K1 VISA Application & Residency

[rsatousathedream 0]

Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency?
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?)
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? 
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest?
5. How long can I expect to wait for the K-1 VISA?
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection?

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

[KierenHby 897]

K1 is a fastest way to be together. It's on average, about a 6-mo process till interview. Once you enter the US on K1, you have 90 days to marry. Plan to file for Adjustment of Status (and EAD+AP) for employment and international travel. AOS from K1s for bonafide marriages are rarely rejected. 

Your USC fiance would have to show continuous income to support you once married. 

[Ben&Zian 4,397]

27 minutes ago, rsatousathedream said:

Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency? Overall it is the quickest way compared to CR-1.
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?) Could work..the university supplying the specifics would be good.. and other income is she paying taxes on? It could be used but also do not want to say shes making money if shes not declaring it annually. Also maybe she could have a co-sponsor lined up just incase? 
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? Probably best.
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest? Shouldn't have any impact...
5. How long can I expect to wait for the K-1 VISA? Overall process from filing the petition to your potential interview and point of entry once approved could be anywhere from 5-8 months... depends on if everything goes smoothly and no delays.
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection? If they send an RFE, then you can recitify the problem.... if denied, then you lose the filing money....

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

 

[Boiler 43,429]

August, which year?

[rsatousathedream 0]

August this year

[Boiler 43,429]

8 minutes ago, rsatousathedream said:

August this year

Ohh

 

Good Luck!

[rsatousathedream 0]

51 minutes ago, Ben&Zian said:

 

She does pay income tax on her stipend, and pays taxes on her freelance money, grants and extra funds. So I guess that means as long as the university supplies the specifics we should be good?

And thanks for your thoughtful response

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to K1 Process & Procedures.

[Transborderwife 4,666]

4 hours ago, rsatousathedream said:

Hi,

 

After three years of dating long-distance, and living with each other when we've had the opportunity, me and my fiance are finally ready to get married and move in together. She is an American citizen, and resides in Georgia, while I am a South African (with German citizenship as well) and want to start the process of applying for a fiance VISA to enter the country by August so we can have our wedding and invite friends and family.

 

Now I want to get some help (this process is so intimidating!)

 

1. Is going through the K1 process and then adjusting my status the best way of getting residency?
2. My fiance earns her income through a 5-year stipend through her university and the annual amount is above 125% of the poverty line. Will this form of income be valid for the sponsorship? (can she also include stuff such as the grants, funding and freelance work?)
3. Would a letter from the university outlining her income be accepted as part of the sponsorship requirements? 
4. I plan on buying property in GA over the next few months so we have somewhere to live, will this impact the process or create any conflicts of interest?
5. How long can I expect to wait for the K-1 VISA?
6. In the event that my first application for an adjustment of status to become a resident is rejected, do I forfeit the money I've paid in or will I be given an opportunity to rectify whatever led to the rejection?

Sorry if this is a word salad, this whole thing is very overwhelming, and I just want to finally after all these years be able to settle down with her. Any help will be appreciated, and I can clarify if my questions are unclear.

Thanks in advance for all your help 
 

I wouldn't make any concrete wedding plans at this point.  Unless you're very quick, I'd aim for September-November.  Best of luck.

[Ash.1101 1,755]

While you may not choose this, I would personally wait to buy a house when I was in the states.

If I was buying a house for the family I just created by getting married, I'd want them to be involved in the process as well. I don't know how ya'll could really be involved in buying a house other than her checking properties out and you seeing them online.

Also it's helpful to note that not all K-1 visas are approved, even for people who think it'll be a smooth ride. You may not want to buy a house before getting the K-1.