No sponsor. Any suggestions?

[KellyandNino 0]

According the statement that you sign a sponsor must:

1. Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size.

2. Consider your income and assets available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits.

A. This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but notlimited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National SchoolLunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

3. If the co-sponsor does not provide sufficient support the immigrant can sue them for that support.

4. If they do not supply the support and end up receiving a means-tested public benefit then the government can sue you for reimbursement.

So my reading of this is that this would not mainly include means-tested public benefits. You can also call the NVC and just ask. The last few times I have called them I have gotten the nicest and most helpful people on the phone.

Take care.

Thanks for that information.

It seems like it would greatly help our chances if I can find a way for her to keep her U.S. job when she enters the U.S. She is currently working as an Independent Contractor and paying taxes in her country of residence. I would think the U.S. would welcome an immigrant on an approved K-1 visa that currently holds a job in the U.S.

I'm going to do a bit of research on what she needs to do in order to keep that job. But I welcome any input that you all may have in terms of foreign immigrant coming into the U.S. with a job already secured. Seems like a unique scenario I suppose.

N

[KimandRuss 0]

In NZ they request the CV/Resume of the beneficiary at the interview. They seem more concerned with the ability and desire of the alien fiance to work once approved to do so in the States. I doubt very much that's the case in SA and I dont think it will help with the question of the affidavit, although it may help to sway the CO's decision regarding the visa.

Russell has his master's in Geology/Chemistry and he did have some prospects here in the States before coming too. I am self-employed and he could have easily worked for me too BUT until that EAD is good to go it is simply not legal.

[KellyandNino 0]

In NZ they request the CV/Resume of the beneficiary at the interview. They seem more concerned with the ability and desire of the alien fiance to work once approved to do so in the States. I doubt very much that's the case in SA and I dont think it will help with the question of the affidavit, although it may help to sway the CO's decision regarding the visa.

Russell has his master's in Geology/Chemistry and he did have some prospects here in the States before coming too. I am self-employed and he could have easily worked for me too BUT until that EAD is good to go it is simply not legal.

Ahh, I see. Ok, thank you.

I just found this: Work permit

I guess the only issue is that she'd have to wait until we are married and file the I-485, for her to file for a work permit. I'm sure the company at which she is presently employed may not want to wait that long for her to come back to work.

I understand the reasons why the U.S. makes it difficult to bring immigrants into the country. But geez, if you are approved for a K-1 visa, why not let the immigrant work instead of going through more red tape. Sheesh.

[Minya's wife 25]

According the statement that you sign a sponsor must:

1. Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size.

2. Consider your income and assets available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits.

A. This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but notlimited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National SchoolLunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

3. If the co-sponsor does not provide sufficient support the immigrant can sue them for that support.

4. If they do not supply the support and end up receiving a means-tested public benefit then the government can sue you for reimbursement.

So my reading of this is that this would not mainly include means-tested public benefits. You can also call the NVC and just ask. The last few times I have called them I have gotten the nicest and most helpful people on the phone.

Take care.

Thanks for that information.

It seems like it would greatly help our chances if I can find a way for her to keep her U.S. job when she enters the U.S. She is currently working as an Independent Contractor and paying taxes in her country of residence. I would think the U.S. would welcome an immigrant on an approved K-1 visa that currently holds a job in the U.S.

I'm going to do a bit of research on what she needs to do in order to keep that job. But I welcome any input that you all may have in terms of foreign immigrant coming into the U.S. with a job already secured. Seems like a unique scenario I suppose.

N

Its not a matter of having a job already secured, it is a matter of eligibility to work with the K-1 visa, which is where the problem comes in. Coming to the US on a K-1 visa, you are work authorized for the initial 90 days(the period you're allowed to be in the US before which you must either marry your petitioner or leave the country) but only w/ DHS authorization. This means either a temporary work authorization stamp in your passport (only given out at JFK as far as I know, and even there....I don't think its done all the time) or applying and getting an employment authorization once your fiancee arrives here. Since it can take 90 days to receive said employment authorization it can be a complete waste of time and money and still no authorization to work. Once you marry your [now] wife will be applying to adjust her status based on the marriage to you and will receive work authorization/green card upon approval of that application.

-P

[Minya's wife 25]

I understand the reasons why the U.S. makes it difficult to bring immigrants into the country. But geez, if you are approved for a K-1 visa, why not let the immigrant work instead of going through more red tape. Sheesh.

Because the K-1 is a non-immigrant visa...it has the 'immigrant intent' attached to it, but not all the 'benefits'.

-P

[KellyandNino 0]

Yup, that makes sense.

I read the same thing on the USCIS website. Just a bummer that she has a legit job and the U.S. would probably cause her to lose that job just because of the red tape she has to go through to secure a permit.

I wonder approx how long the process would take provided we marry immediately, file the I-485, and then file for the work permit immediately. I might be able to ask my friend at the company to give her some leeway while applying for the visa. But I doubt they would wait more than 30 days or so.

[Minya's wife 25]

Yup, that makes sense.

I read the same thing on the USCIS website. Just a bummer that she has a legit job and the U.S. would probably cause her to lose that job just because of the red tape she has to go through to secure a permit.

I wonder approx how long the process would take provided we marry immediately, file the I-485, and then file for the work permit immediately. I might be able to ask my friend at the company to give her some leeway while applying for the visa. But I doubt they would wait more than 30 days or so.

Let me give you our example. My husband arrived on a K-1 on August 1 and had an EAD approved in early February of the next year. Now we did wait a month and a half before we married, but even so....it took a few months.

-P

[Old Dominion 26]

It is my feeling that she can continue working for the same employer, as long as her paychecks continue to be deposited in Portugal and she pays the necessary taxes there. As soon as she gets the EAD and has a SSN, that's the time to switch where her income is deposited to a US address.

We all march to different drummers, but not many people with marital intentions would postpone getting that next job. If your field is public relations, that's a function that is low on any employer's list of budget priorities. "Last to know, first to go" is the old expression.

[KellyandNino 0]

We all march to different drummers, but not many people with marital intentions would postpone getting that next job. If your field is public relations, that's a function that is low on any employer's list of budget priorities. "Last to know, first to go" is the old expression.

Thanks again for the concern. But as I said, I'm not really worried about that next job. I'm 28 yrs old with 7 years experience in management and 3 years at Director level. Public relations isn't my field, it's community and support. The web 2.0 industry is one of the hottest markets at the moment and it will only get bigger. Professionals with community experience are highly sought after.

I believe right now is the worst time to get a job, even if I wasn't bringing over my girlfriend on a K-1 Visa. Right now our country is in limbo. We have a very capable president coming into office, with awesome plans. And we have an idiot in office at the moment.

Obama is going to need time to bring faith back to the businesses of the U.S.A. Many companies are waiting to see what happens over the next 6-12 mos. I'd rather apply after some initiatives have been set in motion, rather than at a severe state of uncertainty.

If things are worse when I get back, then honestly, I'd rather move out of the country all together. ;-)

Edited January 14, 2009 by KellyandNino

[KellyandNino 0]

On a side note, my brother just agreed to become a co-sponsor. Awesome. He has a decent income (over 100k), so I'm sure that should be more than enough to be approved.

Thanks again everyone for the feedback and concern. I have a positive outlook that all will work out.

[KimandRuss 0]

Closed at the request of the OP.