Callie

It's great to see a board like this online. I'm really open to
suggestions here, as it's something of a complicated situation

Any help would be appreciated.

As a U.S. citizen, I applied on behalf of my Costa Rican fianc�e for
the I-129 visa and the local embassy has him completing what must be
the usual part of the deal (medical exam, various certificates, my
affadvit of suppoert, etc.) prior to scheduling the interview.

Our original plan was to have a civil marriage in the U.S. to comply
with the 90-day requisite and then return to Costa Rica for a
religious-based ceremony.

However, I happen to be in San Jos� until March due to unforeseen
circumstances. We'd like to go ahead with a church wedding here as
soon as possible while I'm actually in the country rather than
returning.

Is there any way to "roll over" or adjust the current I-129 process
into the I-130? How much more difficult is applying as a married
couple rather than as fiancees?

I'd like to bring my then husband back to the States with me after the
ceremony in March. He has a tourist visa currently. Would that be
possible?

On this affadvit of support, how much money are they really looking for
with this? We're both college students with part-time jobs. My fiancee
recently graduated, but he'd like to take a Master's degree in the
States if possible while working at the same time.

Any advice?????????????????????

Thank you in advance.

jeffreyhy

Callie,

I-29 visa? There's and I-129 petition, used to petition for an alien worker ....

I suspect that you mean you've submitted an I-129f petition for an alien fiance? And now you wish to marry before that petition has been approved, or if it is approved before your fiance applies for and receives a K1 visa?

My wife and I went through something like that - I petitioned for her as a fiancee and then, when I was visiting her, we decided to get married. After the marriage I wrote to the USCIS Service Center and told them that I was withdrawing the I-129f petition since I and my beneficiary had married. Then I submitted an I-130 petition for an alien spouse.

Regards, JEff

Noorah101

No, once you marry, you can't use the I-129F petition or the K-1 visa anymore. You will be starting over using an I-130 petition.

This is a good question for a competent immigration attorney. There are potential problems with what you suggest.

They are looking for the USC to earn (or show assets) equal to 125% of the minimum poverty guidelines. I'll look up the link and post it for you. If you, the USC, do not meet the requirements, you will need a joint sponsor. Some embassies (like London) allow the K-1 applicant to self-sponsor on the I-134, but you'll have to check if Costa Rica works that way. My guess is probably not. Also, if you decide to get married and use the I-864 Affidavit of Support instead, then I believe the alien cannot self-sponsor.

Best Wishes,
Rene

Noorah101

Here's the poverty guideline link: http://www.nilc.org/immlawpolicy/pubchg/pubchg008.htm

Rene

Callie

Thank you to everyone who has replied and for the poverty line link.
How does one go about applying with a co-sponsor?

Yes, Jeff, the I-I129f is what we've applied for. How did it go for
you and your wife with the I-130? Was she able to be with you during
that time in the States?

Thank you again.

Callie

Noorah101

The joint sponsor will fill out his own I-864 and provide his own required backup, which you will turn in along with yours.

Rene

jeffreyhy

Callie,

The rest of the story is that after submitting I-130 I also submitted I-129f for spouse. That was approved, and she applied for and received a K3 visa. That took about 6 months, and with the K3 visa she was able to join me in the USA. Once here, she adjusted status rather than apply for an immigrant visa.

Regards, JEff