Necromantic Hussy - De Los Tejones

Hi

I want to apply for a K1 visa. I have a couple of questions The plan is
to apply for the K1 visa and get married in the US. However, I have some
debts here that I need to take care of. The ideal plan would be to apply for
the K1 and marry. While i'm in the US: I would pay off my debts when I get a
job and she pay them until such a time. Hopefully not very long. That way we
would not have to wait the long time for me to pay off debts and then on top
of that the time to apply for the visa.

So my questions are this: With the K1 visa, would the fact I have debts here
be a factor in deciding to grant the visa? Can I work once I am in the US
under the K1 and/or married? I hope it's no and yes! I don't think we can
stand to be apart for too much longer. We have known each other for comming
up 6 years now. Well, wish me luck and thanks for the help

Best Regards
Martin

--
"Hello. My name is Inigo Montoya. You killed my father. Prepare to
." - Princess Bride.

quigabyte

In total in took me about a year to get my K1-F approved, doesn't quite meet up to the 90days they claim huh!

Anyway lets see if I can help you.

If she meets 125% of the US poverty line (for 2 people) then you can use her as a financial sponsor and need not mention your own finances. According to the Department for Homeland Security the 2003 poverty level for 2 people (as of I-864P) is $12,120, so 125% of that would be $15,150.

If she does not meet this you can initially have someone else be a joint sponsor as long as they meet 125% of the poverty line for their dependents plus you. So if it is her mother (married) and she has 2 kids (including your fiancée) that would be 4 +1 = 5 which is $23,000. If this is the case then in your K-1f petition only the joint sponsor would need to show financial evidence, your sponsor (your fiancée ... always) would only need to show financial information at the adjustment of status stage (which is after you get married in the USA).

If you yourself intend to support yourself with your own finances then yes your debts will in all likelihood be taken into account.



As a K1-f fiancé you are entitled to work in the USA, however this is a somewhat hit and miss affair. You need to ask the immigration officer when you enter the US on your approved K1-f Visa for a 'Employment Authorized' stamp to be placed on your white I-94, above your 'A' number. However most people seem to find that the airport immigration staff either don't know what the stamp is or refuse to give it to you (its their discretion).

If they don't stamp you then all is not lost, all you need to do is find your USCIS (formerly BCIS... formerly INS) service center and appear in person. They will then give you the 'Employment Authorized' stamp.

However you still can't work until you have applied for and received your Social Security number (SSN). The best thing to do is as soon as you get your 'Employment Authorized' stamp on your I-94 find your local Social Security office and apply in person, they will check your records and issue you a SSN by mail. If however the USCIS have not yet entered your details into the database that the Social Security Office accesses then they have to write to the USCIS and get authorization to issue you an SSN. This takes between 14 and 28 days.

Then you can work 'hurrah'.

Next problem, you get married. Once married you have to file for adjustment of status to legal permanent resident and apply for and EAD (Employment Authorization Document). However until your I-94 expires you can continue to work (make a copy of your I94 as when you get married you have to send the original with your Adjustment of Status Application.).

If your I-94 expires before your EAD arrives you will have to appear in person again at your local USCIS service center and get temporary employment authorization.

I think that is all your questions answered. Also i'm not sure if you have researched the K-1 much yet but its expensive, it costs nearly $500 just to get your status adjusted and employment authorized. Plus the K1 application forms have large filing fees too.

Lastly it should be noted that I am not a lawyer or any one with any legal training at all, this is all just from my personal experience, it may be worth getting a lawyer who can at least check through all your paperwork to make sure you have submitted the correct evidence (and signed in all the correct places!).

Check out the US Immigration Website for more information http://uscis.gov/

Best of luck
Mike

Necromantic Hussy - De Los Tejones

"quigabyte" <member@british_expats.com> wrote in message
news:[email protected]...
SNIPED.......

    > If you yourself intend to support yourself with your own finances then
    > yes your debts will in all likelihood be taken into account.

Thanks for the reply. It's been a great help I'm a little confused here
and need clarification So, are you saying that if I don't work and she
pays my debts while I am in the US then they won't take into accout my
debts. But if I planning to get a job and work while in the us then they
would? Or do you mean that if I had savings and planned to pay that way? ( I
don't lol ) btw, she makes 26,000 a year so she would be able to meet their
standards of support.


    > > Check out the US Immigration Website for more information
    > > http://uscis.gov/
    > >
    > > Best of luck
    > > Mike
    > --
    > Posted via http://britishexpats.com

Thanks a lot for taking the time to answer my questions. I have resarched
the K1 visa a little via a web site that was recommended in this newsgroup.
Of coarse, apart from all those fees, getting married ain't really that
cheap too! Thanks again for the help

Best Regards
Martin

quigabyte

Actually I was referring to what you are going to claim on your K1 application, you have to either prove that you will be able to support yourself in the US, or that a sponsor will support you. If you plan to support yourself you have to show evidence of your own finances, if you go the sponsor route only they have to show financial evidence, not you. So your finances won't come into it at all.

