Unusual circumstances.. best approach to obtaining k1 visa?

[Milz 0]

Hello,

have been lurking for a few weeks now and I must say that these forums are an excellent form of information with a great community.

however i couldn't find anyone with similar circumstances that I have with my girlfriend. Hopefully I will be saved from moral lessons, as I only want advice on what can be done to improve our chances of obtaining the visa.

To get to the point, last December I went to Ecuador which is my birth country (I'm a US citizen), I unexpectedly began dating and fell for my girlfriend whom is 9 years my minor. I am 29 and she is 20. What makes it a rather uncommon relationship is the fact that she is my second cousin. I have visited Ecuador 3 times since then, so we are meeting in person more than every 6 months which I believe is beneficial to proving the relationship is legit.

We want to apply for the K1 visa, with the intentions of marrying within the 3 months of her coming here. however I feel that we may have a problem convincing the interviewer that we are a legit couple because for one her second last name is the same as my last name and also because of the age differences. On top of that, for last year I have w2 income of 13.5k which falls short of the poverty level guideline for a household of 2, this year i have returned to college full time and have been completely dedicated to that and as a result have very minimal income (weekend jobs) that don't amount to much. I plan on having a co-sponsor as one of my parents to overcome this.

I would like to know if anyone is/was in a similar situation and what my course of action should be.

Would it be wiser to go for a B-2 visa for now and later on go for the K-1 once i'm financially stable or would providing lots of proof of our relationship and having a co-sponsor prove to be enough?

[sma1488 155]

Ecuador has a reputation on this site for being a difficult country for K-1 visas. Do yourself a favor and search for some threads in the appropriate regional forum and also read the consulate reviews.

Your case might receive further scrutiny because you are second cousins not because marrying your second cousin is illegal, but because of the possibility that you're simply doing a family member a favor instead of truly being in love. Be prepared to prove that your romantic relationship is a legitimate one.

With income below the poverty line, you'll need a co-sponsor. Again, check to make sure the Ecuador consulates allow these, as some consulates do not.

If your girlfriend (fiancée if you're applying for K-1, by the way) is only 20, chances are she has weak ties to her home country, which would make a B-2 visa difficult. But I guess it's worth a try if you don't go the K-1 route.

[Pheebs1201 269]

I don't think the age gap is an issue, some people on VJ have an age gap of 20 years + . As mentioned, it is not illegal to marry your second cousin. But it would probably prove to be a more difficult process than someone who is not related to you.

[baron555 934]

Would it be wiser to go for a B-2 visa for now and later on go for the K-1 once i'm financially stable or would providing lots of proof of our relationship and having a co-sponsor prove to be enough?

Depends. If she comes here now on the K-1 how would you support her? Sounds like waiting is best overall.

[Kay&Jay 44]

My sister and I are going to marry in the same family, If you are blood related in anyways I think its illegal if you are not then its fine.

[d3adc0d3 186]

U.S. States only have a ban on marriages between first cousins (e.g. the children of two siblings) not second cousins (e.g. the children of two first cousins). There is no known increased risk of birth defects between second cousins, and there is only a 3-4% increased risk between first cousins (the same as a woman giving birth at 41 versus 30). [source 1] [source 2] [source 3]

OP: Your partner's country is difficult enough to get a K1 visa for. I would recommend that you put together more than enough evidence to prove that it is a valid relationship. Personally I think, if you move & work there for a year after your studies and build a life together whilst you're there it will be an excellent source of evidence. If the K1 is denied you can always marry and go the CR1/IR1 route. If you prefer not to take any risks of a denial and further processing time, I recommend you get married and file for the CR1/IR1 visa.

Edited November 7, 2014 by d3adc0d3

[Pitaya 2,576]

Welcome to the forum.

Check out the MSLA Regional Forum for more country-specific information: http://www.visajourney.com/forums/forum/96-mexico-latin-south-america/

Good luck on your immigration journey.

[YamenWaad 45]

the age gap is not a problem at all, even the family name

[Ontarkie 13,915]

~~Inappropriate post removed along with one quoting. Post constructively or do not post.~~

[TBoneTX 43,058]

The age gap won't be a problem at all, because it's common in Ecu for younger women to marry older men.

The consular regime has changed, but when my contemporaries and I were going through the hellhole Guayaquil consulate, the subject of finances never came up. That might have been because everyone was qualified, and you admittedly are not. I presume that if you have a cosponsor, the financial aspect won't be an issue.

The family relationship might raise some eyebrows, beyond the consulate's historical focus on the bona fide nature of relationships.

In your eventual I-129F petition package to USCIS, I would recommend including a very carefully composed letter, addressed to "Immigrant Visa Consul, U.S. Consulate - Guayaquil." Include in it your relationship timeline, starting with all contacts (presumably incidental) with your cousin before you decided to date her. Focus on the "unexpected" (your term) start of your dating. Then, give the date-ranges and highlights of your various visits. Include language to the effect of "after the third visit [or whenever] and a total of ___ days spent together, it became clear that we were compatible and mutually committed enough to consider filing the I-129F petition and applying for the K-1 visa." Include objective language that would convince a third party (the consul) of the bona fide nature of your relationship, and concentrate on the number of visits and amount of "face time" spent together. Close the letter by saying (in bold type, as here) "We will have much more evidence of our bona fide relationship to present at the K-1 visa interview."

If (and only if) it's true, include in the letter a statement of concern that she will be drastically homesick at having to leave her family.

Have phone and Skype records (summaries, with key printouts of communications over the course of your relationship that you want seen). Save every photo that you've taken together so far, and take oodles more on your next visits.

I strongly recommend that you wait until mid-2015 to file the I-129F petition. In the meantime, visit her at least twice more and spend as long a time together as each visit allows. A good 1.5 years with multiple, quality visits will indicate the enduring, bona fide nature of your relationship.

Most important of all: You must absolutely be there with her when she goes for her visa interview.

Take the maximal time possible to conceive, compose, and massage the text of the above letter. A period of weeks or months will yield the best logic and details to include.

Edited November 8, 2014 by TBoneTX