K-1 and sponser questions
#1
Forum Regular
Thread Starter
Joined: Jun 2002
Posts: 41
K-1 and sponser questions
Hi,
K-1 Question: I'm a Canadian citizen (not that is matters probably) thinking of marrying a US citizen. I have been in the US off and on for about 2 and a half years now, first as a student then on a 3 month work permit. Just wondering which is better or less painful i should say: Getting the K-1 and then getting married and adjusting status or just getting married while visiting and then doing AOS. I'm thinking K-1 is better because of POE intent to stay stuff. Another question just popped in my head. I'm trying to work in the states as a TN,(just need that job offer) if we marry while i'm in that status will it matter? (is it the same as if I'm visiting?)
Sponser Question: my boyfriend did not work last year, was a student and didn't make enough to file an income tax. Is this going to affect him as a sponsor? will we need a co-sponser? One last question, approximatly how long does a K-1 take to get? I waited 4 months for my work permit. Thanks for all the answers.
K-1 Question: I'm a Canadian citizen (not that is matters probably) thinking of marrying a US citizen. I have been in the US off and on for about 2 and a half years now, first as a student then on a 3 month work permit. Just wondering which is better or less painful i should say: Getting the K-1 and then getting married and adjusting status or just getting married while visiting and then doing AOS. I'm thinking K-1 is better because of POE intent to stay stuff. Another question just popped in my head. I'm trying to work in the states as a TN,(just need that job offer) if we marry while i'm in that status will it matter? (is it the same as if I'm visiting?)
Sponser Question: my boyfriend did not work last year, was a student and didn't make enough to file an income tax. Is this going to affect him as a sponsor? will we need a co-sponser? One last question, approximatly how long does a K-1 take to get? I waited 4 months for my work permit. Thanks for all the answers.
#2
Guest
Posts: n/a
Re: K-1 and sponser questions
tweetybird wrote:
> K-1 Question: I'm a Canadian citizen (not that is matters probably) thinking of
> marrying a US citizen. I have been in the US off and on for about 2 and a half
> years now, first as a student then on a 3 month work permit. Just wondering which
> is better or less painful i should say: Getting the K-1 and then getting married
> and adjusting status or just getting married while visiting and then doing AOS. I'm
> thinking K-1 is better because of POE intent to stay stuff. Another question just
> popped in my head. I'm trying to work in the states as a TN,(just need that job
> offer) if we marry while i'm in that status will it matter? (is it the same as if
> I'm visiting?)
>
> Sponser Question: my boyfriend did not work last year, was a student and didn't
> make enough to file an income tax. Is this going to affect him as a sponsor? will
> we need a co-sponser? One last question, approximatly how long does a K-1 take to
> get? I waited 4 months for my work permit. Thanks for all the answers.
>
If you marry after entry on a TN visa, you should probably wait at least 60 days
before marriage. Otherwise, the INS could claim that you obtained the visa for
fraudulent reasons (ie, to get married instead). However if you wait until after 60
days have passed since the entry, there is no fraud claimed by them. So timing is the
main thing to watch.
Whether or not the INS allows him to self-sponsor will probably depend on the INS
office that you are using, frankly. They really seem to like those previous tax
returns, however, and he might (or might not) need a co-sponsor.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
> K-1 Question: I'm a Canadian citizen (not that is matters probably) thinking of
> marrying a US citizen. I have been in the US off and on for about 2 and a half
> years now, first as a student then on a 3 month work permit. Just wondering which
> is better or less painful i should say: Getting the K-1 and then getting married
> and adjusting status or just getting married while visiting and then doing AOS. I'm
> thinking K-1 is better because of POE intent to stay stuff. Another question just
> popped in my head. I'm trying to work in the states as a TN,(just need that job
> offer) if we marry while i'm in that status will it matter? (is it the same as if
> I'm visiting?)
>
> Sponser Question: my boyfriend did not work last year, was a student and didn't
> make enough to file an income tax. Is this going to affect him as a sponsor? will
> we need a co-sponser? One last question, approximatly how long does a K-1 take to
> get? I waited 4 months for my work permit. Thanks for all the answers.
>
If you marry after entry on a TN visa, you should probably wait at least 60 days
before marriage. Otherwise, the INS could claim that you obtained the visa for
fraudulent reasons (ie, to get married instead). However if you wait until after 60
days have passed since the entry, there is no fraud claimed by them. So timing is the
main thing to watch.
Whether or not the INS allows him to self-sponsor will probably depend on the INS
office that you are using, frankly. They really seem to like those previous tax
returns, however, and he might (or might not) need a co-sponsor.
Alvena
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
#3
Forum Regular
Thread Starter
Joined: Jun 2002
Posts: 41
Re: K-1 and sponser questions
thanks for info....waiting 60 days is a good idea. We'll probably get a co-sponser just in case.