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Relocating to the US on the Fiance Visa

Relocating to the US on the Fiance Visa

Old Aug 30th 2004, 9:29 am
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Default Relocating to the US on the Fiance Visa

Hi there

I am just enquiring about the financial requirements for affidavits of support for the fiance visa and form I-751.

I have been seeing my girlfriend for the past two years whilst she did a MA at a British University. She has now returned to the US and intends to stay there, because she can get a better wage in the states than she can in the UK. This is even more important because she owes about $100K in US government loans that she took out to pay for her course.

We are keen to get married in the states, but the financial requirements are a bit puzzling for us. Basically I have read that there is a 3 year requirement where the immigrant needs to be sponsored by a US citizen who is guaranteed an income of over $21K a year. Then I hear that there is a further requirement that lasts up to ten years for another affidavit of support. Since both of her parents are not earning money and she is not guaranteed income at the moment, I was wondering what our position exactly was in respect of me coming to the states on a fiance visa and then filing for permanent residence in the US.

The three year requirement may not be a big deal, but the ten year requirement may prove impossible. This is because she may have to go back to college in order to improve her employment prospects with a PhD.

I have looked at a lot of websites and whilst they agree on the main points about the fiance visa and form I-75, they tend to omit the details or provide conflicting details about any financial obligations that accompany applications of these two forms.

Please can anyone advise me about this.
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Old Aug 30th 2004, 11:04 am
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by jumblejet
Hi there
The three year requirement may not be a big deal, but the ten year requirement may prove impossible. This is because she may have to go back to college in order to improve her employment prospects with a PhD.


Please can anyone advise me about this.
It is 10 years (40 quarters) but if you become a US citizen the support requirements cease.

Also the sponsor only has to meet the income requirement at the time the affadifit of support is accepted and notarised. They don't care what happens after that, as long as you don't claim any means tested benefits before you get citizenship. They don't constantly check that the sponsor is keeping up to the income requirements. The whole system is a bit of a farce really.

HTH
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Old Aug 30th 2004, 11:38 am
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Default Re: Relocating to the US on the Fiance Visa

Your form numbers and information seems to be nowhere near the real thing
Take a read of the FAQ here ..then come back with question,,
http://www.visajourney.com/faq/k1faq.htm
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Old Aug 30th 2004, 3:51 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by jumblejet
...I have been seeing my girlfriend for the past two years whilst she did a MA at a British University. ...she owes about $100K in US government loans that she took out to pay for her course.
...
she may have to go back to college in order to improve her employment prospects with a PhD.
I'm in shock. She paid over a hundred thousand dollars for a course? and STILL thinks she needs a PhD to get a job?

Why would anyone cripple themselves financially like that? She'll be paying off her education debts for the rest of her life! Plus I cannot imagine what kind of course this was that would cost so much.
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Old Aug 30th 2004, 3:58 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by Chessiet
I'm in shock. She paid over a hundred thousand dollars for a course? and STILL thinks she needs a PhD to get a job?

Why would anyone cripple themselves financially like that? She'll be paying off her education debts for the rest of her life! Plus I cannot imagine what kind of course this was that would cost so much.
Private uni's, or if your a foreign student, you would be surprised how expensive they really are, especially without any LEA support, Brunel charged my mate £14K a year because he wasn't a UK resident for long enough, even though he has a dual UK/Dutch passport.
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Old Aug 30th 2004, 4:00 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by Bob
Private uni's, or if your a foreign student, you would be surprised how expensive they really are, especially without any LEA support, Brunel charged my mate £14K a year because he wasn't a UK resident for long enough, even though he has a dual UK/Dutch passport.
It would have to be a DAMNED awesome course for me to shell out that kind of money. I think my parents' Depression-era mentality must have rubbed off on me. Mom would be so PROUD!
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Old Aug 30th 2004, 4:13 pm
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Default Re: Relocating to the US on the Fiance Visa

Your questions regarding the US Fiancee Visa would be better answered in the Marriage-based Visa forum on this site. But your thoughts on the validity period of the I-864 is incorrect. For the upteemth time ;-) the following are the only ways that the I-864 can be discharged/terminated:


Originally Posted by jumblejet
Hi there

I am just enquiring about the financial requirements for affidavits of support for the fiance visa and form I-751.
<snipped irrelevant information>

We are keen to get married in the states, but the financial requirements are a bit puzzling for us. Basically I have read that there is a 3 year requirement where the immigrant needs to be sponsored by a US citizen who is guaranteed an income of over $21K a year.
Incorrect information: The financail sponsor must earn 125% of the US poverty guidelines for the year in question for a family their size plus the foreign fiancee. Thus if your fiancee is living alone and you are added, that is a family of 2. The guidelines for 2004 would put that at around $16,000.

