Pantifilus

Alright, so the short story is as such:
I've been dating a girl from England for a while now (will be a year on Oct. 5th, the day before my birthday). I spent a week with her in England at the end of March, which was absolutely amazing (both because she is...just wow...and England is beautiful country). We fell in love, and now we're at a point where we want to get married and be together in the U.S., since that's where I'm from. We both pretty much knew we were right for one another right off the bat, which is good.

I've been reading the stuff on the site for a while before deciding to join. And I've joined because I think I'm more confused and somewhat depressed by all the stuff there is about this immigration thing.
Currently I'm going to school at UC Santa Cruz in California (I'm 24, she's 22), about to get my BA and move on to graduate work. She's working in England.

Anyway, so there's the K1, the fiance visa as I understand it, and I realize that pretty much all options for coming to the states take forever. The thing I worry about is the financial side. None of us are criminals and I guess we can deal with 8-10 months of waiting, but how does the affidavit of support work? Do I have to be working a full time job, etc.? How does family support work? I was reading on this I'm confused because it seems like we're screwed in regards to that. Could someone explain that part to me?

And what else do I need to know about the K1? Is there a better method to go than that? I'm just lost. There are all these numbers and forms and VISAs and I don't really know which is best anymore. Some say one, some say another. Some say one is shorter, others say it is longer.

So if someone could really clear this up for me, that would be great. I want this to work and I'd like her to come here as soon as possible, if possible.

I do have plans to try to get my MA in England, since there is a school there that has a program I am really interested in. Would it be better just to move to England with her? Are there ways that we can visit each other in longer spurts than a couple weeks?

Thanks for any help everyone. I appreciate your time and your patience.

Noorah101

As far as immigrating to the USA, you really just have two options:

1. The K-1 fiance visa. Very basically, you file an I-129F and supporting documents, then she does some paperwork to apply for the visa, and in about 8 to 10 months she goes for an interview and gets the K-1 visa. That allows her to move permanently to the USA, marry you within 90 days, and stay forever. There is more paperwork stateside in order to get her green card.

2. The spouse Immigrant Visa. This method means you have to get married first (either in the UK, USA, or a 3rd country). Then you file an I-130 form, do some other paperwork along the way, then she goes to an interview in about 8 to 10 months and gets an Immigrant Visa. When she enters using this visa, she becomes a PR upon entry and there is no further paperwork to do for her green card.

3. Both ways need the affidavit of support. If you don't have enough in income or assets, you can use a joint sponsor. The joint sponsor must be 18 or over, be a US PR or USC, and be living in the USA. It can be anyone...friend, family, co-worker, whoever meets the financial qualifications.

If you are both planning to live in the UK in the near future, you might not want her to immigrate to the USA just yet, because if she doesn't remain in the USA, she risks losing her green card here. Staying temporarily abroad IS possible, by filing a re-entry permit and maintaining ties to the USA while gone, but the USA must be the permanent residence.

The VWP program allows a visit of up to 90 days, that's about the best you can do for visit timelines.

Hope that helps clear up some things...

Rene

Noorah101

Oh, and if you read anything about a K-3 visa, just disregard that. It's not the best option anymore by a LONG shot. If you're going to do a spouse visa, just do the Immigrant Visa I outlined above in number 2.

Rene

Pantifilus

What exactly is the VWP? I keep seeing that. Is that something you have to apply for or is that something attached to having a VISA? Does it work both ways (i.e. she can come her for 90 days and I can go there for 90 days)?

Also, more about the affidavit of support:
Can you have more than one support person? My mother would be willing to sign off on the support. We'd never actually need her help (we're actually both very frugal about things, so as far as surviving, it'd be really easy for us). Could we have my mother and maybe a friend sign off on that? How much in monetary support do you have to provide for the VISA folks? Would it be a problem that I'm a full time student?

In regards to studying in England: the problem with planning that is that there is no guarantee that I'd get to go to England for graduate work. The chances aren't good (highly competitive program that doesn't take a lot of people in), so I'm going to be applying to programs here in the states as well and take what I can get, basically. If I get to go to the England program, I'll take it if there aren't better options.

How long does it take to get a green card after getting the K1? What is the interview like? She gets really nervous about interviews (any kind, even job interviews...it's sort of her weakness), so what is the process for that like so I can try to prepare her for it?

Again, thanks so much. You're helping a great deal here.

Rete

It's what you used to go to the UK to visit her. It is the Visa Waiver Program which allows tourist from certain countries to visit the US and/or the UK without the need of a formal visa. For a UK tourist visiting the US the maximum time allowed for the visit is 90 days. Not 91 days. Anything, even an hour, over the 90 days means you must obtain a formal tourist visa from the US Consulate in the future. I believe the UK allows a US Citizen to visit its country for a longer period of time.

You must have a salary at 125% of the poverty guidelines which can be found on the USCIS website. I believe it is around $18,500 annually for a family of two (you and her). If you are using assets it is 3 times that amount. Even if you can't be the sole financial sponsor you must complete the affidavit. You then will need a co-sponsor which as Rene stated must be living in the US, over the age of 18, a USC or legal permanent resident. That can be your mother. She will need to show a salary and/or assets or combination of both for herself, whoever else lives with her and your fiancee/wife.

