vikingsail

Mirror mirror on the wall.....

Dodgexander

Well it's been a little while and we have finally managed to book my next visit in February. She is also retuning here to visit in May.

One thing that we are both really scared about though is our permanent future. We want to get married and think we want to go down the k1 visa route.

Problem is we have just had a blow to our confidence because she (USC) is currently obtaining food stamps.

K1 visa and Form I-134


Her income meets the required 100% for 3 persons. (Her, Her Son, Me) but will her claim of food stamps affect this?

Adjustment of status and I-864

This seems like it may be a big problem for us because her mother and stepfather really don't seem keen on co sponsoring me. Is it a possibility asking her sister (who my gf currently lives with) to fill out a I-864a so my gf can include her income and dependancy on her i-864? If not I'm not sure how we can make the 125% needed. Plus again she claims food stamps.

I'd like to hope that other things come in to play too such as my health, ability to work, savings etc but we're really nervous about this. I know once we are married we have joint assets so any money or assets we have saved can go towards the meeting the 125% - is this correct? eg 125% of the poverty guidelines minus her income = amount needed x5 saved ?

We're really worried right now that we won't be able to be permanent together

Noorah101

Food stamps won't be taken into account, so if her income is enough, she should be fine. I don't know how food stamps work, but I thought it was for low- income families. If she earns 125% of the poverty guideline for a family of 3, that's not very low, is it?

Yes, her sister can either be a contributing household member or simply a joint sponsor. Or anyone...does not have to be a family member.

The asset requirement is 3x when it's the spouse visa. 5x if other than spouse, or joint sponsor.

Rene

Dodgexander

Thanks Rene!

She earns just over the current mark for 3 persons at 100% only. 125% is out of her income. Of course this will likely go up in 2017 somewhat. This is the concern really that she doesn't meet the 125% for 3 persons.

I heard that the consular officer will likely look at meeting 125% with the k1 anyway since they will expect you to file for adjustment of status soon anyway. Is this true?

Great to know about the assets difference! So am I right you calculate the difference between income and savings? It's not a matter of needing $75,000 saved for us is it?

She started a new job in July and since then has been earning a lot more compared to before. She still gets food stamps but not as much as she did before. I think it's also because she is a single mum and her son's father pays little in child support.

Twinkle0927

I would strongly recommend the spouse visa for your case. I fail to see the attraction of a K-1 in your situation. You seem to have a very good job as you can afford several extended visits to the US and appear to have no dependents. Why would you put yourself in a situation where you are unable to work for several months and will be living in a household that already is relying on food stamps (so cannot adequately feed the people currently in the household before adding an extra unemployed adult to the mix). Can your career sustain such a long break in employment? In my field, the longer you are out, the harder it is to get back in and even when you do get in you are often at a lower level than you left. I arrived in the USA on Monday on my IR-1 visa, 10 months and 11 days after USCIS received our original petition. I start my new job on January 3. I visited twice during the process (and would have visited at least once more). I know the K-1 is slightly quicker but the quickest way isn't always the best way. This is a long-term plan and a long-term decision.

glowie

This.
Your savings might be great for a little time to support you and your wife, but waiting around 6 months until you have your working authorization and then some more time until you actually get a job, do you really want to put this kind of pressure on your then newly wed wife?
Carving 6 months out already with using the CR-1 and being able to search for work immediately (or even line something up while you're still in the UK) can make a huge difference.

In my case I was already here on a contract position with a different visa, married and filed my adjustment of status (what you would need to do after marrying on K-1) on the day my then current visa ran out, so I was no longer allowed to work. I had to wait the full 3 months before getting my EAD and then it took me 4 months to find something suitable (and this is close to Chicago, so there was no shortage on jobs, it was the missing US work experience, since I only had a year in the US before). Luckily my husband earns enough so he was able to support us both during that time, but it's definitely hard, especially if your finances are not up for a challenge like that.

Also, think about the costs. I'm not sure how the costs of a K-1 compare to a CR-1, but with the K-1 you have the additional cost for the AOS, which in total ran me $1500 + medical, so around $1800, 2 years ago.

Noorah101

I agree that the CR-1 spouse visa is your best option. Get married on your next visit to the USA and start that process. That way you only have the I-864 to deal with, and your assets can be counted...maybe no need for a joint sponsor.

Rene

Rete

You're on the right track with long term planning. However, your fiancée's living situation makes things a bit more difficult than you might imagine. As a single parent with one child and an extremely low salary, she receives food stamps to help with feeding her child. She might also be receiving Medicaid because of her low salary. While others have discussed the affidavit of supports with you, you and she, in particular, need to think about what marriage to you if you go the CR-1 route means to her benefits and can she live without them if your marriage has a negative affect on them while she waits for you to obtain a visa.

