Hi guys, I posted on here back in January regarding joint sponsorship and thought I would ask a few more questions because it is like a goldmine of knowledge on here.

My fiance (USC) is literally about to file the petition so it goes off first thing Monday morning. For the moment we have decided as the K-1 is the quickest route and we will pursue it rather than get married first and go down the CR-1 route. I understand that once you have your visa and are admitted in to the US you need to file for adjustment of status in order to get a work permit. You have 90 to get married but also 90 days after you have filed for adjustment of status? Am i right in thinking that if you didn't get married until the last day, for arguments sake, that you could potentially be waiting six months before you could seek employment? If this is the case what do people usually do? Get married on the day they land and file so it is only 90 days from then?

I am fortunate that I will benefit from free accommodation though my fiance is a student and doesn't work. Coming up with 3 months of money isn't going to be easy. Are there any exceptions to being able to work sooner than this because it seems unless you are wealthy it will be a struggle to survive and to be honest I don't want to use all my life savings just to eat they should be for emergencies etc. Furthermore, will all the costs of AOS and the visa am I to expect a total of $2000? CR-1 does seem more sensible but I suppose it comes down to we would rather be together asap and imagine we would survive somehow.

The joint sponser we have has the money (is it 3 or 5 times more than the poverty line) in property. Is this enough? Does the fact he has a driving conviction (DUI) plus he didn't file for taxes in 2010 matter? (He had made a lot of money in 09 plus he is filing taxes now). My fiance's parents aren't ecstatic that I'm moving over while she still has two years of uni left but I need to get out of Kent where there are little opportunities and upgrade to Columbus, Ohio a vibrant college city. I live in a small town and so to go to a city would be just the ticket. I did consider London though I'd have to commute/pay rent and plus my fiance doesn't live there. I have a 2:1 Bachelors Degree in Ancient History and Archaeology. Worked in manufacturing for over 2 years after and as an Admin Assistant after that. Hypothetically, will I struggle out there? Do i have a case of the grass is greener? I just think the U.K is a sinking ship at the moment and want to start a fresh. What have most done to start? taken supermarket/cafe jobs while they're searching for something else? There seems to be plently of part-time jobs in Columbus but I don't want to be cleaning tables or whatever for the rest of my working life.

Lastly, does anyone know off-hand if she can find out her naturalisation number by phone (off the conatc us section on the USCIS website) as she didn't get a certificate (you have to pay).

Thanks so much guys and gals I just want to make sure I'm using the best joint sponser etc so I don't throw $1000 down the drain or cause a major holdup.

Greg.

You have 90 days in which to get married, yes. There is no date afterwards by which you must file to adjust status. The sooner you file to adjust status, the sooner you'll get work authorization.


Yes... mostly. You can seek employment at any time, you just can't begin working. Without employment authorization, you can seek employment, go on job interviews, and even accept employment. But you can not sign any papers and you can not actually work.


Yes, some do that. For others, employment for the non-USC isn't an issue. Still others get married after a few weeks and then file. It all boils down to your financial situation.


No. You must have employment authorization (EAD) in order to work, and you can't apply for an EAD until such time as you adjust status, and that can't happen until after you're married.


Yes.


Five times the 125% level if it's not your fiancee. Property probably isn't a good asset since it's not easily liquidable.


Usually, yes.


His DUI will not be an issue. He will be required to provide his prior 3 years of tax returns, and if you file to adjust status after April 15, you will need a copy of his 2010 return.


... about 3 hours north of where I live.


In the current economy, probably.


Probably... but that's perfectly normal.



Yes, exactly. There's no shame in a low-paying job while working to improve your circumstances. Any job is better than no job.


Is your fiancee is a naturalized US citizen? If so, she should have a Certificate of Naturalization. Even so, why would she need it? As long as she has a US passport or other proof of her US citizenship, that'll be sufficient.

Ian

There is nothing stopping you from getting married at the court house shortly after you arrive and latter having a formal or church wedding afterwards to allow you to immediately start the AOS process.

Will a court house not suffice for the AOS because we were going to have a church wedding later down the line?

That's what he means. Have a quick city hall/court house wedding so that you can start the AOS paperwork straight away. This then leaves you more time to plan the big fat wedding with all the guests.

I had two weddings and for now we still celebrate two anniversaries. The first is our personal one, the second is the one everyone sends us cards for.

Thanks so much for the info chaps, really helpful. Do you have any stories of how you coped for the 3 months if you came over on a fiance visa? Or any stories of the hardship you faced and what you did to overcome it. Did you find being in a foreign country without family meant it gave you motivation to succeed rather than resting on your laurels at home back in the U.K (which I'm guilty of to a degree).

If you stick around here long enough you will certainly find the answers you seek. The idea is for you to make use of the experiences of others who post here and there is every story you can imagine and some you haven't even thought of Just one more thing: America still operates a capitalist system and basically if you dont work, you wont find the kind of help a Briton takes for granted, including unemployment benefit, free healthcare, help with housing etc., etc., so if you choose to come here your motivation is your survival ? The Americal dream is there all right...but you've got to work for it

We got married within 2 weeks of my fiance's arrival in the USA. Filed AOS a couple of weeks after that. If I remember correctly it took the full 90 days for his EAD to come. In the meantime, he knew he wanted to be self-employed, so he used the time to scout out our area for oriental rug shops (he repairs them), and made contacts and such. After realizing there wasn't enough work in Phoenix, he ended up going to Los Angeles to look for work. He went there, spent his time making contacts and talking to potential clients and scoping out the place. When his work authorization came through, he began working in LA, and has been doing so since. Work never materialized in Phoenix, and for a variety of reasons we don't want to live full time in LA. So for the past 7 years he's been commuting...working a few weeks at a time in LA and then spending long weekends and vacations in Phoenix. Such is life! We're still happy and grateful to be only an hour flight away rather than halfway around the world.

