Affadavit of support needed?

[NikiJ 0]

Since we are planning to return to Mexico after getting married under the K1 visa, will we still be required to supply the affidavit of support? If so, when?

I'm slightly confused on this because from what I've read on the boards, the affidavit of support is requested prior to K1 approval, at the interview. However, the USCIS website states it is not requested until filing for change of status after the marriage takes place:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"When do I file a Form I-864 if my fiancé(e), spouse, or child is a “K” nonimmigrant?

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

Can anyone clear this up for me?

Thank you!

[웃 910]

You do not need the affidavit of support until the day of your interview, I know that for a fact. Then when you come to the United States on the K1 visa you will file for adjustment of status. You will again need the affidavit of support at this stage in the process. But I am still not sure what the rules are for marrying in the US on a K1 visa and then getting your green card or advanced parole and living in Mexico. You might want to look into it a bit more just in case. I am not sure if advanced parole gives you a specific time line to travel/live out of the country or not. (I am not that far along in the process yet)

Edited March 26, 2008 by thegreatgate

[malego77 2]

Since we are planning to return to Mexico after getting married under the K1 visa, will we still be required to supply the affidavit of support? If so, when?

I'm slightly confused on this because from what I've read on the boards, the affidavit of support is requested prior to K1 approval, at the interview. However, the USCIS website states it is not requested until filing for change of status after the marriage takes place:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

"When do I file a Form I-864 if my fiancé(e), spouse, or child is a “K” nonimmigrant?

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

Can anyone clear this up for me?

Thank you!

If your fiance/ee comes to USA with a K1 visa she/he cannot return to Mexico at least until she/he gets her/his green card. It'll take 6-18 months. For while she/he will apply for a travel permit but some people said that it's not good advice get out from USA because when she/he can return the people in the border would not accept the permit as a valid document to entry USA.

And yes, you need an affidavit of support for the interview and the last 3 income tax years, if you won't meet the poverty guidelines 125% you can use a co-sponsor. Also, when your fiance comes to USA you need another affidavit of support for the adjustment of status.

in my opinion, If you didn't send any fiance's visa petition yet, you can think better about the best choice for her/he comes to USA because you aren't planning to live in USA permanently and the k1 visa is for she/he will come to USA to get married an relocate to live here. Maybe another good choice will be K3 visa for a spouse, so you can get married in Mexico and apply for her visa as spouse. The basic difference between K1 and K3 is that with the K3 visa she/he can get out of the USA when she/he wants while she/he will be waiting for green card. The K1 visa is for 1 entry to USA... Good luck.

Edited March 26, 2008 by malego77

[NikiJ 0]

Ok, I'm feeling a little more disappointed as I learn more. My fiance and I have been together for 3 years now and our Dr. has now told us we have less than, a slowly decreasing, 5% chance of getting pregnant w/out IVF- a process we cannot begin until we are married- for insurance and more importantly, for religious beliefs of his family (who is having a hard enough time with the idea of IVF -modern marvel to me, but horrifying sin to my new in-laws- go figure...)

Mexico will NOT let us get married because the name differences on my records; although legal in the states, they are not recognized in Mexico (as a disapproving woman in registrars office told me- "women do NOT change their last names from their real father's until they are married." - they would never vote Hillary into office here, you know.)

We previously considered a tourist visa; our lawyer told us not to bother- that we had NO TIES to Mx because our business is internet based, our property is low in value, and I am American- which, according to him, screams, "wants to leave MX!"

So- this leads us to our final option- the K1 visa. Correct me (please!) if I'm wrong and there is another choice here.

Now, if we pursue the K1 visa, according to everything I'm reading in the forums, we absolutely MUST stay in the US following the wedding? Potentially, for several years while waiting for his green card? And even if we try AP, there's a chance he will not be readmitted? Which would leave us at a double loss because, to move to the US for a few years, would require us to all but lose our largest stream of income. Plus, my fiance REALLY feels (and is expected) to be by his mother's side since she is so ill.

Forgive me for sharing so much information but I am at my wits end here. What on earth do people do in situations like this???

Staying hopeful...

Edited March 26, 2008 by NikiJ

[malego77 2]

Thinking in K3 visa: Are the intending imigrant woman?? Or what is the problem about name change?? or for what you want to change it?? The procedures in Mexico to ge married with a foreign person, it's that the US citizen must show a marriage permit from US then, the couple go to the civil registration and they get married after they go to some talks about the marriage... Then, with the Mexican marriage certificate, the US citizen can petition her/his spouse and there would be any problem in US.

k1 visa: yes, the foreign person must get a permit form USCIS for travel outside USA. This permit only allow stay out USA for 1 year. And this permit is for 1 entry too US. In the future when she/he gets her/he green card she/he can travel outside but she/he cannot stay out for more than 6 months... Please someone correct me if i'm wrong.

I wish you would have good luck and good choices.