tcpls11

Hello,
Many thanks in taking the time to read my query.
I live in the UK (UK Citizen) and have a girlfriend in the US (US Citizen), we would very much like to marry with the intention of me living there and starting a new life with her.

My main query is, I have ready many websites stating what you need to do in order to get a K1 visa then to go on for further applications to stay in the US, but Im getting a bit confused with all the differing respnces and termanolgies used.

My girlfiend and I have been together for 2 years now and have met each other on many occasions through holidays / vacations, but would now like to spend the rest of our lives as a legally married couple. We would like just have a simple ceremony in Las Vegas to comply with the 90 days rule then plan on having a large ceremony for family and friends at a later date. I will be moving over to the US with approx $30k with the intention of this providing me with income until I find work, would this be an acceptable amount to live on until I can get the approval to find work in the US?

Could some very kind sole please give it to me in 'laymans terms' a quick step by step guide on how I go about the process of beginning the K1 visa application to finally getting permanent approval for living the US.

Many many thanks for any help offered.

archiemiller

http://www.usembassy.org.uk/cons_new...iv/fiance.html

This should set you going. I'm currently 6 months into the proccess and can almost see the light at the end of the tunnel. I'm going over with substantially less than what you are so I think you'll be fine. Also, search around the forums here. There is so much good advice already floating around. I picked up allot from this site and can't thank everyone enough.

discoviking

You should also read the wiki:

http://britishexpats.com/wiki/K1

WARPed

You do very little at this stage. Your USC wife will need to submit the K1 paperwork (you will need to sign a few documents). Then after the initial checks are done you will be sent all the docs for you to complete at your end (police cert etc) and send to the embassy in London in preperation for your final interview. $30k will not be enough to sponsor yourself alone. You need to show something like $18k per year for 3 years at the K1 stage, and then $18k for 3 or 5 years (not sure which any more) when you adjust your status after being married. Your USC fiance/wife can help meet this with her employment earnings. Your savings can help make up the shortfall if necessary.

This site is a great resource for Visa information so make sure you read it all. I also suggest www.visajourney.com which is a forum and resources dedicated to marriage based US visas and is the site which make going through the K1 process very easy for me.

It isn't hard. Just time consuming. Good luck.

Noorah101

Specifically, the USC will submit an I-129F. It's not yet the "K-1 paperwork". The UKC eventually submits the actual K-1 paperwork (application).

$30K could very well be enough to sponsor himself alone instead of the USC completing the I-134 affidavit of support, if that $30 is all cash.

The $30K will not be enough when it comes to the I-864 affidavit of support needed for the AOS stage.

This is for the I-864 at the AOS stage. The USC must show income of that amount, and if she does not, she can use assets at 3x the amount needed in income.

It's not that the USC is "helping" to meet this. The USC is the sponsor. It's the UKC who would be "helping" to meet the I-864 requirement by using assets at 3x the amount needed in income.

Rene

tcpls11

Many thanks to all wgo have replied.

Noorah101, The $30k i mentioned is a very low estiamte of what I would have in cash, with the sale of my UK home and the other figure, the total sum would be in the $85k - $90k range, do you think this would suffice to sponsor myself as my girlfriend is currently in her final year at nursing college and therefore has no income until she starts work.

Thanks again.

ian-mstm

It should be sufficient. The final say so, however, is made by the ConOff... and, for whatever reason, he may determine it is insufficient. I don't think that'll happen, but you never know!

Ian

Noorah101

I agree with Ian.

Rene

meauxna

Here's the financial info you need for the visa application: Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

This is the Affidavit your then-spouse will need to complete for your Permanent Residence application: http://www.uscis.gov/files/form/i-864.pdf

tcpls11

Thank you Meauxna,
That thread was really useful, especially the link to 'Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law'.
One thing which i am still a bit unsure of, I have ready many posts and seen websites where to be ok with your own funds you need to proove you have at least $18k per year (2 people 125% above the poverty line) but what I cant seem to find out is for how long is this applicable, does anyone know for how long the United States Citizenship and Immigration Services would like you to be self sufficiant for ($18k for how many years?)???
Thanks again.

tcpls11

Thats great, very helpful Meauxna, thank you.

I have gone through the forms and the site provided and one query has arisen, the way Im reading the i-864 form, it mentions that we would need to be 5 times above the poverty level but only 3 times above this level if I am already classed as a spouse (married to my girlfriend), at the bottom of page 5.

Is this correct?

I have just discussed this with my girlfriend and we may go for the other option of us marrying, me returning home to the UK and to start the procedings of coming to the US on a K3 visa, this way we wouldnt need as much capital to live on.

Any thoughts or suggestions on this route would be really helpful.

Thank you.

Noorah101

For as long as it takes the ConOff to approve your K-1 visa.

Once you come to the USA, get married, and file AOS, you'll need a different Affidavit of Support. It's the I-864, and it has stricter guidelines than the I-134.

Rene

Noorah101

Not quite. The 3x vs. 5x comes into play if you're using assets instead of income to meet the I-864 financial requirements. The income only needs to be at the 125% shown on the I-864P (poverty guidelines).

If you DO use assets to meet the I-864 requirements after you get married, those assets need to be in the amount of 3x what you would have needed in income.

The 5x relates to a joint sponsor using assets.

You'd need the same amount of capital to live on, whichever visa route you choose. Also, you should not go the K-3 route. It's a non-immigrant visa which is just a longer path to the same result (green card). If you truly want to marry and immigrate on a spouse visa, just stick with the CR-1 Immigrant Visa process...never mind the K-3.

Be aware that if you choose the Immigrant Visa route (as a spouse), the I-864 will still be due at some point, and there is no more I-134 in the scenario. So make sure your wife either earns enough herself, or can get a joint sponsor for the I-864.

Rene

meauxna

Yes.

If you decide to marry, and then immigrate, suggest you substitute the Immigrant Visa (CR-1) for the K-3.
The K-3 is now obsolete for most situations.

I don't follow the thought of needing less capital to live on though; what do you mean by that?

This article breaks down some of the details about the different marriage based visas: http://britishexpats.com/wiki/Compar...ge-based_visas