Very Confused and very limited

[Sak 0]

Hello Everyone and anyone that reads this and gives me a clue on how to start.

I am a Canadian citizen, Pakistani Born 28 year old female. I am in love with this man from Houston and I have visited him twice in the past year and he has also come to Vermont on a 3 day weekend to visit me. He does not yet have his passport so the furthest he could get was Vermont. Here is my situation. When I was 9 years old my parents moved us all to the USA. Dad was given an H1 work visa I believe that's what its called and through my father we all received SSN cards(which I always keep on my person). On my last visit I was denied entry for visiting the USA. CBP asked me why don't I just marry the guy and I said I have no intentions of getting married right now. I just want to visit him before school starts for me in January. Then I was given another B-2 visa and he asked to check my bags and purse. He found my SSN card and then refused me entry and gave me a withdrawal of application for admission/consular notification. After my boyfriend and I started talking about getting married because time away from him is getting really hard and I don't want to be without him. We are now looking into the K-1 process but I have 2 major question. I am not a high school graduate and right now going through home schooling/adult education to finish school and get my leaving certificate in Montreal Quebec. Will this make it impossible for me to eligible for a K-1 fiancee visa? Also my boyfriend was previously married and divorced he pays child support for 2 children. Does he have to declare that on his affidavit of support? So will he then have to say on the affidavit that he supports 3 kids and himself or the 2 kids that live with the mom don't count? VERY CONFUSED ABOUT THAT ONE....... to support his 3 kids, himself and me? Right now he is making 29 thousand a year and I am not sure if that is above the 125% poverty line because if he has to declare his 2 kids that he pays child support for hen he will not meet the requirements. Anyone that can give me some answers would be highly appreciated.

[Anh map 2,098]

If he claims his children on his US income tax return then they would be counted as household members on the affidavit of support.

There is no educational requirement for immigration.

Do some reading in the Guides here on VJ to familiarize yourselves with the process and needed forms.

Some consulates require 125% of the poverty level for a K visa, others follow the 100% guideline. Check with the US Consulate in Montreal and/or the Canada regional forum here on VJ for what is typical.

Best of luck

[Sak 0]

If he claims his children on his US income tax return then they would be counted as household members on the affidavit of support.

There is no educational requirement for immigration.

Do some reading in the Guides here on VJ to familiarize yourselves with the process and needed forms.

Some consulates require 125% of the poverty level for a K visa, others follow the 100% guideline. Check with the US Consulate in Montreal and/or the Canada regional forum here on VJ for what is typical.

Best of luck

Thank you so much for replying. I was just really really worried about my educational back ground. At the moment I am on umeployemnt due to job loss at the beginning of this year. Will this matter also?

[Danu 19]

If he claims his children on his US income tax return then they would be counted as household members on the affidavit of support.

There is no educational requirement for immigration.

Do some reading in the Guides here on VJ to familiarize yourselves with the process and needed forms.

Some consulates require 125% of the poverty level for a K visa, others follow the 100% guideline. Check with the US Consulate in Montreal and/or the Canada regional forum here on VJ for what is typical.

Best of luck

Thank you so much for replying. I was just really really worried about my educational back ground. At the moment I am on umeployemnt due to job loss at the beginning of this year. Will this matter also?

Nah, for us they don't care what level of school you have or if you are working, as if you were to move you would lose that job anyway. The only things of all this that may matter is the support. http://www.uscis.gov/files/form/I-864P.pdf that site has the guidelines for support. Even for 4 people the 125% is 27,562 so if hes making 29k you should still be ok.

[Sak 0]

OH THANK GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am so very happy and I thank you all for your quick replies and support. I am trying to finish school at home and trying to look for jobs. CROSS YOU FINGERS that I find one. I LOVE YOU all here on VJ and best of luck for all of you

[Sak 0]

OH THANK GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am so very happy and I thank you all for your quick replies and support. I am trying to finish school at home and trying to look for jobs. CROSS YOU FINGERS that I find one. I LOVE YOU all here on VJ and best of luck for all of you

What about me being denied entry into the US? Will that cause problems when filing for K-1?

[Danu 19]

OH THANK GOD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I am so very happy and I thank you all for your quick replies and support. I am trying to finish school at home and trying to look for jobs. CROSS YOU FINGERS that I find one. I LOVE YOU all here on VJ and best of luck for all of you

What about me being denied entry into the US? Will that cause problems when filing for K-1?

It shouldnt as long as you are very honest about it, quite a few ppl on here have been denied entry for lack of ties or stuff, so as long as when they ask you explain the circumstances just as you did here, it shouldnt be an issue at all.

