the_deep_end

Hi,

Although I’m sure my situation is not unique: I’ve searched the forums and still have a few questions on the K1 visa process. I’m probably going to put too much information down here but I thought it would be better than not enough!

In the latter half of last year I started planning to move to the states to be with my girlfriend (now fiancée), with a timescale of hopefully getting over October 2008/2009 on a H1-B visa. This would have allowed a year from now to find a company to sponsor me and make, at worst, the April 2009 application deadline for an October 2009 start, and at best an October 2008 start. It would also have allowed her to finish up at college and be ‘free’ to move out to wherever I could find work. I should maybe point out at his point that moving around too much was never an option as she has a four year old from a previous relationship. We found out about a month ago that we’re now expecting a baby in early October which has altered the timescales a little! Unfortunately I’ve wasted about three weeks holding back on the K1 visa application waiting for other avenues (H1-B discussed later!) to disappear where I should probably have been running things in parallel.

From what I can gather a pregnant USC and tales of failed birth control methods don’t cut any slack in the immigration process and so the K1 visa is the obvious choice here! I’ve very nearly completed the paperwork for initial submission but have a few questions:

1) The first one is probably going to make me look like an idiot !?!. I live in England (Lancashire) so my citizenship is with the UK. On questions 2 and 3a the I-129F when it asks for ‘state or country’ is this Lancashire or England or UK?

The next questions are mainly for confirmation: She earns around $20K per year while studying but this is hourly so proof of income (I think anyway) will go off the last few paystubs. If proof of income needs to be provided at an awkward time during the pregnancy, income may be calculated as being lower than 125% of the poverty level. To try and get round this I’m going to transfer my savings over to her account (around $40K which should also be enough to cover us until I get a work permit) which should top it up to being over the 125% level for the stated 5 year period:

2) I’ve read on this forum that if assets/savings need to be taken into account, the checks become much more rigorous, do the figures involved here raise any red flags for anyone? Would these funds be sufficient or should we be looking for a co-sponsor (she has a friend with one child and a $35K income who could help but I don’t want to do this unless absolutely necessary)

3) Would her being pregnant complicate matters further when financial support is being considered? (i.e. she’ll be taking maternity leave…)

There may be a very slim chance that I could find a H1-B visa sponsor for an October 2008 start, I’ve passed my resume on to contacts I’ve got in a couple of companies and am attending a conference in April where I’ve arranged for a relatively well connected contact on the organising committee to point me in the direction of the right people (this was actually arranged last year before timescales shifted!). I’ve also very recently applied for an academic position (assistant professor) which I believe is exempt from the H1-B visa cap. I’m very much (painfully!) aware that the deadline for H1-B visa applications is April 1st and that I’m very unlikely to find sponsorship and make this deadline (not the case – I think – for the academic position), especially as the conference is after this date! However, on the off chance of being in a position to be sponsored for a H1-B visa:

4) would having a submitted K1 application cause problems if a H1-B application was made afterwards (i.e. while the K1 was still being processed)?

5) if yes to the above, is it possible to cancel the K1 application to ‘make way’ for the H1B application?

6) Could one visa application being withdrawn and another submitted be viewed as suspicious by immigration officials?

Sorry for the length of the post and thank you if you’ve made it this far! I hope I haven’t asked too many things which have been covered.

Thanks in advance,

N

Tracym

Hi and welcome.

I don't know the answer to all of those questions, but re. 2 and 3a on the I-129F forms our lawyer put "Scotland/UK". So I presume yours would be "England/UK".

Others will come along and confirm (or not) this bit - but I believe you can use your own assets to self-sponsor - you may not need to transfer them to her. But, I'm not sure $40k will be enough. Again, someone will come along with the exact figure.

Re. the H1-B - be aware that there is a shortage of those visas - even if someone were to sponsor you, you'd have approximately a 1 in 3 chance of actually getting one.

The first part of the process is that she petitions for you (the I-129f). At that point, YOU have not applied for any visa. You do not apply for the visa until invited to do so, after the I-129F has been approved and forwarded to London (at least 3-4 months).

So while I doubt that it would matter anyway re. the H1B, you will not be applying for the K-1 visa untill well after the H1-B date - so it is a non-issue in any case.

the_deep_end

Hi Tracy,

Thank you very much for your fast response! It's certainly cleared a couple of things up - I just completed the I-129F for starters!

Thanks also for the reminder on the H1-B situation, I need to check again whether cap exemption on academic positions exists. I've never liked those odds!

Thanks again!

Tracym

You're welcome.

ian-mstm

There is no H-1B visa cap on academic positions. You are also allowed to have multiple visa applications in process at the same time, so the H-1B and the K-1 are not mutually exclusive... and one will not impact the other.

Ian

Folinskyinla

Hi:

Not stupid at all -- however, you have to look at the question from the viewpoint of the American who drafted the form -- Question 2 is based upon US addresses format which is Street Address, City, State [e.g. CA for California] then "ZIP code" [the US postal code]. Do note that US forms use "country" in the sense of political entity. In the UK, I know that England, Scotland, Wales, N. Ireland are referred to as "countries" -- but that is not American usage.

Fill out the questions in the sense of how the Consulate is going to mail any notice to you. Put in your normal mailing address even if it does not comply with US usage. You want the Royal Mail to be able to read it. If Lancashire or England would be in your normal address, then by all means use it. [BTW, sometimes it is necessary leave the electronic form blank and write the address by hand]. I know that my English clients outside of the big cities will put in the county in the "state" box. Often with big cites, the box is left blank. I've seen "Scotland" used, but rarely "England".

On question 3 -- the political entity giving your citizenship is the United Kingdom or Great Britain. Either one will do.

The financial stuff will come up later.

Noorah101

Hi N,

Just wanted to also point out that you may or may not get your K-1 visa by October 2008. While there's a good chance of it, you shouldn't pin your hopes on it. Think of October as a goal date...if you get it by then, wonderful! If you don't...don't be disappointed.

You can email the consulate in London and let them know how much cash you have when it gets closer to your interview date. They may say $40K is enough. If they do, your fiancee is off the hook for the I-134, but she will still need to qualify for the I-864 when it comes time for your AOS in the USA. It's good that she has a joint sponsor lined up just in case. The amount her friend needs to make should cover the friend's household (maybe 3...her, her husband, and her child, plus the immigrant...so she'd need to earn enough for a family of 4). The guidelines can be found at www.uscis.gov, Immigration Forms, I-864P. These amounts will most likely go up by the time you do your K-1 interview and AOS, so check again closer to those dates.

Best Wishes,
Rene

Rene

Noorah101

Hi N,

It's nice you're filling out the I-129F to help out, just remember it's your fiancee who needs to sign it and mail it, along with the other things in the I-129F package.

You DO need to fill out a G-325A (available at www.uscis.gov), and you also need to send your fiancee a statement of intent (basically saying that you are free to marry and intend to do so within 90 days of your arrival).

Check the I-129F instructions (available at www.uscis.gov) to see what else you might need to send her so she can submit the package.

Rene

the_deep_end

Thank you so much for the help everyone. It's VERY much appreciated!

Novak