davejenk477

Hi,

i was hoping i can get some advice, i am in a relationship with a US citizen and i am from the UK, and we are considering getting married. We were just wondering which would be the best country to get married in? we intend to apply for a fiance visa for either country, and do it the 'proper' way, but are these visas usually accepted? My girlfriend has been turned away at the UK border previously because they didnt belive she would go home.

How much money is considered enough funds to support someone coming over on a fiance visa?

we are both 24, she is a student and i am a civil engineer, i dont know if that is important or not!

thanks for any help!

discoviking

Where do you plan to reside once you are married? US or UK?

randomgirl

Hi

If you want to move to America then the best way would be the K1 (fiancé) visa, which usually takes about 6-9 months to obtain. Once you get the visa you have 6 months to use it, and once you arrive in the US with the visa you have 90 days to get married. However, with your girlfriend being a student she may not earn enough to support you once you're there so she might need to have someone to co-sponsor you. I think the US citizen has to earn something like $20,000 a year, otherwise they will need to get a co-sponsor.

If you did it the other way round and got a fiancée visa for her to come here, it would be quicker I think. I'm not sure what the UK requirements are for earnings etc.

But yeah, it depends which country you both want to live in. Once you decide that, it'll be easier to help.

Noorah101

I believe it's easier to get married in the USA, because if you are eligible to use the VWP, you can simply come over here and get married. If she wants to marry you in the UK, she will need a special visa to do that.

Not quite sure what you mean to ask here. Basically, if you marry in the USA, you can do 2 things...you can apply ahead of time for a fiance visa, which allows you to come to the USA, get married, and remain in the USA thereafter (takes about 6 - 8 months to process that visa). Or, you can hop on a plane, come to the USA on the VWP, and get married. After marriage, you return to the UK and do an Immigrant Spouse visa, which takes about 8 - 10 months to process. Once you have the Immigrant Visa in hand, you can move permanently to the USA.

Then she should probably not attempt to visit you in the UK again unless she can bring very strong ties to the USA. But if she enters using the proper visa (fiance), she will be let in, because she'll have the proper visa for her intent.

Which direction? For someone coming to the USA on a fiance visa, check out www.uscis.gov, form I-134. That is the affidavit of support the USC would have to file. Later on, after you arrive in the USA, it will be form I-864 (income guidelines are on form I-864P).

Only in the sense that as a student, she probably won't meet the income requirements for your affidavit of support if you come to the USA on a fiance or spouse visa, but she can always get a joint sponsor for that.

Rene

blargins

Am I right in thinking that if you get married under the VWP, go back to your native country and apply for residency from there, the affidavit of support is not required?

Edit, just read this brilliant link http://britishexpats.com/wiki/Compar...ge-based_visas and answered my own question.

randomgirl

Blargins - I don't know about that - I'd be surprised if the affidavit of support wasn't required, because that's their way of ensuring you're not going to become a public charge.

Someone else might have the answer though!

blargins

According to that page it states under the global for all 3 types of entry

"Proof of US-based income by sponsor or joint-sponsor at 125% of the poverty level (or qualifying assets equivalent to three years of such)"

Noorah101

Yep, it's required.

Rene

TimNiceBut

One thing to keep in mind is that once you are married, your assets (not income, just assets - mostly savings etc) can be taken into account for the Affidavit of Support. I don't think this is the case if you're going on a Fiance visa. If your fiancee is a student, it might be easier to get married first on the VWP and then apply from the outside. Of course if you don't have two pennies to rub together you might still have to find a co-sponsor .

Taking my assets into account was the only way we could make the visa process work for us after the co-sponsor had a change of heart.

blargins

The amounts really aren't that high, which surprised me.

I am right in thinking that as my girlfriend has two children (thereby being 3 in the household), her minimum annual salary needs to be about $22k?

Or would it be the $27k figure if I am to be included?

TimNiceBut

I'm not sure if the household size includes you or not, sorry. And you're right, the amounts aren't that high - still a lot of money to earn if you're a student at the same time, though.

TracyTN

She would have to count you in that household, so 4. The point is to prove she can support her current household PLUS the alien (you).

Noorah101

The number of people she needs to support is counted by her household size plus the immigrant. So in your case, 4.

Rene

blargins

Thanks, thought that would be the case. We just clear that one then.

Not that I ever expect her to support me, I'll hopefully be coming over with a ton of cash from my house sale. But I understand it from the governments point of view.

Noorah101

If you are coming on a K-1 fiance visa, you can try using the cash from the sale of your home to "self sponsor" (so that she won't have to do an I-134 affidavit of support). This is allowed for the K-1 visa process only.

Once you arrive in the USA, get married, and file AOS, she will need to do an I-864 affidavit of support, but if you still have enough cash from the sale of your house, your assets become her assets and you might have enough with her income plus assets to do the I-864.

Rene