sinloki

Is the K1 a DIY project, or is it most advisable to have an attorney file the paperwork?

Noorah101

It totally depends on you circumstances, whether you have anything in your past (such as an arrest or previous overstay), whether you are good at filling out forms, keeping track of things, detail oriented, etc.

Many of us on here did it ourselves without a lawyer. Many of us on here used a lawyer. It all depends on your comfort level.

Rene

sinloki

Ok. Thank you for the information. Do you by any chance know if it is a time-consuming process? While I'm detail-oriented and don't have a problem keeping track of things, I am very short on available time. I also suck at filling out forms - I over think everything. Perhaps I should just hire an attorney.

Noorah101

I initially hired an attorney to do my fiance's K-1. After I saw what she did (filed the I-129F petition), and after reading this forum, I realized I could easily do this on my own, we had no skeletons in the closet, and it was very straightforward. I quit using the lawyer and did the rest on my own.

For now, all YOU need to do is fill out an I-129F, G-325A, write a statement of intent, and gather whatever evidence and backup paperwork you need to submit with the I-129F. The instructions are very clear, and it will just take time to gather the evidence and get the items from your fiance that you need to include with the I-129F. After that, the rest is up to the UKC, he will receive a packet of forms for his K-1 visa application, he'll need to do a medical and get a police report, and attend an interview in London. This whole process takes about 8 to 10 months. He must marry you within 90 days of his arrival in the USA on his K-1 visa, and then there are more forms to complete to adjust his status to permanent resident...but at least you are together for that.

We can help you with the forms and such here, too.

Best Wishes,
Rene

Noorah101

By the way, the forms and instructions are at www.uscis.gov, Immigration Forms. Look for the I-129F, G-325A, and you might also need to do an I-134 Affidavit of Support. The income guidelines are on form I-864P.

Rene

Elvira

Just wanted to ask: are you definitely sure you want to go the K1 route, rather than the 'marriage first + CR1' route?

If you are able to get married in the next couple of months or so, it won't take much longer than the K1, but you wouldn't have to faff around with Adjustment of Status - he'd be a Permanent Resident from the moment he enters the US.

sinloki

Hmm. That is a very good point. It would be nice not to have to mess around with the adjustment of status stuff, but our primary concern is expediency. We want to limit the amount of time that we have to spend apart... again.

sinloki

Thank you, Rene.

Noorah101

If your ultimate goal is to be together ASAP, then the K-1 is faster...simply because you can start it now, rather than waiting until you see each other again to get married and start the Immigrant Visa process. Otherwise, both the K-1 and the Immigrant Visa take around 8 to 10 months to process.

As long as you've seen each other in person within the past 2 years, you are good to go to start the K-1.

Rene

sinloki

I was just looking over the income requirements on form I-864P. There's no way I'll even come close to meeting that - I've decided to go back to University and am now a full-time student. Not exactly a bread-winning choice for the time being. My partner will not have a problem meeting the income requirements, though. However, my understanding is that it states that we can only include his income if he is currently living in my residence? Which obviously he isn't which is why we're filing a k1. Does this mean that we need to get married and apply for the CR1 instead so that our combined assets can be used?

Noorah101

In order to use combined assets you would need to be married, yes...and you can do that for the real I-864 Affidavit of Support which goes along with the AOS later on.

If he has sufficient assets or savings, and he is going through London, he can probably self-sponsor for the I-134. Or, you can use a joint sponsor - any USC or PR age 18 or over, living in the USA, can be a joint sponsor. They have to meet the income or asset requirements for their own household size plus the immigrant.

There are ways of working with what you have for the I-134, so don't let your lack of income force you to marry and do the Immigrant Visa, if that's not the way you want to go.

Rene

sinloki

That's a bit relieving. Do you by any chance know how I find out information about self-sponsoring for the I-134? And I think he'll be going through the Embassy in Copenhagen not London. Does that matter?

Noorah101

I'm not sure if there is anything formally published about self-sponsoring on the K-1. I just know from other people's experiences on this forum, that UKC's were allowed to show their own savings or assets to overcome the I-134 requirement at the K-1 interview. I don't recall hearing about anyone who has done that at an embassy other than London.

You might want to have an I-134 from a joint sponsor handy just in case he can't self sponsor. He can try it, and if they say no, he can just hand over the joint sponsor's I-134. Would be worth a try, anyway. The joint sponsor's I-134 becomes null and void anyway when he does AOS, and will be replaced by the I-864.

Rene

Folinskyinla

Hi:

To use a lawyer or not is your choice. A very good lawyer who has very reasonable charges is Matt Udall in Sacramento.

On the part of being apart, I like to remind people that US law does not prohibit the US citizen from staying abroad. I am cognizant of the fact that many AmCits must return for personal and financial reasons, but sometimes that may not be true -- and there is then a reaction "I had not thought of that!"

Good luck.

sinloki

Ok. Thank you.