Gepa

I am a UK citizen and my Fiancee is from the USA. We have talked lots about getting married and me moving to the states however her income is not enough from what I have read to allow her to sponsor me to move to the USA on a K1 to marry her.

I am going over on holiday for a month in May2009 and I thought about us getting married then and I would return back to the UK as I have a house and a Job in a bank to return to. We have already discussed this and she is really excited about that and have the chapel provisonally booked already.

If we went down this route can I legally do this by even declaring it at imigration as I will have my return flight ticket as well as proof of my car sitting in at the Airport in Scotland.

I have full intentions of returning to the UK at the end of the month what proof would I need to convince the nice immigration officals I do not want to stay until I get my Visa/greencard

Could we then apply for a greencard so I could then be with her full time and am I allowed to travel to the USA to visit on the VWP while my application is pending as each time I would have a return ticket and my proof of my car waiting for me when I go to the states.

I have read a lot and I am still confused if this can be done as I do not want to do anything to stop me from being able to be with her full time.


Thanks

ian-mstm

For a K-1, London will allow you to self-sponsor if you have the income/assets. But once you're married, your (then) wife *must* be your sponsor... and at that point in time, you'll probably need a joint-sponsor.


If you are specifically asked the question, you must answer honestly. If you are not asked the question, you are not obligated to volunteer information.


People have left far more than a car... it really doesn't prove anything one way or the other.


Then have her file an I-129F petition now, you return to the UK, and in 5 or 6 months, you'll likely have a visa to allow you to return to the US to get married and live/work here.

Ian

meauxna

I'm a little confused.. if she does not earn enough to sponsor you at the reduced level required for a K-1, how is she going to afford to sponsor your 'green card' visa (Immigrant Visa)?

Gepa

She works in a kitchen on Min wage and tips

So am I, I was not aware of them having requirments to earn minimal amount of Income per year until I spoke to a lawyer about it.

First one I asked for info did not mention the minimum earnings but the 2nd one did. None has ever mentioned about me being able to sponsor myself.

Does anyone know what assest/income I need to allow myself to sponsor myself.

the Last 2 years I have earned around £30k per tax year and I have my own Flat which is mortgage but does have some equity on it.

Any info you could give would be great as the prices for the Lawyers range from $950 for filling fees and the other is asking for $1800 in filling fees.

meauxna

The guy I know of who charges $950 does an excellent job. Are you sure you didn't mishear it as the $ amount PLUS filing fees? That is normally how they price it.
And, it depends on what service they were offering.. are they quoting for the same thing?

The financial topic is pretty complex, in terms of you sponsoring yourself. Some applicants through London have been successful showing the CO that they have sufficient funds to not become a Public Charge for the 90 days of their K-1 visa.

Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

* bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;
* proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
* letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;
* statement from insurance company showing policies held and present case surrender value;
* proof of income from business investments or other sources.

Read more here: http://www.usembassy.org.uk/cons_new...affidavit.html

Remember that only your equity value may be used, and they are being *quite* conservative at the Embassy with that, considering the current market.

The income levels are quite low; if she's reporting all her tips she might be earning enough.. around $17K gross earnings for a household of 2.


The one you need to look at is I-864 + I-864P. I suggest you go over to uscis.gov and download them, plus the instructions. They'll make it pretty plain.
If your then wife does not earn enough to sponsor you, she can enlist a Joint Sponsor, if there is a family member or close friend who is willing to sign on your behalf.

jeffreyhy

G,

What the financial requirement is to not need a sponsor for a K visa is very subjective. ("sponsor myself" or 'self-sponsor' is a misnomer) Looking at your overall financial situation the consular officer will decide whether or not they think you will be able to support yourself in the USA.

What you made the last 2 years is not relevant, unless you will have the same source of income after you come to the USA.

How much equity do you really have in that flat? From what I've read and heard the past few weeks the UK is a bigger financial basket case than the USA. If no one can or will buy the flat you've got no equity in it, only a mortgage that you will have to continue to pay.

What confuses me is, if your fiancee cannot meet the income requirements for immigration sponsorship, where is the money going to come from for her to feed, clothe, and house two people? The immigration requirement is really quite minimal.

Regards, JEff

Gepa

eek this is all getting very fustrating and confusing.

I would need to check with her about her earnings. She has a child so I have been informed she must earn $19500 as of Jan 09 I beleive.

Looks like I will have to inform her we best not get married before the K1.

Not sure I will be able to sponsor myself. as I am rubish at saving and I cashed in all my shares when they rapidly declined in value to vist her 4 times last year.

Good news is I have a perfect credit score as I got no debt apart from a car loan and my Mortgage. I work for a bank so regulary check the House price index. And yes prices have gone down. in the last 5 months the value has droped from £88500 to as of Yesterday £80500. I only owe around £64000
and my car loan only has £7400 But I would not want to sell the flat until I got the K1. So I would have around £9100 before any other savings as I currently Save up a couple of Thousand and blow it all visiting her in the states and then rinse and repeat.

The Fees have not been miss heard as I got them in e-mails from the lawyers. The one charging $950 even allows me to pay it monthly at $225.

So he is the prefered choice if I go down the lawyer route the forms look simple enough but I would not like them delayed as we forgot to tick a box or supply the correct forms.

