British Expats

British Expats (https://britishexpats.com/forum/)
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-   -   K-1 advice (https://britishexpats.com/forum/marriage-based-visas-35/k-1-advice-874014/)

Gary.S Mar 8th 2016 4:02 pm

K-1 advice
 
Hi,

I am all new to these types of forums and have looked around some and got a little confused.

Basically, I would like to ensure I understand what i'm doing and how long things could take, we have time but I like to know i'm prepared and know what to expect and can slowly work towards it.

I read that it would require meeting at least once within 2 years, this wouldn't be a problem, when I wish to go for the K-1 visa, is this something entirely down to my partner to apply for, what would I have to do in regards to this, I understand something about a medical etc for me would be required, again not sure on details, which is why i'm seeking advice.

Am I required to have X amount of funds on me when I would actually enter USA on said visa, is there anything I haven't thought to mention/ask that I should have included?.

One more thing, when visiting on the VWP to spend time together for the meet which would be required before the K-1 application, is there a minimum required amount of funds needed or is this unspecific? Is there a recommended amount?.

This might seem long winded to some, but tried to cover all areas I could thing of.

Regards,

Gary

Noorah101 Mar 9th 2016 12:30 am

Re: K-1 advice
 
I suggest reading our Wiki Guide for answers to the basic questions.

There will never be any inquiry regarding your own funds or income. All of that is on the USC side.

Rene

ian-mstm Mar 9th 2016 12:56 am

Re: K-1 advice
 

Originally Posted by Gary.S (Post 11890252)
I read that it would require meeting at least once within 2 years, this wouldn't be a problem...

It sounds as though you haven't yet met. The requirement is that you have met, face to face, at least once during the previous 2 years.



... when I wish to go for the K-1 visa, is this something entirely down to my partner to apply for, what would I have to do in regards to this...
Immigration is a 2-step process. First, the USC fiancée starts the process by filing an I-129F petition. The petition establishes the relationship between a USC and a non-USC. Once the petition is approved, you will then be invited to apply for the visa. That's the second step. Both steps take about 4-5 months, so the entire process takes about 8-10 months.



I understand something about a medical etc for me would be required, again not sure on details, which is why i'm seeking advice.
You will be required to have a medical, yes. You will also need to apply for an ACRO certificate. As Rene suggested, read our wiki. It answers most of your basic questions.



Am I required to have X amount of funds on me when I would actually enter USA on said visa...
No. Your finances are irrelevant.



... is there a minimum required amount of funds needed or is this unspecific? Is there a recommended amount?
Like all visitors to the US, you will be expected to have sufficient funds for your trip. There is no specific amount... but, so long as you have a credit card, it won't matter. It's highly unlikely that you'll even be asked about it.

Ian

Pulaski Mar 9th 2016 1:26 am

Re: K-1 advice
 

Originally Posted by ian-mstm (Post 11890545)
.... No. Your finances are irrelevant. ....

But there are income and/or savings requirements for the USC sponsor, and the OP should budget £2,000 for various fees related to the visa process, including the medical.

Gary.S Mar 9th 2016 8:31 am

Re: K-1 advice
 
thanks, for the information, if the need arose, is there any savings that could be brought into it from my end towards the part of the USC sponsor?

Noorah101 Mar 9th 2016 8:39 am

Re: K-1 advice
 

Originally Posted by Gary.S (Post 11890996)
thanks, for the information, if the need arose, is there any savings that could be brought into it from my end towards the part of the USC sponsor?

No. Your savings cannot be combined with the sponsor's on the I-134.

If you, all on your own, have enough cash savings, it's possible to "self-sponsor", without using an I-134. There is no particular dollar amount required, it will be up to the officer at the interview to determine if what you have is "enough". As a ballpark figure, you could go by 3x the required income amount on the I-864P, but that's not set in stone for the I-134.

Rene

Gary.S Mar 9th 2016 8:50 am

Re: K-1 advice
 
so the figure stated on the form is more so a guide and could still be accepted when under that amount?

Noorah101 Mar 9th 2016 8:56 am

Re: K-1 advice
 

Originally Posted by Gary.S (Post 11891012)
so the figure stated on the form is more so a guide and could still be accepted when under that amount?

For the I-134, yes.

For the I-864, when it comes time to adjust your status in the USA, the I-864P figures will be enforced.

Rene

Gary.S Mar 9th 2016 9:13 am

Re: K-1 advice
 
ok, so if i understand right, if under, it would be ok, however to be able to get the GC, i'd have to be working to ensure we make the income bracket when it comes to filing the I-864

Noorah101 Mar 9th 2016 9:23 am

Re: K-1 advice
 

Originally Posted by Gary.S (Post 11891032)
ok, so if i understand right, if under, it would be ok, however to be able to get the GC, i'd have to be working to ensure we make the income bracket when it comes to filing the I-864

No. You don't have to be working in order to file the I-864. In fact, you won't even have work authorization at that time, so most likely won't even be working.

All the financial obligation falls on the USC. If the USC doesn't earn enough, or have enough in assets, a joint sponsor can be used for the I-864.

Rene

Gary.S Mar 9th 2016 9:26 am

Re: K-1 advice
 
from what i was reading, i could apply to work with the K-1 process, enabling me to work once i get there, then apply for an extension with filing the I-864, so i'd have assumed if working my income could be used being it's a joint application

Noorah101 Mar 9th 2016 9:32 am

Re: K-1 advice
 
Ah. The problem is, it takes 60 to 90 days to get the EAD (employment authorization document) in hand. And that first EAD expires on your 90th day in the USA, thus making it pretty useless.

Most K-1-ers are unemployed their first several months in the USA, until they have the 1-year EAD in hand, which comes 60 to 90 days after filing AOS.

Rene

Pulaski Mar 9th 2016 10:18 am

Re: K-1 advice
 

Originally Posted by Gary.S (Post 11891044)
from what i was reading, i could apply to work with the K-1 process, enabling me to work once i get there, then apply for an extension with filing the I-864, so i'd have assumed if working my income could be used being it's a joint application


Originally Posted by Noorah101 (Post 11891048)
Ah. The problem is, it takes 60 to 90 days to get the EAD (employment authorization document) in hand. And that first EAD expires on your 90th day in the USA, this making it pretty useless.

Most K-1-ers are unemployed their first several months in the USA, until they have the 1-year EAD in hand, which comes 60 to 90 days after filing AOS. .....

Which is why some of us recommend the CR-1 route - get married, return home, then apply for a spouse visa. You carry on working while the CR-1 is processed, and you are automatically authorized to work the moment you clear immigration on arrival in the US - you could literally report for work right there in the airport if you had a job to go to. :)

Gary.S Mar 9th 2016 10:23 am

Re: K-1 advice
 
that seems like it would mess things up, if can get permission to work while on the K-1 and get a job, then when filing the I-864 you file the other for an extension and it's not done quickly as it would basically mean giving up the job again while waiting for permission to work

Gary.S Mar 9th 2016 10:26 am

Re: K-1 advice
 

Originally Posted by Pulaski (Post 11891054)
Which is why some of us recommend the CR-1 route - get married, return home, then apply for a spouse visa. You carry on working while the CR-1 is processed, and you are automatically authorized to work the moment you clear immigration on arrival in the US - you could literally report for work right there in the airport if you had a job to go to. :)

This wouldn't work though as i'd be the one to visit, then i'd go back there again, so would make sense to go the K-1 route, i was just thinking of ways that could help, but wouldn't really matter to be working quick if it would make no difference in regard to the supporting income.


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