Advice...just engaged
 

Hi All,

I recently got enaged to an US citizen, we're in strange circumstances, she ios partially way through a dentistry degree, im in a career in england. I have some questions:

-We are thinking of entering the K1 visa in january, but are keen for there to be no mistakes etc, do you recommend that we should hire an attorney, does anyone know any reliably good attorneys that help them through the proceess, some of the websites we have seen seem rather dodgey.

-as regards to affadivit of support, she has over $50000 in her name, but obv she is a student, i also have funds totally over £15,000, is it likely we will need a co sponsor, and if so what are the general rules to a co sponsor?

- It's a possiblity she could be moving here to study for 6 months in decemeber, so is it possible for her to process a k1 application should she be living in this country (we just dont want to be lviing apart etc!) or is it best she is in the states? or does it not matter?

Thanks for your advice in advance, seems alot of good people on here giving out advice and experience so your help is much appreciated.

Cheers

chris

Re: Advice...just engaged
 

Unless you have obvious problems like a prior overstay issue or you've ever been arrested or anything, an attorney is probably not required. Many of us here, me included, did the entire K-1 process by ourselves. An attorney can not speed up the process, but can help you avoid "beginner" mistakes... but so can we! :) However, if having an attorney will help you sleep better at night, well then... go for it. You can start at www.aila.org.


A joint sponsor must be over 18, must be a US citizen or PR, and must be living in the US.


The K-1 must be filed in the US (it can be mailed from anywhere)... but she does not need to remain in the US during processing. Someone reliable will need to check her mail since there will be some correspondence.

Just to clarify... because someone is sure to ask... you and your fiancee have met in person, right? :)

Ian

Re: Advice...just engaged
 

haha! yes of course, we met in germany and lived together, 2 weeks ago she had to return to thet states to continue her studies. We have some boarding passes and photos for proof.

So do you think we would we require a co-sponsor then? My fiance meets all those criteria.

Re: Advice...just engaged
 

$50,000 is not enough in assets for her to qualify. See here: http://www.uscis.gov/files/form/I-864P.pdf

The 125% income guideline for a family of 2 is $17,500. Assets must be 5x that amount to qualify. She would need $$87,500 in assets to qualify.

Of course she will be using an I-134, which may not have such strict guidelines to it, but that's up to the officer at the interview. Your fiancee's $50,000 may or may not be acceptable.

You can try self-sponsoring using your 15,000 pounds in savings, that might do the trick. Again, it's all up to the interviewing officer.

Might not hurt to have a joint sponsor lined up *just in case*.

For sure once you are in the USA and filing AOS, your fiancee WILL need to meet the income requirements of the I-864...if not, you will need a joint sponsor.

Rene

Re: Advice...just engaged
 

You qualify financially for the visa yourself; a lot of people are able to do that in London.

The bigger picture you should look at is the affadavit required for your Adjustment of Status after you are here and married and want to stay. That form is called I-864 and it has specific financial requirements. Which you two appear to meet already.

Re: Advice...just engaged
 

By combining their joint assets, right? Assuming at that time they still have the same amount in assets....

Rene

Re: Advice...just engaged
 

We're in the middle of our K1 process at the moment and have found it really straightforward. I have no experience at all with immigration/visas etc but the instructions are clear and simple. Just fill in the forms they tell you to and send it to where ever they ask you to! I also found this forum very helpful and informative if something does throw you.

Hiring legal help could be a bit of a waste of your money. Unless you've got anything dodgy in your past of course!

Re: Advice...just engaged
 

no nothing dodgy at all, I think im just fearful like with all the requirements needed that i miss them, take the fiancial one for example, i didnt realise been married to them and getting a visa would be so fiancially orientated, maybe i should get saving now as she doesnt have a full time job due to been at uni, it just seems really stressful and im worried about it.

As regards for a joint sponsor, how does that work then, do we send 2 of the same forms one filled out by the joint/co sponsor and one by my fiance?

Cheers
Chris

Re: Advice...just engaged
 

Believe it or not, it really is that simple! :)

Ian

Re: Advice...just engaged
 

If you choose to use a joint sponsor, then your fiancee will fill out an I-134 with her own information on it, along with her financial backup information (even though she doesn't qualify).

The joint sponsor will fill out his/her own I-134 with his/her own information on it, along with his/her own financial backup information, showing they qualify. He/she will also need to provide proof of US citizenship or PR status in the USA.

The same will go for the I-864 affidavit of support, when the time comes later on.

Rene

Re: Advice...just engaged
 

According to travel.state.gov the assets must be 5 times the difference between the sponsors income and the 125% poverty level not 5 times the poverty level.This is for the I864. my base income is below poverty since a lot of my job is commision and I did not have $87,000 in assets althougn I had a fair bit. This was in London. They asked for evidence of support and my fiancee mentioned I had a co sponsor but they weren't interested.

Re: Advice...just engaged
 

The affidavits have to be notarised as well. That is for the I134. The I864 which you will fill out later does not have to be notarised but it is legally binding.

Re: Advice...just engaged
 

The asset requirement is actually 3X for the spouse of a USC, not 5X.

Re: Advice...just engaged
 

Thanks I re read it. It's 5x the difference for the fiancee and 3x the difference for the spouse. Sorry for the error.

Re: Advice...just engaged
 

erm, there is no I-864 for fiances.
And there is no set financial amount for the I-134.