This is harder than I thought all I want to do it move there and be with her but at this rate it will be late 2011 before that happens.

I thought if we got married it may make it quicker as in early 2010

Thanks for all the info please keep asking your questions so I can get the best advice for moving forward to being able to move full time to the states.

meauxna

OK, dont' get overwhelmed here.. we're just talking.

You actually might be better off with an Immigrant Visa, considering the time scales you've mentioned.

Immigration is expensive.. perhaps you can start a little worksheet to keep track of the costs of the 2 different routes? And add to them as you go along and learn new things.

Also, it takes several days for this info to truly start to make sense, so go easy on yourself. I liken it to learning a new language.. it takes a couple of days just to be able to say 'hello'.

Gepa

thanks for the sound advice I will sleep on it and consider my options as I want to do it by the book and to the letter of the law.

What do you mean by Immigrant Visa.

Sorry if it is a stupid question but it is 02:37am and my brain hurts right now think i need to go watch some CSI to make me feel better.

Timescales are not the important thing I just want to be with my Fiancee the most legal and quickest way and as she has a 5 year old who has just started Kindergarden last August which I was over for and it was really good seeing her so excited about him going to school. I would not want to upset his life by taking him away from his friends and Family.

meauxna

lol, go have a rest, it's evening here now anyway. We'll add some info for you to look at tomorrow.

Noorah101

I'll chime in! Hi Gepa, Welcome to BE.

In order for you to move to the USA to live permanently, you basically have 2 options. Both are sort of expensive, and both sort of take a while to accomplish.

1. K-1 fiance visa. Your fiancee can file an I-129F petition to start the ball rolling. In about 6 months or so, you will have an interview in London and hopefully be granted the K-1 visa. You have 6 months to use that visa for a 1-time entry to the USA in order to marry her. You MUST marry within 90 days, and you should file your adjustment of status (AOS) as soon as possible after marriage, preferably within those same 90 days. This starts the process for your green card. You will be work authorized about 90 days after filing your AOS paperwork, so you should anticipate several months of being unemployed. Regarding the financial sponsorship, it does not sound like you qualify to self-sponsor (no savings and not much equity in a bad market), so your fiancee would probably have to find a joint sponsor, both for the I-134 (required for your K-1) and the I-864 (required for your AOS).

2. Spouse Immigrant Visa. You are allowed to come to the USA on the VWP and marry your fiancee. At that point, she files an I-130 petition to start the ball rolling on your Immigrant Visa. You go home before your 90 day VWP visit is up, and eventually you attend the Immigrant Visa interview in London, and be granted the visa. This method takes a bit longer, 8 to 10 months, but the advantage is that when you enter the USA using your Immigrant Visa, you become a Permanent Resident right away (you get your green card), with no further paperwork to file after arrival. You are work authorized from Day 1. There is no I-134 associated with this method, but there is still the I-864, and again your wife would probably need a joint sponsor for that.

Both methods require a police certificate and a full medical done before issuing the visa.

The costs probably come out around the same, but the K-1 costs are less at the beginning and more after you arrive in the USA and file AOS. The costs for the Immigrant Visa are paid steadily throughout the process, and all costs are paid by the time you get your visa. I would say to plan on spending at least $2,000 in immigration fees and medical expense, either way you go.

Hope that sheds some light on it for you.

Rene

Gepa

HI thanks for the info I spoke to my other half last night re all this after I logged off and she was a bit upset sadly her last two tax returns were only 13k & 10k respectively. So she is no where near the amount required. The Extra processing time is not the hassle we just want to be together at the end legally.

Now at the moment the Immigrant Visa is looking to be the better of the two options as this would allow us to get married to and then get the ball rolling and allow myself to sell up my property in the summer when we are all hoping the financial markets improve luckly for me the Area I am in has not been hit too hard with falling property prices and this would allow me to save up some cash as well.

My Next questions is. who qualifies for a joint sponsor does it have to be a relative or someone from the USA ?? Her Father and brother again are not able to co sponsor due to not being able to work and both collect disability benifits and most of my friends that I know from that area who we met through at there wedding are not able to financially sponsor me I dont think not a converstion I am looking forward too.

If we go down the imigrant Visa I am i not allowed to prove I can support myself without a financal sponsor from the USA ? I.E have x ammount of savings to support us.

I am starting to understand it all better but still have loads of questions.

My Next question is what do I say at the Border protection if we go down the VWP with the intention to get married say nothing or advise them I am getting married and then leaving the country ?

Rete

Your fiancee or spouse can use a co-sponsor for the affidavit of support in addition to hers. Does she have family or friends that would be willing to sign off for you on the I-864?

As for the agent at the POE, you answer what is asked. You answer truthfully, do not volunteer information, and never lie. You will be asked if the trip is business or pleasure. You answer "pleasure". You don''t volunteer with "pleasure, going to see my fiancee".

Ray

You have the job and assets ..why not bring her to the UK
far cheaper and easier ... and you can afford to live ..

Rete

Well you come here in May, get married, return to the UK and you will be here if you have all your ducks in a row and don't have issues with any criminal records haunting your pass or medical concerns around the end of December 2009 or January 2010.