minniemouse

Hi there,
I am English and currently waiting for approval for my I129F petition so that I can move over to the states with my american fiance. Following months of unhelpful phone calls with visa helplines I have just realised that these forums are the way to get decent advice. I am trying to find out how long the whole procedure will take after my I129F petition is approved. I realise that there are medicals which will need to be done closer to the time but would anyone advise that I send off for my police check now to get the ball rolling? If so is there a particular type of police check that I will need and can anyone suggest where to apply?
I have also just found out about the I134 form and that I will need financial sponsorship for the K1 visa. My fiance is on leave from his job in america and has been living in england with me for a few months while we wait for the visa, so has not had an income during these months. does this mean that he will not be eligable to sponsor me? what sort of wage is considered to be 'sufficient' to sponsor me? Do I need to find an additional sponsor as he has not been earning in these past months? My fiance has his job waiting for him in america which he can return to as soon as we can move there together, would a letter from his employer confirming this help with the I134?

Also we have paid our $455 for the I129F petition, what further costs should we expect to pay from now on regarding my fiance visa?

Any advice or information that anyone can give me on this matter would be really appreciated. It would be great to speak to people that have been through or are going through the same thing.

Tracym

Hi and welcome. I'm the yank, my husband came here from Scotland this year on a fiance visa.

The I-129f typically takes 3 months or more.
You then need to apply for a K-1 visa - again 3 months or more.

It would be a good idea to get your police report now. I believe you go to your local police station - someone else can probably give you more details.

Did your fiance file tax returns the past few years? And will he return to his job? If so, I don't think it will be a problem. If it is just the two of you (no children), he must earn $17,500 per year.

The visa fee itself is low - $100-$150. The medical is somewhat expensive though. Knightsbridge Doctors in London do the medical - I believe the prices are on their website. You will need a basic exam, xray, and blood test.

Realize, one you get the visa, you come to the US and get married. Then, you have to apply for adjustment of status to a permanent resident - that's $1010 I believe.

minniemouse

thank you so much for getting back to me so quickly, i really appreciate your advice. it's so refreshing to speak to someone who has actually been through all of this and knows what they're talking about.

thanks again

scrubbedexpat099

You can self sponsor a K1 in London.

My process took 11 months but they seem to have speeded up a bit, you can also look on www.visajourney.com.

Tracym

You're welcome

As far as sponsorship, yes, if you have a bunch of savings you can self-sponsor the K-1.

However, after you marry and apply for adjustment of status, your husband MUST be your sponsor then - see form I-864. There, while your assets can be used also, you'd need around $52,000 - and that is not a guarantee that they would accept that. I have been told that they tend to look at income as well.

If your husband doesn't earn enough, and you don't have enough assets, you must get a co-sponsor (any other USC). If you are working by then, it is possible that your income could be considered also.

Anyway, none of this matters if your husband earns over $17,500 and you have no children. (figure is slightly higher for Alaska Hawaii)

minniemouse

What does a self sponsor involve? Would I need a lot of money in the bank for that? I am not planning on working straight away when I move to America as I have heard it takes a long time to get a greencard after I marry my fiance, so he will be our only income until all of that is sorted out.

thank you for your reply

Noorah101

The amount needed to self-sponsor is not a fixed amount, it's at the discretion of the officer at your interview. If you have a couple of thousand in savings, you might be OK.

When you get to the USA, you'll file for your adjustment of status to permanent resident (AOS). Part of this application includes form I-765 to obtain an employment authorization document (EAD). It takes about 90 days to get the EAD in hand. So you will be able to work even before you have your green card in hand.

Rene

meauxna

I need to chime in with my pet peeve because I think it will be helpful.

There is no such animal as a "co-sponsor". The I-864 specifically allows for a "Joint Sponsor" or a "Sponsor".

This explains why people find nothing when they search official sites for information on their 'co-sponsor'.

Thank you, that is all.

Tracym

The thing is - I believe trying to self-sponsor for the K-1 is pointless, in a way. Sure, you can possibly do it. The sponsorship for the K-1 isn't a legally binding thing anyway really.