[trailmix 77]

Hi and welcome!

Edited October 6, 2009 by trailmix

[Udella&Wiz 325]

I am curious - if your boyfriend pays child support and you're worried about him having to decalre it on the affidavit because he'll be under the limit - how do you expect him to support you when you get there?

Just a valid question - if he doesn't have the money now, he's not going to have mor when you arrive and have to live off him for a couple months until you can work, right? You might have to use an alternate person or in addition to your boyfriend on the affidavit to get the right amount of income $$$$

[thetreble 19]

Yes, one has to keep in mind that there is the immigration process on paper, and then there is the immigration process in reality.

Also, I don't think this is a normal case of being denied entry for lack of ties. I mean, there are elements of that here but here is an individual who moved from Pakistan to Canada, from Canada to the US, back to Canada, and now trying to essentially go back to the US. People live transient lives but in today's world, it doesn't always look so good.

Also, you said you didn't want to get married. I don't advocate of getting married out of necessity. If you are not ready to get married then simply don't because it could literally ruin your life and ruin your immigration chances in the end.

I'm not sure when you met this guy, but I would just say to take things slow and really think about all of this stuff. This is not something you want to do on a whim or just because you feel like you can't be without someone. It's much more complicated then that.

[Nina~ 431]

I agree with thetreble to take things slow with the guy. I live in the Houston area, and although the cost of living is cheap here, it is still going to be very difficult for both of you to live on $29k per year plus pay child support unless you can find work and help pay the bills. If you are coming in on a k1 visa, it is going to be impossible for you to start working right away because you will need to wait to get married and get your EAD. So make sure that your fiance can provide for you at least for 6-12 months. Also, getting your highschool diploma will help you in the long run to get you a better job. So take it slow, and think things through before you decide to move.

[Udella&Wiz 325]

I agree with thetreble to take things slow with the guy. I live in the Houston area, and although the cost of living is cheap here, it is still going to be very difficult for both of you to live on $29k per year plus pay child support unless you can find work and help pay the bills. If you are coming in on a k1 visa, it is going to be impossible for you to start working right away because you will need to wait to get married and get your EAD. So make sure that your fiance can provide for you at least for 6-12 months. Also, getting your highschool diploma will help you in the long run to get you a better job. So take it slow, and think things through before you decide to move.

Excellent advice on getting the high school diploma or equivalent. You'll have a hard time getting anything other then a very low paying job, it's just a fact.

[Sak 0]

I am working on getting my diploma at this moment. It will take me about 6 months to acquire it. I have known my boyfriend for 12 years. We lost touch 10 years ago. He then got married to someone else and had 2 beautiful boys. Now he is divorced and back in my life. We want to start the paperwork soon, but he is also looking into going back into the military. He has 3 children in total. One lives with him and he gets child support for her and claims her on his income tax returns but the two boys live with there mother and he does not claim them on his tax returns, he just has to show that child support is paid. Is that an issue since he is only making 29k/ year?

I was born in Pakistan, then moved to the US at the age of 9 when my father get his H-1 Visa. I did some elementary and middle school in the states. Then my fathers Visa expired so we applied for immigration to Canada (that's when everything regarding education went downhill) and I have been in Canada since 1995. I am sure that my boyfriends mother will sponsor us for the affidavit of support if needed. We decided to get engaged after I was refused entry to the USA. The whole reason for me visiting the last time was to see if I can even handle being with him and being married and I realize that yes I can and I don't want to loose him over immigration so we are in it for the long haul. Any input you have would be greatly appreciated and most welcomed. Thank you all for such knowledgeable responses.

[Nina~ 431]

Let me rephrase what I said... $29k per year is probably enough to sponsor you for a K1 visa, however in reality it is not enough to live on considering he has 1 child at home and 2 other child support payments.

You also dont need a highschool diploma for a k1 visa, but in reality finding a good paying job without a highschool diploma is going to be very very difficult.

Just my 2 cents, ask you fiance to get a passport and visit you in Canada till you can get your education and other things sorted out before moving here.

[Sak 0]

Hi Nina,

I understand that it will be a little difficult. He is actually coming to visit me in November, so I am happy about that. The time it takes to actually wait for the K-1 to approved will be ample time for me to finish school and be ok. Plus I have some money saved up so being there and not being able to work wont be a very big issue. Thank you for your 2 cents (advise is what I rather call it ) Like I said earlier money to me is not an issue, Being with him is.