Mint Julep

Hi again folks, Sorry I keep thinking of things that I need to know but having trawled this site I'm afraid I have to ask the (i'm sure) age old question. I understand from this site that my SO in the US who downloaded the I-129F form only has to send this in for the moment and then either he or I are notified as to what is needed next ? and that the Affidavit of support is only required later on in the process.? Perhaps there a link somewhere that someone can send me to clarify everything. thanks again folks.

ian-mstm

There is a link... and it's on the main page of this forum. http://britishexpats.com/wiki/K1.

Ian

Noorah101

The USC files the I-129F now (along with any other documents and evidence required...read the I-129F instructions).

The I-134 Affidavit of Support (and supporting backup) is not needed until you (the UKC) go to you K-1 visa interview in London.

Rene

Mint Julep

Thanks Rene and Ian, I would like to hope that if I were the USC and doing the paperwork it would be better, (being female and all) but we'll get there, especially with folks like you around, you've both helped a great deal, thank you for your time

Mint Julep

Hi again Guys, this post has raised yet another question I hope you can help me with. Our situation is requiring a joint sponsor, who is very eligible and agreeable, however, am I going to have to ask him to hand over to me these very private financial details when the time comes for my interview, as I'm not sure he will want to do that ? And if he doesn't well, we're right up the Swanee ! I read somewhere that if you (meaning me)had enough money in the bank, it could be sufficient. Please help again

Noorah101

If you (the UKC, intending immigrant), have enough savings in the bank, you might be able to "self-sponsor" for the I-134 requirements. There is no set dollar (or pound) amount that you need, it's up to the discretion of the ConOff.

These days, ConOffs are seeming to be more picky about affidavit of support requirements, so unless your savings is pretty significant, I'd say stick with the joint sponsor anyway, even just as a backup.

The joint sponsor will need to provide the following (in addition to the I-134 form):
1. Proof of his US citizenship or PR status
2. Proof of his income (pay stubs)
3. Letter from employer verifying his employment
4. Most recent 3 years of tax returns or tax transcripts

The joint sponsor can give these to you in a sealed envelope, which you can just hand over to the ConOff. You never need to see the actual documents, as long as you trust him that they are all there and meet the required income amount.

Edit to add: Once you arrive in the USA and do your AOS, there is a new Affidavit of Support for to be used, Form I-864. This one is more stringent, and if the USC by that time does not earn enough, you'll need to use a Joint Sponsor again (same backup information to be provided, but current).

Rene

jeffreyhy

MJ,

Your sponsor can give you his sponsorship package in a sealed envelope that you can turn over to the consular officer, contents unseen. Or, he can mail the package direct to the consulate.


If you have enough money in the bank you will not need a sponsor. Non-immigrant visas require a sponsor only if the visa applicant does not have enough financial resources of their own. The big question is, how much is enough?

Down the road, as Rene points out, you will be immigrating and sponsorship for adjustment of status is required and is a bit different

Regards, JEff

Mint Julep

Once again thanks to all for their replies. Now is there somewhere I could at least get a ball-park figure on how much money one would need, and let me get this right, the K-1Visa is a non-immigrant visa which one adjusts to immigrant status after marriage ? and the spousal visa (if we should decide to marry in the UK) is an immigrant Visa ? and does it come with a lot less hassle..? like only having to do everything once ? As we still have the option to do it either way. I am still searching all posts on the forum for answers and I hope I'm not being too thick:

jeffreyhy

MJ,

Yes.

Spousal visas come in two flavors - an immigrant flavor, often referred to as IR-1 or CR-1 depending in the age of the marriage, and a non-immigrant flavor known as K-3. To avoid blowing your mind forget that I've mentioned the K-3.

I think most people would say that overall, start to finish, the immigrant visa is less hassle than a K visa with adjustment of status.

Regards, JEff

ian-mstm

I agree.

Ian

Noorah101

I agree. The Immigrant Visa only does things "once", because as soon as the Immigrant Visa holder enters the USA with that visa, they become a PR right away, with no further paperwork to get the green card.

And Mint, the form you want to look at for the income guidelines is I-864P. You can find it at www.uscis.gov, Immigration Forms, I-864P. You'll need to look at the 125% column for the appropriate family size.

Rene

meauxna

If you can manage the time apart, the immigrant visa (spouse visa.. NOT K-3) is far superior.
At arrival, he becomes a Permanent Resident & full fledged member of society.
Ks spend a lot of time hunting down temporary documentation.

Especially as it's the UK, IVs are comparatively fast.

Mint Julep

Well it would seem that the Marriage based Spouse Visa wins hands down then, I think that just about covers it for now,lets hope it will be a bit shorter than 8-10 months I've been quoted ! And just to re-iterate, we can file from the Uk after the marriage..?

thanks to everyone for your esteemed advice, wish we could invite y'all to the Uk for the nuptials. You've been great

meauxna

ummm... how exactly do you mean?

After you are married, the USC can petition to start the Immigrant Visa application. If the USC is normally resident in the US, s/he files the I-130 to a US Service Center.
That petition can be mailed from anywhere in the world.

"file from the UK" often has a specific meaning for people who live in the UK.

Mint Julep

Ok I see what you mean, sorry I suppose I was asking if we could file to the embassy in London, but looking at other posts I understand that my US, then husband would have to be residing here to do that. If that is true and possible, my next question then is..is there a specific period of time he would have to be living here in the UK ? as he is a dual citizen that wouldn't be a problem, and would it make any difference, if indeed we had a choice, if I married him as a US or a British citizen, is there a distinction..? would it be easier and more straightforward one way or another.?I'd be very interested to see if this subject has been raised before anywhere. Thanks again all