SD890

Hello,

I am a US citizen, my fiance is a British citizen.

I am trying to get an idea of how likely it would be for me to have to have a cosponsor for the K1 visa?

I do make enough above poverty to be the sole sponsor without a cosponsor however I just began my first "proper" full time job in February 2016 and my prior tax returns are significantly lower. We will be apply towards the end of the year as he has another year of higher education left.

Has anyone had a situation similar to mine where you have not been in a position longer than a year and your prior taxes have been lower?
If so, did you have to have a cosponsor?
If not was it because you had assets?

Any knowledge would be greatly appreciated.

ian-mstm

It'll be impossible - because there's no such thing as a cosponsor for a K-1 visa. For the I-134, there is only a sponsor... whether it's you or someone else. After you're married and you need to file an I-864, there can be a sponsor (you, by virtue of being the USC spouse) and a joint sponsor if necessary. None of the terms are interchangeable.


Past income isn't as important as current income... and there is no requirement that you have a job for a specific amount of time prior to being a sponsor. It's your current income that's important - regardless of what shows up on your tax returns. Note that you must make at or over 125% of the poverty level as outlined on form I-864P.


Many have - it's not an issue.

Ian

SD890

Ian,

I honestly can't tell you how much you have put my mind to ease. I think that is where I was lacking an understanding.
We have both worked really hard for this in every way of our lives like all couples going through this journey and it can be a bit confusing and if you are anything like me, make you a bit high strong.

I really appreciate you taking the time to clear this up for me.
Is there any advice you would suggest (pertaining to anything!) or any helpful tips to make the process go as smooth as possible?

Pulaski

If your fiancé is coming to the US any time soon, take a quick trip to the court house to get married (have a fancy blessing later if you like, with family and friends and all the trappings), then apply for a CR-1 visa instead.

The best bit is that with a CR-1 your fiancé will get a green card (I-551 stamp in his passport) and can work immediately, literally right there in the airport if he had a job lined up! .... There was another thread a few days ago where people discussed how post-marriage a K-1 was taking 6-12 months to get an EAD for, so the immigrant spouse was unable to work.

Nutmegger

You posted in the Immigration forum (perhaps a mod will move this), but if you pop over and do some reading in the Marriage based visa forum, you'll find lots of tips from folks treading the same path. Good luck!

SD890

Next time I see him will be in the UK...we plan to marry next summer as he has one more year of uni....hopefully things will speed up to get an EAD by then.

I would marry him today in a heartbeat though!
However we want to stick to the plan so to speak lol.

ian-mstm

We have a good (if a bit dated, but still good) K-1 wiki here.

Ian

SD890

Thank you!

scrubbedexpat099

London allows you to self sponsor.

SD890

To confirm after the UKC arrived with the K1 it took 6-12 months just to work ...I thought it was 3 months max.

I have another question in terms of household size how would it apply as I pay rent and live with my roomate do I count household size as 2 as she is not dependent to me?

Also if I were to apply for and accept a new job post paper work do I need to notify them of this or is it ok once the petition gets approved?

ian-mstm

It usually is, and for the past 18+ years or so it has been. There are odd fluctuations of course, as with all things.


I don't see anywhere on the I-134 where the word "household" is even mentioned. Can you please clarify what form you're looking at, and what specific question number.


You're a US citizen - you aren't obligated to inform anyone that you've changed jobs. Prior to your fiancé's interview, you'll provide him with an I-134 using details from whatever job you have at that time.

Ian

SD890

Hi Ian apologies it was form I864P that displayed the poverty guidelines to establish if requirements were met to be a sponsor.

Pulaski

But isn't it three months after the marriage and filing for adjustment? ..... Given that working in the few weeks after first arriving is likely impractical at best, and comes to a stop anyway when you file for adjustment, wouldn't 5-6 months be a more realistic minimum period during which you are not allowed to work?

Rete

I'm not 100% positive of this but it would appear that those that are waiting more than 90 days for an EAD are those that are requesting them based on other visas, i.e. L visas.

USCIS policy formerly was that it the EAD was not received in 90 days, you could make an Infopass appointment and go to the local USCIS office to get it. Is this still being done?

This is, of course without saying, after marriage and filing of the I-485 and subsequent I-751.

ian-mstm

Ah! There's no household size for the I-134 in order for your fiancé to get the K-1 visa. After marriage when you file the I-864 as part of the adjustment of status (AOS) process, you would have a household size of 2 - you and your (then) spouse.

Ian