That's true, i've just got married (as of November 1st) and have just sent off my Adjustment of Status papers, so i've been through the process you are just starting

Cheers
Mike

Necromantic Hussy - De Los Tejones

"quigabyte" <member@british_expats.com> wrote in message
news:[email protected]...
    > > So, are you saying that if I don't work and she
    > > pays my debts while I am in the US then they won't take into accout my
    > > debts. But if I planning to get a job and work while in the us
    > > then they
    > > would? Or do you mean that if I had savings and planned to pay that
    > > way?
    > Actually I was referring to what you are going to claim on your K1
    > application, you have to either prove that you will be able to support
    > yourself in the US, or that a sponsor will support you. If you plan to
    > support yourself you have to show evidence of your own finances, if you
    > go the sponsor route only they have to show financial evidence, not you.
    > So your finances won't come into it at all.
    > >
    > > Of coarse, apart from all those fees, getting married ain't
    > > really that
    > > cheap too! Thanks again for the help
    > >
    > That's true, i've just got married (as of November 1st) and have just
    > sent off my Adjustment of Status papers, so i've been through the
    > process you are just starting

    > Cheers
    > Mike
    > Posted via http://britishexpats.com

congratulations I wish you all the best and a great life with the one you
are with I'm sorry to be obtuse, but i'm still a little bit confused
So... If I claim she would support me on the form, my financial situation
won't be taken into account, but would that mean I would not be able to get
a job and work? If I claim she is the one that is suporting me will I still
be able to get a job and work? Or it means that she has to literally suport
me until...whenever? If that is the case, how long would she have to support
me for?

At the moment I have a lot of debt to clear and because of the exchange rate
she just would not be able to pay that each month without me helping with
money. What I would like to do is pay off a little of my debts here and then
apply for the K1 and get a job out there so I can pay the rest off from
there. If I have to wait here and clear all my debts im going to be here
about 2 years and then plus the year it takes for the K1! It will be the
hell Im sure you know that being in love with somebody in another country
is not that fun when you are apart so much At the moment im working 2
jobs 7 days a week to try and clear my debts. As you see im pretty commited
     Well, thanks again for the reply. I really appreciate the help. Again,
good luck and best wishes. I hope you will both be very happy together

Best Regards
Martin

quigabyte

Hi again,

OK just been digging through my old papers and found sheet DS-2000 which may be of help to you.

"The Immigration and Nationality Act requires an applicant for a visa to establish [...] that he or she is not likely at any time to become a public charge."

It states ways this requirement can be satisfied:

"
1. The applicant has [...] personal funds sufficient to provide support for the applicant [...] or sufficient to provide support until suitable employment is located.

2. The applicant has arranged employment in the US that will provide an adequate income [...].

3. Relatives or friends in the US will assure the applicant's support.

4. A combination of the above.

"

If you are going to support yourself it lists evidence you need to provide (bank statements etc). Also point 2 about employment does not apply to you as you are not allowed to seek employment until you get your employment authorized stamp on your I-94 when in the US.

Regardless of what you claim it does not affect your right to work in the USA.

I've just checked through all my K1-f application forms and I didn't enter any financial information (that I can see). My sponsor (my Fiancées mother) did however have to provide substantial and extensive financial information and evidence.

So the bottom line is you can use her as your sponsor and she will be responsible for you until you get a job (and if you lose your job [because you can't claim the dole]). But you can work.

Oh one last thing you will probably need to provide a copy of your bank statement to the Police to get your Police Certificate (required to show you have no convictions), but they won't care what it says, they just use it for ID.

Hopefully that clears things up a bit.

Good luck with it all!
Mike

Necromantic Hussy - De Los Tejones

"quigabyte" <member@british_expats.com> wrote in message
news:[email protected]...
    > Hi again,
    > OK just been digging through my old papers and found sheet DS-2000 which
    > may be of help to you.
    > "The Immigration and Nationality Act requires an applicant for a visa to
    > establish [...] that he or she is not likely at any time to become a
    > public charge."
    > It states ways this requirement can be satisfied:
    > "
    > 1. The applicant has [...] personal funds sufficient to provide support
    > for the applicant [...] or sufficient to provide support until
    > suitable employment is located.
    > 2. The applicant has arranged employment in the US that will provide an
    > adequate income [...].
    > 3. Relatives or friends in the US will assure the applicant's support.
    > 4. A combination of the above.
    > "
    > If you are going to support yourself it lists evidence you need to
    > provide (bank statements etc). Also point 2 about employment does not
    > apply to you as you are not allowed to seek employment until you get
    > your employment authorized stamp on your I-94 when in the US.
    > Regardless of what you claim it does not affect your right to work
    > in the USA.
    > I've just checked through all my K1-f application forms and I didn't
    > enter any financial information (that I can see). My sponsor (my
    > Fiancées mother) did however have to provide substantial and extensive
    > financial information and evidence.
    > So the bottom line is you can use her as your sponsor and she will be
    > responsible for you until you get a job (and if you lose your job
    > [because you can't claim the dole]). But you can work.
    > Oh one last thing you will probably need to provide a copy of your bank
    > statement to the Police to get your Police Certificate (required to show
    > you have no convictions), but they won't care what it says, they just
    > use it for ID.
    > Hopefully that clears things up a bit.
    > Good luck with it all!
    > Mike
    > --
    > Posted via http://britishexpats.com


Hi there.

Ok, yeah, that clears thing up Thanks for your replies and your time.
Thanks

Best Regards
Martin