yorkieuk

I don't know if anyone can help me I am getting really stressed out and I don't know how to sort all the visa stuff out!

Basically I am a Uk citizen, my fiance is a US citizen, we have been together for about 2 1/2 yrs and want to get married in June 2009 in the US, and live there afterwards. I have started looking at all the visa things required everything seems quite straight forward in the sense that we have not been married before, I have no children, clean health/criminal background etc

However the part that is really confusing me if the affidavit of support area. At the moment I am a student (graduating in May 09) by then i will have a law degree + a masters degree but the problem is because I am a student I have a student loan from the student loans company (about £9,000) plus a student over-draft! I spoke to the student loans compnay and they were fine with me moving abroad i just have to make an agreement to start paying it back once i earn over the UK equivalent of £15k in US dollars.

Will the fact that I have no savings, a house etc be a problem? My fiance is also a student and he does have some savings plus his parents are more than willing to do the whole affidavit of support is he doesnt meet the income criteria because they both have well paid jobs.

My main question therefore is are they likley to not issue me a visa because of my overdraft here or will it be ok? I have never been bankrupt had any CCJ's etc but it has got me worrying. I would like to work towards playing it off over the next yr but because I wil still be a student I doubt this will be likley! Will someone please help me! I just have this recurring worry that I will get to the US embassy in London and they will tell me I'm not allowed to enter!

Thankyou!

Noorah101

Don't worry, your debts in the UK will not affect your K-1 visa. It's not your income that counts, it's your fiance's in the USA.

If he does not meet the requirements for the I-134 (for the K-1) or the I-864 (for AOS), he can use his parents as joint sponsors, no problem.

Seems you are good to go, and shouldn't have any worries.

Best Wishes,
Rene

Rete

As the UK Citizen you don't have to worry about the Affidavit of Support. That is for your USC fiancee to worry about. If he is unable to meet the guidelines in 2009 they can get a co-sponsor, for example, his parents, to complete the affidavit. They have to do one and the co-sponsor does another one. The co-sponsor will have to show earnings for all members of their household plus you.

Have you looked into using your law degree in the US? It might not be as easy as you think and infact, it might be wiser for your USC fiancee to migrate to the UK.

yorkieuk

Thankyou Rene you have without a doubt eased up my mind!

Rete; Yeah I know it's very different although I have been looking into it and there are a couple of universities in the states that will offer a J.D in two years if you have an l.l.b from the UK because both legal systems are based on the common law system. I intend to take the LSAT in the states this June and then go from there really. I know it costs a hell or a lot more than the UK so I dont know how that will work out I may have to work for a yr or two first to fund it and to build up a credit rating etc!

As for my fiance moving to the UK, we looked at that but he is about to enter medical grad school in the states so he will have to be there for at least 5 yrs i think! Also we dedided that the much higher cost of living in the UK outweighed any benefits living here may bring!

Folinskyinla

Hi:

You don't say which state you will be living in. Bar admission is a matter left to each individual state. I would recommend looking up the rules of the Bar of the state in which you intend to settle. You may not need a US JD degree. I'm not sure, but I don't California would require it. I know several California lawyers educated in Commonwealth countries who never obtained a US JD and are members of the California Bar. [from South Africa, UK, Canada and Australia]. In fact, it might be easier for you to be admitted in the US than it would be for a US trained lawyer to be admitted in a Commonwealth Country.

BTW, as an historical footnote, the US Law Degree was an LLb for the longest time. Starting about 40 years or so ago, there was the trend to use of the "JD" moniker because a law degree had almost universally become a graduate degree. So, please do not be confused by the difference in terminology.

On the timing -- do NOT make your wedding plans in stone -- the visa may or may not be issued in time.

yorkieuk

Thanks alot! I will certainly look into that, I intend to live in Illinois so will have to check the requirements but that would dertainly save alot of money!

As for wedding plans, is a year and a half enough time to get a visa? My future mother in law wants dates because of the church/reception/photographer getting booked up in June 09. I feel really wary about setting a date when i dont even have a visa but i have lots of family and friends from the UK who also want a date so they can start saving for flights etc! Argh!

Also if we set a date and have the church booked etc do you think this would look good in terms of evidence when my finace submitts the I-129F because it kind of proves the intention to marry part!

Folinskyinla

Hi:

When issued a K-1 visa will be valid for 6 months, and you then have 90 days after the K-1 admission to marry.

On timing issues, the processing times can change overnight -- all my clients ask "how long?" and I give my best educated answer of "I do not know." I add how long cases getting approved now have taken.

Noorah101

It might...I know at our K-1 interview the officer asked me what my wedding plans were, and I had to say I couldn't make any, not knowing when my fiance would get his visa! She said yes, that's understandable. So it probably won't matter a whole lot.

My sincere advice, though, is to not make any plans that can't be refunded, canceled, or changed - until your visa is IN YOUR HANDS.

Rene