Student visa.. Fiance visa..? Please help me :(?

It is a yes / no answer and it depends on what immigration decides is the correct version. Let me try to explain my answer. If Immigration believes he entered on a student visa in order to live here and then to marry you then he is not a genuine student. This means Immigration could rule he obtained his visa illegally and deny his application for a spousal visa. uming Immigration is alright with him entering as a student and then marrying you he will have to ensure that he files a change in status. Change in status will allow him to switch his visa category from student to spousal visa. I believe he would have to file for the change in his home country and wait for approval. If he does waits until after he marries you to file for the change then he potentially in violation of his student visa, subject to removal, and a ban. My advice would be to have a conversation with an immigration lawyer to see what is in your best interest. Gut feeling says you are probably better off filing for a marriage visa and not going the student visa route.