To petition for a fiance' visa, see this link.
Hope this helps and happy holidays.
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Edited by socrateaser on 12/24/2010 at 4:03 AM EST