Rene

Your questions suggest that, despite what you've written, you don't sound fully convinced that the K-1 visa is the route you actually want to take. If working immediately is that important, I suggest the CR-1 route. If money, in general, is going to be an issue, I suggest you simply postpone marriage until such time as you are both in better financial circumstances. Contrary to popular myth, you can't live on love... and two can live as cheaply as one... as long as one of you doesn't eat!

Ian

As a practical matter, yes. You can apply for employment authorization immediately after entry, before getting married, but by the time the application is approved and you get the EAD it will be about to expire.

What most people do is based on their own personal situation, which in many (most?) cases is different from your situation.

Sounds like you are going to have some problems. You have conflicting desires.

Enough for what?

Enough for immigration purposes - maybe.

Enough to feed and clothe you, since you don't want to spend your own money? Only if the joint sponsor is going to sell or mortgage his property - you can't eat or wear a property.

This is going to make everything so much easier, oh yeah....[QUOTE=milknosugars;9252993]My fiance's parents aren't ecstatic that I'm moving over while she still has two years of uni left



Sounds like out of the frying pan and into the fire. I don't think there's a lot of call for Ancient History and Archaeology majors, and the American midwest has an abundance of of people who have worked in manufacturing, record numbers of whom who have remained unemployed long enough to have run out of unemployment benefits 2 or 3 times. And you'll be competing with those vibrant college students for the part-time jobs, but maybe you'll be able to get one of those.
She immigrated with her parents as a child, and became a citizen when they naturalized? You've got me wondering now if I know what my stepson's number is, or if he even has one absent a naturalization certificate.
My gut feeling from reading your post is that you need to listen to your future in-laws. Regards, JEff

Ian, some corrections.

Form I-864 requires the sponsor or joint sponsor's most recent single income tax return (not 3).


Petition I-129f Question 10 requires the citizenship certificate number for naturalized citizens. It's OK to direct people to check the form instructions vs answering their questions definitively.


In this case I think it would be a Very Good Idea for milknosugars to read the I-864 detailed instructions: http://www.uscis.gov/files/form/i-864instr.pdf

What most people do is based on their own personal situation, which in many (most?) cases is different from your situation.
[/QUOTE]

Thanks for your input Jeff. I just wondered if I cleared a few things up/went into detail a bit more.

I have enough savings to support myself for 3 months and pay for the visa application process but not much more. I didn't want to run through them and have no safety net. I will have minimal costs out there. My accommodation will be free and she gets food swipes at uni. They are not limitless, and are more than enough for 1 person. I also receive £250 month in support from a previous business I was involved in.Nonetheless, it will all help and she will be getting some part-time employment. The key, probably, is to save up some more money before I arrive, therefore, removing some of the pressure.

My long term career plans include further training and do not relate to History (though you can usually get on many humanities masters courses i.e law and politics with my degree). All I need to do is get past the 3 months, get a stop gap job and i'll have a good basis to get into the career I want.

I may be getting into internet related work and may be able to aid my situation anyway but it isn't 100 per cent yet so there a lot of ifs buts and maybes but well have 4-6 months to sort that out.

Finally, my fiance says, "I gained citizenship through my parents.
In the 1-129F form it asks if i've recieved a certificate of citizenship and if so it asks for the # date and place it was issued. I don't have access to it so if I check no and instead send them school records, which is one of the options for what I can send instead of my copy of the certificate, will that hold up the process?"

Out of the fire into the frying pan it may be but it's a shot at getting something better than I have here. Upgrade from town to city life.Yes I have all the benefits of Health and Education system but my work life in general sucks because Ashford in Kent has 2 big factories and no big business. London probably would be the answer but my fiance is not there.

Where exactly are you planning on living, her dorm room? Do you even know if that is allowed? Why are they all 'your' costs individually? If she is being supported by her parents, sadly for you, they do have a right to have an opinion about this move. You should both make sure you have as much family support as possible, and that's not even counting her tuition and costs for the next couple of years.


Raising just enough money to get you the visa probably isn't the soundest idea. I have always told people they should plan on not working for 6 months and Jeff has often been the further voice of reality by noting that getting a job isn't as easy at it sounds these days. We have plenty of folk who are in the '99 weeker' category (been unemployed around 2 years now).

This isn't to be discouraging, but focus more on the real stuff than the hyperbole about getting out of the UK and opportunities etc.

School records do not prove citizenship. She needs to include a photocopy of her US passport to prove she's a USC. If she did indeed receive a certificate of naturalization and just doesn't know where it is, she shouldn't check "no" to that question, as it wouldn't be the truth. How about if she checks "yes" (if indeed she was awarded one) and then puts "unknown" for the number? She might get an RFE for that, but at least it buys time for her to dig out the certificate from wherever it's hiding.

Rene

Agreed - wise thought.
This will be new and exciting for a while, but the euphoria will wear off quickly.
Good so far ... ... but here's where it breaks down Yes, lot's of "ifs buts and maybes" - lot's of unemployed Americans are "into internet related work". 4-6 months may be no where near enough time to sort that out. If she has a certificate of citizenship, and checks that she does not, it may very well cause a problem. School records do not address the citizenship issue. If she does not have a certificate of citizenship (my stepson doesn't) she should perhaps write and explanation as an attachment to the petition in answer to that question. I admire your optimism. Things may work out for you - they do for some but not for most.
Regards, JEff