Jump to content
rsatousathedream

K1 VISA Application & Residency

10 posts in this topic

Recommended Posts

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 
 

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites
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 
 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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. 


 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×