Having a husband, a husband who is working even though overseas, will in all likelihood increase her family income and thus eliminate her eligibility for food stamps and Medicaid if she is receiving that.

Also is the fact that she is living with her sister and her sister's family. Will you also be living with her sister when you arrive? Is this how you want to start off your married life? Will you be sending monies to her to support her and her son in a separate apartment? Do you have a career that is easily transferrable to the US?

You need think how each option will impact her financially in regards to social benefits and if you are capable of supplementing her to the point that if she is denied them, she can still maintain a decent level of living.

Pulaski

I fail to see much attraction of a K-1 under almost any circumstances, except perhaps where one half of the couple has a terminal illness or the foreign half of the couple would be under threat of assault or death if they remained in their homeland.

Dodgexander

Thanks! You're all very kind for your time and responses! This is something we will consider too but we like the sound of the K1 visa better simply because it allows us to spend more time together.

I had read with the k1 you should file your adjustment of status immediately when you get to the USA, does this cut down on any waiting?

I estimate my savings should be enough to last a period of 9 months+ but the prospect of not working for a lengthy period of time is a daunting one. I suppose with the k1 even if marrying immediately and filing for adjustment of status I could be looking at 6 months without work? Maybe longer.

I guess the biggest drawback we see to going down the path of the spouse visa is being married but then being apart, or principally being apart for longer to begin with. We already feel being apart to be hard as it is, so I'm not sure! Even if the spouse visa is the most sensible path to take financially isn't the k1 the best for us to spend more time together? Especially with the limits of the VWP and also the fact keeping a job here would limit my opportunity to visit.

Actually my job isn't great, at least it wasn't until it ended recently. I had thought to use this time (and savings) to visit and spend more time with her before I look for work again. Luckily I'm in a position and have savings. Seems it's a case of sensibility vs time being apart when it comes to our choices.

Yes getting married next time I visit is possibly but what about after that? Supposing I want to visit again soon I doubt the border police are going to be to happy with that in the VWP after closely visiting for 3 months. However entering next time with a k1 visa seems a more sensible avenue in this respect. Especially to spend more time together.

Yes she lives with her sister currently, with her Son too (unless he's at his father's) and I guess yes to begin with this is what we thought we would have to start with, at least until I am able to work and we can hopefully look for a place of our own.

I don't think she's currently on Medicaid because she earns too much for her and her son. I guess if I went the k1 route in the time for adjustment of status because I wouldn't be earning yet it wouldn't effect her food stamps? Even if it did I think I could support her with savings. I already send her money from time to time when she's in trouble if I can get her to reluctantly accept it!

As for my career path, no I don't have a line of work I can jump into when there. I am planning to get whatever job I can as soon as I can there and I am planning to work between my time here and returning there too.

Nonetheless the requirements for either visa, namely the poverty guidelines income percentage related to the affidavit of support is what scares us the most and I feel is going to be our biggest hurdle to overcome with the application thanks again

Noorah101

I don't see how the K1 allows you to spend more time together. It's only marginally faster (maybe 2 months?) To process than the CR1. Yes, if you've met in person recently, the I-129F could be filed right now...but if you are coming for a visit in the near future, that also becomes irrelevant.

Ultimately you have to choose the visa that you both feel comfortable with.

The big advantage of the CR1, for you, would be that you can start working on Day 1 in the USA. With the K1 you are looking at several months until you even have the eligibility to work.

Also, with the CR1, your savings can count on the I-864, which I think is a plus.

Rene

tom169

I know for my other half getting married and then leaving each other again is something that she just couldn't come to terms with.

By that token I guess for us the decision for K-1 instead of CR-1 was more emotional than logical.

BenK91

This was exactly the same for us with us choosing the K1. It took around 4-5 months from the initial application to me being in the US. However for your case I would definitely go down the CR-1. The time difference really shouldn't be a factor when you've got so many different things at play.

Nutmegger

You are going to be apart for a while either way -- and you can visit during the process of obtaining either visa. The K-1 may bring you together very minimally shorter, but surely in your position, the ability to seek a job as soon as you arrive in the US must be a big plus on the side of marrying first and applying for the CR-1? You are looking at the rest of your lives, right? So time to think in terms of the big picture. It is also a fact that you will probably find it easier to get a job in the UK, so you could spend the time the visa is processing getting some more money in the bank. That is alone is going to be so important as you move forward. Good luck!

celticgrid

Reading through this thread I think you should do everything to hold onto those savings. I wonder if you realise just what the cost of living will be.

As money seems to be your prime concern, running through most of your posts, to choose a path (K-1) that has you eating into your savings seems to be illogical when you have an alternative. However, you continue to be worried about the financial side of things and at the same time argue for a course of action that negatively impacts your financials.