jeffreyhy

You can't apply for a K1 visa and it's extremenly unlikely that you'll be applying for a K3 visa.

Regards, JEff

gnasher12

But you are not applying for a K-1 or K-3 Visa??? I would have thought you would be applying for the IR-1 visa because you have been married for over two years?

Noorah101

You are quoting material regarding a NON-immigrant visa (K-1 and K-3). The criteria for meeting financial requirements are different.

You will be applying for an Immigrant Visa, and your wife must file form I-864.

The material you quoted does not apply to you.

Rene

meauxna

As gnasher & JEff point out, you aren't applying for a K visa, which has different financial requirements than the Immigrant Visa (IR-1). So that is a red herring.
Your choices are:
Have a US income (or an income that continues from abroad) at roughly $19K/year or more.

Use your personal assets at a rate of $55K

A combination of the above 2 (if salary is less than 19K)

A Joint Sponsor. This is a US citizen or PR who will sign the contract I-864 promising that you (the immigrant) will not become a public charge and that if you do become one, they will repay the moneys you use, if requested.

People filing from overseas, like JEff and I did, face different challenges than other petitioners. If you are unwilling/unable to use family support, you make a different set of choices.
I would suggest though, that you don't sound much like you want to make the move. Experience tells me that can make the whole thing very difficult for both you and your wife.

Noorah101

He will be applying for an Immigrant Visa, period, because he is married. Whether he gets a CR-1 or IR-1 class depends on the length of his marriage...but it's still an Immigrant Visa.

IOW he's not getting a K-1 or a K-3, you are correct.

Rene

ian-mstm

He sounds a lot like my dad. Sadly, emotional abuse runs rampant in many families. Fortunately, my dad died almost 5 years ago so I'm finally rid of him. I stopped the cycle of abuse by deliberately never having any children of my own.

If her father is an abuser, he will never change... so I question why she wants to deliberately subject herself to that abuse! If I may be so bold (if I haven't been bold enough already), I suggest you both stay where you are until after a few more years go by... if you know what I mean!

Ian

7.33pm

Ok, so I am getting all these different forms mixed up, and struggling to find info related to what I need.

Can anyone point me towards financial support info that relates to our case.

Re her dad sponsoring me - never going to happen. He is tighter than a ducks a##, and I would be in his debt, a debt that would require blood payments on a regular basis.

As for not wanting to make the move - I guess it is just so complicated, we have already spoken with two different attorneys based in the usa - bot charged for the consultation, and both said different things.

1/ come here and apply for change of status.

2/ go the route we are discussing- which really is an unnecessary pain in the ass.

Noorah101

Yes. Go to www.uscis.gov, Forms, and look at the I-864 and I-864P. Those are the two forms that go hand in hand for the sponsorship.

It is illegal to come to the USA as a visitor with the intent to remain and adjust status. USCIS is cracking down on people who do this, so I don't recommend it. Don't listen to this lawyer.

This is the route you need to go. If it's unnecessary, why are you doing it? It sounds like you'll be a lot happier and less stressed staying in your home country.

Rene

Noorah101

The joint sponsor does not have to be a family member. It can be anyone who is a USC or US PR, living in the USA, who earns enough for their own household size plus the immigrant. It can be a friend, a more distant family member, anyone. Don't limit your thinking to only her dad.

Rene

gnasher12

1 - sorry do not go there and change status, who ever said this is a moron, you are in the U.K, and lucky your wife is eligible for DCF which is faster than the normal route, because it by passes the US, and you go straight to the US consulate with all your forms etc. should take 3-5 months start to finish, if all goes well.
and I'm pretty sure it's illegal to just go there, and then stay, or everyone would do this, what ever attorney told you that nonsense is wrong, in fact I was told the same thing by a company i called about this. I mean people do it, but it's high risk.

2 - Unless you have criminal convictions, anything that might hinder your case of getting a visa, don't waste your time and money on attorneys you don't need it, just research and use websites like this one for help


so many things are wrong with your statement, the pain in the ass would be if you went there and tried to change status, it would be more paperwork, more money, take 3 times as long, and it's illegal. you will still have to proove financial requirements even if in the US, your spouse HAS to file a 1-864.

doing it the right way, by DCF in the u.k is the quickest, cheapest, best and only route you have.

meauxna

Wow, you are impatient too.

Option 1 is illegal.
Option 2 is therefore NOT an unnecessary PITA.

The route of applying for an immigrant visa prior to immigrating is laid out here: http://britishexpats.com/wiki/DCF_I-...led_In_London_
The financial information is in there but I'm not going to copy it out to the posts. You've already been (generously) given the numbers. Someone who has already had 2 lawyer conversations should also be able to see what terms to google to find the info.

What we can provide is a fuller discussion of all the things that go on around those numbers, because we have all lived it already.

Even if you come over illegally and lie at the border or whatever you think is going to happen, you still have to have the finances discussed above.


Ian, respectfully, that might be a bit of projection combined with extra strong language.

7.33pm

You hit the nail on the head - its actually far more complicated than that, but as her dad isolates himself more and more, my wife and her mothers relationship becomes more important, essential I guess, and they miss each other so much. We live a pretty simple life, a life that we love, and moving to the USA will completely change that, but hopefully we can make it work.

What does the joint sponsor have to do, do they have to submit their earnings and savings info, which may be thought of as sensitive - ie they may not want us to know?

Noorah101

It's all in the I-864 instructions, but yes, the joint sponsor must submit the following:

I-864 form.
Proof of income, usually in the form of a letter from the employer and a few recent pay stubs.
If using assets, proof of the value of the assets.
At least the most recent tax return (sometimes the most recent 3 years is required if the ConOff wants to see them, so best to have them just in case).
Proof of US citizenship or PR status (i.e., copy of birth certificate, passport, or green card).

The thing is, though, the joint sponsor can send you all this information in a sealed envelope and you don't have to open it. You can take the sealed envelope to the interview and let the ConOff open it. I believe the joint sponsor MIGHT be able to send their I-864 package directly to the consulate, once you have a case number...BUT...that's a risk because it could get misplaced over there or not get to your ConOff by the time you're having your interview. It's best if they can send it to you and you bring it to the interview. But again, you don't have to actually see their personal information. You just have to take their word for it that they qualify to be a joint sponsor. If you don't review their I-864 package ahead of time to make sure they qualify, then the ConOff might be making that determination, and can request further evidence. You won't get denied the visa, but will just be asked to send in more evidence (the ConOff will tell you what she wants), and then they can approve the visa once they have what they need.

Rene

7.33pm

Thanks for the info guys, I am reading through this now...

http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

Noorah101

Rene