Originally Posted by JessInUSA

I already knew this on the second post of this thread. I was talking about the K-1.

Originally Posted by HunterGreen

After the post of FlyerGirl you seemed confused about the DCF again, that's why I replied.
I wish you good luck in your attempts to obtain the correct visa.

Elaine

Originally Posted by Rete

I believe Jess lives in Pennsylvania and her Canadian lives in Canada. They are not yet married.

Jess has some misunderstanding of procedures. Lets see if we can simply and clarify some of her misconceptions.

1. Direct Consular Filing (DCF)

This procedure allows the USC spouse to petition at the US Consulate aboard for their alien spouse to enter the US as a permanent (conditions not withstanding) resident. At no point during DCF is any petition filed within the US. The I-130 is filed aboard in the US Consulate in a foreign country.

This procedure is only available to certain countries and it is only available in some of those certain countries if the USC spouse mets certain requirements, i.e England where the US Citizen must have right to remain.

One Notable Exception to DCF: Canada ... it is not, repeat not available to a USC and a Canadian spouse.

2. K-1 - Fiancee Visa

This visa allows the foreign fiancee to enter the US for the express purpose of marriage to a USC. The USC files the I-129F at the service center for their living jurisdiction. For Jess this is Vermont. After the I-129F is approved it is sent to the National Visa Center and then after documents are sent to them and all is in order an appointment is given for the foreign fiancee to interview at the US Consulate. For Jess' fiancee this is one of two US Consulates in Canada --- Montreal or Vancouver. Her Fiancee opts for Montreal

After the interview and he is approved, he enters the US within six months with his fiancee visa and marries Jess within 90 days of entering. During their wedded bliss they file for now-hubby's adjustment of status.

3. K-3 Visa

Jess and Fiancee marry and fiancee, now hubby returns to Canada. Jess files an I-130 with the Vermont Service Center. When she gets the receipt (Notice of Action) from Vermont Jess will then file I-129F for the K-3 but this one can only be filed at the Chicago address on the I-129F instruction sheet. It takes 3 or more months for the I-129F to be approved. It then goes to National Benefit Center where you will exchange documents with them and then it will be forwarded to the US Consulate in Canada (again either Montreal or Vancouver depending on your hubby's preference). Then an interview will be schedule and hubby will go to the US Consulate for said interview. If approved, hubby can come to the US with his K-3 and then when his I-130 is approved he can file for adjustment of status.

Jess = I hope this simple breakdown of procedures helps you out. It is only skeletal but contains the bulk of the procedure without my fleshing it out and making it confusing.

Rete

Originally Posted by JessInUSA

It was all a misunderstanding, as someone was asking me about the dcf when i was talking about the k-1, but thank you for going through all that rete!

it looks as though we may not be able to do anything right now anyway...
I dont make enough above the pov. line to sponsor him (I have a son)...and the filing fees may be a little more than we can handle right now. He has sold some of his things to be able to come and stay, but I'm not quite sure what we are going to do.

Originally Posted by Rete

Never give up Jess. There are ways to do what you have to do and come out a winner. If you have to, and if you have court ordered child support, you can include that in your affidavit. What about a relative to co-sponsor him for the K-1? You can tell them the truth that financial sponsorship of the Fiancee for the K-1 is not binding in a court of law as the I-864 Affidavit of Support is. You can worry about the I-864 after your marriage when you will have Mack there to watch your son while you take a part time job to make the 125% of the guidelines needed. And once Mack is able to work, you can quit and if his adjustment interview is not until 6 months after he started living with you, his salary can be used on the affidavit of support to make the minimum financial requirements.

Explore all the avenues before you become despondent and depressed.

Rete

Originally Posted by JessInUSA

I have just recently filed for child support. The father lives in another state, and this could take up to a year to receive. Maybe I misled you, I do work full time and still do not make 125% above the pov. line (only about 12,000 a year).
So you mean, he can work before he receives adjustment of status? I'm a little confused in that respect. I understand that he needs to fle the ead after we marry, and for a soc. card, but I was under the impression he needed to adjust his status before he could work.

Originally Posted by JessInUSA

I have just recently filed for child support. The father lives in another state, and this could take up to a year to receive. Maybe I misled you, I do work full time and still do not make 125% above the pov. line (only about 12,000 a year).
So you mean, he can work before he receives adjustment of status? I'm a little confused in that respect. I understand that he needs to fle the ead after we marry, and for a soc. card, but I was under the impression he needed to adjust his status before he could work.

Originally Posted by Rete

Jess

When he files for AOS and his employment authorization document (EAD) once the EAD is received and he has his social security card he is free to legally work in the US. The USCIS does not make you wait to work until you have adjusted status. In some areas that could be years away. So they do give you that benefit. However, there will be a maximum of 91 days from the date of filing for AOS and EAD before Mack can accept employment. So you have to be able to have enough for him to live on until such time as he can legally work. Perhaps Mack has to get a job in Canada and start saving every penny he can get his hands on to get you over the fee and out of work for 90 days hurdle. It might mean you can't file for his K-1 until say Christmas time but you are young and it is only a few months out of a lifetime together.

Rete

Originally Posted by JessInUSA

I understand, but he would have to save about $7,000 to add onto my income to g et to the 125% mark. do they even add his savings?