Affidavit of Support and AOS after marriage

[chaoticlogic 27]

Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do?

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.)

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances?

Sorry for the long read, and I highly appreciate everything in advance! Have a good one, and to all those who have / are going through the woes caused by TSC, stay strong...

[G Walters 136]

Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions. If you are at the TSC plan a longer wait. There is a large backlog that is is taking 6 months or more to get an approval barring any issues with the Submission. TSC has the longest wait. They just started shipping all new apps to CSC to lower the additional work load on the TSC.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do? The guides at the top of the page can help answer many of the questions. Also please see the Embassy site for Madrid for more info.

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.) Here is a link to the instructions for the 134 which is what is needed at the Embassy. http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf. There is another form the 864 that will be needed for the AOS part of it Most of the same info.

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances? This is from the Guides: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Sorry for the long read, and I highly appreciate everything in advance! Have a good one, and to all those who have / are going through the woes caused by TSC, stay strong...

[chaoticlogic 27]

Thanks for the info!

I looked at the guides, but I still can't find how my fiancee will get the forms to follow up with what she has to do once it gets to Madrid. Thanks!

[Pitaya 2,576]

Thanks for the info!

I looked at the guides, but I still can't find how my fiancee will get the forms to follow up with what she has to do once it gets to Madrid. Thanks!

Perhaps when you look at the guides, you should also review the K1 Flowchart: http://www.visajourney.com/content/k1flow It give a general overview of how everything is supposed to flow through the process. Although, there are instances of specific instructions/requirements for each interviewing embassy/consulate. For those specific instances, contact the embassy/consulate.

Good luck on your immigration journey.

[chaoticlogic 27]

Thanks so much guys. This site is a wonderful support net. Hopefully NOA2 will be received within the next 3 months (according to USCIS agent via phone call... But you never know.)

Wish us luck, and good luck to everyone else on the same situation.

[Pitaya 2,576]

Here's to hoping for prompt receipt of your NOA2 visa approval.

There are many of us that are not currently in your particular situation right now. However, rest assured, we have all had our share of "unique" experiences with USCIS during our immigration journeys, check some timelines. Many of us are just paying back the great advice and support that we received when we were "patiently" awaiting our hardcopy NOA2 approval notice.

Good luck on your immigration journey.

[KayDeeCee 4,891]

Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do?

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.)

You will need to provide your I-134 with your 2014 IRS transcript or complete copy of the return with all forms, schedules, W-2s and/or 1099s. Your current income is $0, and that is what you will list on your I-134, as you are currently unemployed.

Your mother will provide her own I-134 with her 2014 IRS transcript or return, plus proof of current income: letter from employer and/or recent pay stubs. She should also provide proof of being a USC or LPR, just in case it is needed. She needs to meet the income requirement for her own household size plus the foreign fiance(e).

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances?

When you enter with a K-1 visa, you are entering using that visa, not entering using the VWP. The K-1 is a one-time entry visa and will allow 90 days of stay in which to get married. Once married, you will file for AOS. There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval. See this post about what to do after you enter the US via the K-1 visa > http://www.visajourney.com/forums/topic/552020-we-are-so-confused/?p=7664338

K-1 instructions for Madrid > http://madrid.usembassy.gov/visas/immigrant/fiance.html

Edited June 22, 2015 by KayDeeCee