jsgill

I recently got engaged to my fiancé who is American living in the uk with a student visa.

Things have not gone as planned, as she wants to go back to the us to study. I want to go with her, looking at various sites it looks like I would need a k1 visa and then get married in the us with the 3 month period. I understand she would have to sponsor me, as she is a student and not earning what are the likely hood of her being unsuitable to sponsor me?

Seeing that she has been here since July, would this become a hindrance?

How long would I have to wait for the appropriate visa to be granted?

cindyabs

If she continues as a student in the US without a job that earns enough to meet the poverty guidelines, then the chances that she alone can not meet the test. So, she would do as many have before, and get a co sponsor (her parents perhaps?). As for how long to get the K1 visa, it depends on where she lives in the US, it might take a month or less, it could take six or more.

jsgill

Thanks, change of plan again, we are now going to get married in July in the UK. We will then apply for the (I-I30) form I believe.

I understand that she will fill it in and then send if off, can this be done before the marriage? or will we have to wait until we are married and then apply.

After we are married she will return to the US, so she can prepare for university and get a part time job. Would this make the marriage look false?

Once sent off what is the turn around time? I would assume if the 1st stage is a success i would be called up to the embassy and then assessed? would this take more time or would the visa be granted the same day.

Many thanks

jeffreyhy

js,

You are missing some very basic information. I suggest you start by reading the various links in Rete's post at the very top of the forum index and the 'Green Card' information on the USCIS web site. This will give you an overall understanding, then you'll be in a better position to ask questions.

Regards, JEff

lpdiver

I don't know if it is an option or not; but , I would investigate DCF thouroughly.

MarDae

I second that!!

jsgill

I have been looking into this more now, and things do not look good.

We have the forms\ADIT ready with the exception of the I-864 form, my soon to be wife will not meet the poverty line she will have a part time job. Her mother is out of work at present due to illness, although she has savings she is unwilling to sponsor me.

I however have savings, which I could use, and are more than enough for me to live on until I get a job. Looking on the usembassey website under the I-864 guide it does not mention what to do if your partner\sponsor is unable to provide for you.

Has anybody come across this before?

Bluegrass Lass

Is there anyone else who will be able to be a co-sponsor? Perhaps her father, uncle, sister, brother, best friend, etc? Read the I-864 to determine who would qualify to be a co-sponsor - I think they have to be a US citizen. Unfortunately, for your savings or income to be included on the I-864, you must be married and living together for a minimumb of 6 months. If you cannot find a joint co-sponsor, then, I hate to say it, but your chances of getting the I-130 approved are slim to none.

I'm fairly certain what I mentioned above is correct, but I could be wrong as we haven't filed an I-864 yet. I'm sure someone will correct me if I'm incorrect.

Good luck!
Jamie

Rete

Actually you are only partially correct. She can complete the I-130 and send it to the US Consulate in London. As she is there on a valid visa which allows her to reside in the UK she can utilize an option known to the layperson as direct consular filing. Have her or you look up the US Consulate's website, download the forms and information and call the Consulate. If she can find a financial co-sponsor for you, then all is well.

It is done AFTER the marriage and will take 1 to 3 months. You can get a head start on getting your documentation gathered, i.e. police clearance, long form birth certificate, etc.

Rete