After your fiancee comes to the US on an approved K-1, you marry within 90 days of the validity period of the K-1 visa, and then she will file for adjustment of status. This can take three months to three years. In the interim she will be allowed to apply for authorization to work and travel without jeopardizing her AOS petition.

The interviews are a piece of cake and you might not like to hear this but if she is a nervous nelly then she had best rethink marrying you. There will be multiple interviews she will be doing over the course of her immigration and that will be both at the US Consulate for the K-1 and the USCIS in the US for the adjustment of status to legal permanent resident and there might be an additional interview 2 years after becoming a LPR if your marriage is less than two years in length at the time she is approved for residency for the removal of conditions which you have to apply to have removed 90 days before her green card expires and then there is the naturalization interview and test that we urge Britons to do since you can hold both US and UK citizenship and makes returning to the US easier if you do decide at some point to live outside of the US.

Strongly suggest you read the wiki on the K-1 and then AOS. Both links are at the start of this forum.

Bob

6 months.

As for the affidavit of support, it's worth pointing out that it's quite a commitment, only way to get out of it is if the person being sponsored became a US citizen, died or left the US.

The wiki is worth a quick browse as it covers quite a lot, not just about the visa's, but other things too...

Rete

That's what I thought but wasn't going to put in a time without being at 99 and one-tenth % sure of it

Since we have a visitor so I will expand on your list stating when the obligations of the financial sponsor are up:

1. Works 40 quarters under the Social Security Administration Guidelines (10 years); or

2. Becomes a US Citizen; or

3. The financial sponsor dies and the estate is settled; or

4. Voluntarily gives up their residency (green card); or

5. Involutarily gives up their residency and is deported; or

6. The resident dies.

meauxna

What does GF want to do when she gets to the US, while you're in gradual school?

Rete

Hmmm gradual school???? Is that one step up from grade school or is it kindergarten which will gradually wean you into going to school full time

Pantifilus

Well, eventually she'd like to work. I'll be working while I'm in graduate school as well, and after that we'd like to have a few years of just us and then hopefully we'll expand our little family a bit, if you get my meaning.
In theory she woudln't by my GF anymore if she moved here. We want to get married and I'm asking her to marry me this summer when she visits. It's just a matter of making sure we do everything right.

I'll go read the wiki stuff on the AOS, since clearly I don't know enough about that.

Edit: Where exactly can I find the contractual requirements for a sponsor for AOS? Or what are the things that would be expected of a sponsor? If my mother was a sponsor, she doesn't actually have to do anything other than say she is a sponsor and send some papers and such in, right? If someone could link me to the appropriate info on that it would be great. I didn't see that in the wiki on here. Thanks.

md95065

You can find copies of all of the immigration forms on the USCIS web site.

The "Affidavit of Support" is Form I-134.

Pantifilus

What I meant was where do I find the information on what the responsibilities of the sponsor are? What exactly are the obligations of the financial sponsor? If my mother or someone willing to sponsor signs on, what are they obligations and responsibilities?

md95065

The obligation is to provide financial support to the person being sponsored in the event that they are unable (or become unable) to support themselves. This obligation lasts until such time as the person being sponsored has either made 10 years worth of contributions to Social Security in the US or becomes a US citizen, or leaves the US, or dies.

During this time the person being sponsored must not "become a public charge" which essentially means that they are not eligible for any public welfare benefits (and, in the event that they did receive such benefits, the government would seek repayment from the sponsor - and, being the government, they would get their money ...).

So, in the best case the sponsor never has to do anything.

In the worst case (say the person being sponsored became disabled and unable to work) the sponsor could end up supporting the person being sponsored for the rest of their life (or as long as that person remained in the US) - and note that, in that case, the person in question would never become eligible for Medicare, or most other public benefits.

You might find this document helpful.

Noorah101

Pantifilus,

Go to www.uscis.gov, Immigration Forms, and read the I-864 (affidavit of support) instructions and forms. Also look at the I-864P, which is the financial guideline to be used (125% column). This is for her AOS after she comes on the K-1.

Similar rules apply to the I-134 affidavit of support for the K-1 interview, but it's not a legally binding contract, and there is a lot of wiggle room for income. You can use the I-864P as a rough guide, but London is more easygoing about meeting the I-134 affidavit of support requirements, while USCIS is very strict about meeting the I-864 requirements.

The I-864 instructions also clearly state what the sponsor's obligations and commitments are.

Rene

Pantifilus

Thank you guys very very much. I really do appreciate it and I'm so happy there is a site like this to help people through this. The whole thing is so difficult and it's nice to know there is a support group to help with these things. I've been stressing over it for a while, researching until I got a bit irritated, taking a break, and going back again. This is one of the best sites I found and I am grateful for all your help and patience.

I'm assuming that my girlfriend (will be fiance this summer, she actually already knows it's coming, so the surprise is sort of gone, unfortunately) is able to get on a standard medical insurance (like one you pay for) right? And one can get dual citizenship in the UK and US?

And thanks for clarifying the obligations of the sponsor. We have no intention of actually using my mother for anything except to help to make sure our application would be accepted. I just wanted to be clear what sponsoring would mean so when I talk to my mother about it she'll understand what it means.

I think I get how this works (at least on the surface for the AOS). Key words being: "I think." :P