But... as soon as you marry, and apply for the AOS, he MUST be your sponsor. And THAT is a legally binding contract with the govt.

So if he isn't making enough money, you will have to deal with the issue at the time of AOS anyway. You cannot sponsor yourself all the way through the process.

Tracym

Noted

minniemouse

thank you for all your help everyone.

Can i just check that after I get my K1 visa and enter the states with it in hand and after we get married that I will be allowed to then stay there? I don't know anything about this AOS application process because I haven't got that far in researching it all yet. Do I have to return to England after we are married while I wait for the permanent resident forms to be okayed or can I stay in america while it is all processing? And roughly how long does this AOS take usually?

thank you

minniemouse

oh and regarding the sponsorship / joint sponsorship issue for the I134. My fiance does earn over the $17,500 it it will be no problem for him to submit last years tax return but my concern is that since march he has been off work as he has been living here in england with me and I have been supporting us on my wage since he has been here. So if they are interested in tax years (april to april) then this tax year so far my fiance has not earnt a penny. It will be no problem to get a letter from his employer stating that he his job waiting for him back in the states though, do you think that would be sufficient? Is this something I need to go through during my interview at the US London embassy or will that hold everything up if I haven't sorted it all out by then?
If not I could have my fiance's husband sponsor me who is in full time employment. If my fiance will need to sponsor me after we are married though then perhaps it is better to try and work out having him as my sponsor now?

chrisandjulie

I'm in a simliar situation, can i get this straight, as soon as we marry and apply for AOS our partner must be our sponsor? What if they don't fulfil the fiancial requirements, could her borther sponsor me who would fill them?

Tracym

After you get married, you can stay in the US, you do not have to return home. In fact, until you have a document called Advance Parole (which will arrive about 2-3 months after you apply for AOS) you cannot leave the US without abandoning your application. So you need to plan to stay put for a few months after your marriage.

AOS can go quickly - as fast as 3 months. But it usually doesn't - you should allow 6 months to a year at a guess. During that time, you are in the country legally, but are not yet a permanent resident.

There is, of course, the possibility you could be turned down. But as long as you don't commit crimes, have a legimate marriage, and financial bit is ok that you should be fine.

If your fiance made sufficient money (shown on his tax returns) and has a letter from his boss saying he is employed at that job and is only on a leave of absence, I would think it should be fine. I would just go with him as a sponsor for the K-1.

When you get to the stage of AOS, your fiance/husband must be your sponsor, even without sufficient earnings. So I would just have him do it for the K-1 - looks better to them anyway imo.

I presume you don't mean fiance's "husband" - father? brother? Well whoever, if they request for the K-1 or AOS a JOINT sponsor, that person can be a sponsor in addition to your fiance/husband.

I would suggest that you read the I-864 though - it is a binding contract, and does not end even if you divorce - make sure this other person realizes what they could be signing.

Although, it sounds to me like your fiance would probably be a sufficient sponsor.

Yes, your married partner MUST be your sponsor for AOS. If they do not make sufficient money, then a joint sponsor is needed in addition. As long as her brother is a US citizen living in the US, that's fine. He must make 125% of the poverty level for his household size (wife, kids, for ex.) plus you. So if he had a wife and 2 kids - it would be 125% of the poverty level for 5.

minniemouse

thank you for all of that info - and just to clear it up my fiance does not have a husband that would be very confusing, i did mean his father. as my fiance does not have any previous marriage or children to worry about it sounds like it should all be fairly straight forward then.
so thank you, all of that info has put my mind at rest. lets just hope all of the forms hurry up now so that we can finally get there and start our lives together.
oh and one more thing, this is looking to the future, i am not pregnant at the mo, but does anyone happen to know how we would ensure that our children will be able to have dual passports for the uk and the usa? after everything we've had to go through with my visa so far we want to make sure our kids have the option to live in either country for the future. would our children need to be born in england to have dual passports?

thank you