bwa.gb

Hi,

My girlfriend from the US is currently a student at University of Tennessee at Chattanooga. We are wanting to get married (I'm due to go out there at Easter to 'deal the deal'). Are we going to encounter problems with the fiancé visa with her being a current student and therefore obviously living from student loans and part time work? Her family also help her out with her finances.

She's not living anywhere near the poverty line but is this good to be a problem for us?

Any help or advice with this would be greatly appreciated!

Pulaski

Not sure what "deal the deal" means? If you mean "get married", you won't be doing it on a fiancé visa this Easter if you haven't applied for one yet, because it will take about 8-9 months.

bwa.gb

That was meant to say seal the deal, by way of a ring. It's something that we've already discussed.

Guindalf

Getting engaged is fine - it's not actually a legally binding contract!

As for the finances, your girlfriend will need to file as your sponsor. She can add her father as a co-sponsor if the requirements are not met on her own, so, in short, no, it won't be a problem.

Pulaski

So you're going to declare high value (in excess of your duty free allowance) jewelry to US customs and pay the duty?

bwa.gb

I wasn't aware you had to declare items like that...?

Pulaski

Er? There isn't an exception for engagement rings when you declare the items you're carrying into the country. I presume you're planning on leaving it behind when you return home?

Guindalf

There's NO duty if taxes were paid on the ring when it's purchased. The excess only applies to duty/tax free items.

If there are any concerns in that area, then just buy the ring in the US when you get here. That way, she can choose it and have it sized on the spot!

Owen778

If you're planning to go to Tennessee to get married, and then return home to the UK, then you don't need a visa (assuming you are a UK citizen and don't have a reason to be barred from the visa waiver program).

If you're planning to go to Tennessee to get married, and then stay in the USA, then you will need a K-1 visa. If you haven't already applied for one, there's no chance you'll have it in time for Easter of this year.

And yes, it does cost a couple of thousand dollars to gain a K-1 (fiance) or CR-1 (spouse) visa and then adjust status to being a permanent resident in the US. Visa approval also requires income, to show that you will not be a public charge in the US. This can either come from you, or your spouse, or a sponsor who agrees that they will support you if necessary.

bwa.gb

The plan is send off the petition at Easter and get it all started then with a view to marrying in Tennessee and residing there permanently subject to approval etc.

ian-mstm

No, she doesn't. Anyone can be a sponsor with respect to finances for a K-1 visa.


No, she can't. First - there is no such thing as a "co-sponsor". For a K-1 visa there is only a sponsor - and it can only be one person. To adjust status there is always sponsor and, often, a joint sponsor... but never a "co-sponsor". Second, either she has sufficient income/assets to act as the sponsor for the K-1 visa, or her father has sufficient income/assets to act as the sponsor for the K-1 visa. They can't combine their income/assets to meet the requirements. Or, if the guy has sufficient income/assets, the interviewing officer might accept that in lieu of a US-based sponsor.

Ian

ian-mstm

She can file the I-129F petition right now if she wants. There's no requirement to have any sort of formal engagement scenario or ring exchange. Start sooner... get married sooner! Up to you both, really.

Ian

Owen778

The K-1 visa takes a long time to be processed and approved. If you're sure you want to get married and emigrate, then I recommend you both start pulling together all the supporting documents and send it off as soon as you can. Don't wait until you've actually travelled over there for a visit until you send it off.

I think that's what you're planning, anyway. I'm still finding your posts a bit confusing.

ian-mstm

Immigration is a 2-step process. The entire process from filing the I-129F petition to getting the K-1 visa in your passport takes about 8-10 months. The step that contains the actual K-1 visa processing and approval is only 4-5 months. The rest of the time is taken up with processing and approval of the I-129F petition.

Ian

Noorah101

She can't use the student loan money on the I-134 Affidavit of Support, because she has to pay that back (it's not income). The money from her parents MIGHT count, as long as it's considered a gift and she doesn't have to pay it back...but she needs to get that in writing and it still might be iffy with the ConOff. Depending on how much she earns at her part time job, she may or may not qualify to be your sponsor. It will be up to the ConOff to decide if her income is enough or not. You can always use a different sponsor, though, such as one of her parents if they have a decent income.

Rene