The US Consulate in London asks for three tax returns. However, as she was a student and probably didn't earn much, if anything, she would not have met the guidelines for the years 2003, 2002, 2001. But if she can prove that she will earn the required amount for 2004 there should not be a problem.



Then I hear that there is a further requirement that lasts up to ten years for another affidavit of support. Since both of her parents are not earning money and she is not guaranteed income at the moment, I was wondering what our position exactly was in respect of me coming to the states on a fiance visa and then filing for permanent residence in the US.
Again your information is not correct. Not totally wrong but most definitely not the full story:

Here are the criteria which will terminate the I-864:

1. The beneficiary works for 40 quarters of qualified work as per the Social Security Administration; OR

2. The beneficiary becomes a US Citizen; OR

3. The beneficiary relinquishes their green card status and leaves the US; OR

4. The beneficiary is deported and his status is revoked; OR

5. The beneficiary dies; OR

6. The sponosor dies and the estate is settled.

The I-864 is still in effect if none of the above is met and the couple divorces and the foreign spouse remarries.

The three year requirement may not be a big deal, but the ten year requirement may prove impossible. This is because she may have to go back to college in order to improve her employment prospects with a PhD.
A non-brainer really. You are planning on coming to the US? You don't plan on working? You are going to sponge off of the brilliant little lady for the rest of your life?

The I-864 covers reimbursement of the US Government for any means tested benefits you receive. If you are gainfully employed I doubt you will collect any means tested benefits.

I have looked at a lot of websites and whilst they agree on the main points about the fiance visa and form I-75, they tend to omit the details or provide conflicting details about any financial obligations that accompany applications of these two forms.

Please can anyone advise me about this.
Form I-75??????????????? There is no such form. The Fiancee Visa petition (I-129F) is clear and straightforward. You don't need a high school diploma to read it and understand it. Besides the I-129F does not have anything to do about financial obligations. That is forms I-134 for the Fiancee Visa and after marriage form I-864 for the filing for adjustment of status.

Rete

Last edited by Rete; Aug 30th 2004 at 4:25 pm.
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Old Aug 30th 2004, 4:28 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by Chessiet
It would have to be a DAMNED awesome course for me to shell out that kind of money. I think my parents' Depression-era mentality must have rubbed off on me. Mom would be so PROUD!
It is, unfortunately, no one's heard of the uni in the states pretty much, and you really have to be in the field I guess, though it does do good international law and sports too.
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Old Aug 30th 2004, 4:28 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by Bob
Private uni's, or if your a foreign student, you would be surprised how expensive they really are, especially without any LEA support, Brunel charged my mate £14K a year because he wasn't a UK resident for long enough, even though he has a dual UK/Dutch passport.
Depends on what is considered a course. I have a college degree and don't consider studying for the degree a course. To me a course is one unit of study credit.

My nephew the attorney went to George Washington University for his law degree and the costs of his student loans is close to the $100,000 mark. And that does not include the four years of college prior to that which enabled him to attend law school.

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Old Aug 30th 2004, 4:55 pm
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Default Re: Relocating to the US on the Fiance Visa

Originally Posted by Rete
Depends on what is considered a course. I have a college degree and don't consider studying for the degree a course. To me a course is one unit of study credit.
That's true, though for me, my degree felt like a course, it was fairly structured for the first year and a half, we only had real free reign really in the final year, and a lot of the modules on my campus were shared between the degrees as they were quite similar in a lot of areas, being the design campus.
Sadly, the campus is nae more, it's been closed, well only used for accomodation now and the uni can't really sell it because the property has to be used for educational purposes only and the Royal Hollow way weren't interested.
Completely off topic now, but would be interesting to see the new prospectus now because the campus was always used before for the pretty scenery.
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