My fiance is 19, Can She Apply for K-1

[Donald-n-Analyn 6]

Also, to "ineedmylover" and others lurking and thinking about posting.

In a perfect world, it shouldn't matter what country you live in, were born in, or any other aspect of your cultural background. Unfortunately, in immigration, and especially family based immigration, it does matter quite a bit. You have nothing to gain, and a lot to lose, in the usefulness of the responses, by omitting these details. And, if you omit these details, the respondents will typically assume that you are from a high fraud country.

In other words, when asking open ended questions such as "which immigration route if the best for us?", please post as much background information as you can. Such as your country of birth, current residence, and maybe even how you met.

One other point to "ineedmylover", you stated that you had an "aunt and an uncle which will support me and my finance financially". Unless your relatives are U.S. residents, they can not legally co-sponsor your immigration. They may contribute all they want, but the USCIS will not consider such support to meet the requirements of financial obligation.

Take care!

[edited for typo and additional commentary ]

Edited April 21, 2010 by Donald-n-Analyn

[ineedmylover 0]

Going a little deeper.

If you chose to file for a K-1, the others have told you about the two step process.

Step 1 is for the USC to file a peition for alien finace(e) to the USCIS. In all reality, this is the easy step. It has minimal requirements. You must prove that you have met in person within the past two years, provide proof of meeting, an application (I129f), Bigraphic background info for each of you (G325a), a letter of intent to marry form each of you, and a few other documents from the USC. It's generally not to difficult to get past this (provided you complete the paperwork properly and have proof of your meeting (save any baording passes, receipts and things that can show the two of you in the same place at the same time, as well as some pictures.

Step 2 is typically much more difficult. If Step 1 is approved, the petition will make its way to the consulate. Depending on what country you are from does make a difference here too. Some consulates are much more difficult that others. During this step, the consulate will send the beneficiary a list of instructions and forms to complete (visa application). The application is submitted to the consualte and then they send further insructions for items and documents that are needed for an interview. The burden is upon the two of you at the interview to provide sufficient documentation and proof that you have a real and factual relationship. This is the tough part. In some countries one visit may be enough, in others it may not be enough. There are alot of supporting documents that need to be obtained and the USC will need to show he can support you.

This is a general overview. If you chose to get married and file CR-1, it is a little different but you still have the burden of proving that your relationship is factual and real. It may sound silly but this is where most people fail. Not because they do not have a true relationship but because they fail to provide sufficient evidence to convince the Consular Officer that this is true.

It can be a very stressful process so you want to be mentally prepared for everything.

If you let the VJers know what counrty you are from they can inform you of more specific hurdles you may have to overcome particular to that country. There is not equality for all in this process unfortunately.

I'm not trying to scare you or anything, just want you to know that it can be a challenge. The better you prepared and the more you understand the better your chances.

Your both young and have some challenges ahead of you - be prepared.

Best Wishes

Thank You Thank You...Love the replies. Yes i have realized that the process is not easy at all. Im in Jamaica. As i get deeper into things i realize that the best thing for us is to get married then do the CR-1, but we arnt living together so that might be a big problem as i read that if we are merely living together we arnt qualified.

@ "Donald-n-Analyn" Firstly Im Jamaican and still living in Jamaica, We met approximately 9 yrs ago in school, then she went to the US and is now a citizen. We are planning to see each other at least once this year with then intent of getting engage or married base upon which route we choose to take. Also my aunt and uncle are not residents. Another question if i choose CR-1 route will she have to be in Jamaica with me for the interview?If we getting married we plan to have a private wedding will that be ok?And How long after we are married can we start the process?

And why i said we cant afford traveling is because she works and will not be able to get allot of time off to visit me.If she does it is no more than two weeks.

[TracyTN 237]

Thank You Thank You...Love the replies. Yes i have realized that the process is not easy at all. Im in Jamaica. As i get deeper into things i realize that the best thing for us is to get married then do the CR-1, but we arnt living together so that might be a big problem as i read that if we are merely living together we arnt qualified.

@ "Donald-n-Analyn" Firstly Im Jamaican and still living in Jamaica, We met approximately 9 yrs ago in school, then she went to the US and is now a citizen. We are planning to see each other at least once this year with then intent of getting engage or married base upon which route we choose to take. Also my aunt and uncle are not residents. Another question if i choose CR-1 route will she have to be in Jamaica with me for the interview?If we getting married we plan to have a private wedding will that be ok?And How long after we are married can we start the process?

And why i said we cant afford traveling is because she works and will not be able to get allot of time off to visit me.If she does it is no more than two weeks.

Where did you read that? Regardless, don't always believe everything you read.

A read of the guide and flowchart for the CR1 would be prudent. It doesn't matter what type of wedding you have, so long as it is recognized in the US as a legal union. You can file the I 130 the day after you marry in theory - though you may not have the marriage certificate in hand at that time, which obviously you'd need to prove the marriage.

And no, your wife doesn't have to be there for the consular interview - though some countries are pickier about that than others. You'll want to see what those going through Kingston on CR1s recommend.

http://www.visajourn...tent/i130guide1

http://www.visajourn...wchart_v1-2.pdf

*edited to fix tag*

Edited April 21, 2010 by TracyTN

[pushbrk 13,416]

Where did you read that? Regardless, don't always believe everything you read.

A read of the guide and flowchart for the CR1 would be prudent. It doesn't matter what type of wedding you have, so long as it is recognized in the US as a legal union. You can file the I 130 the day after you marry in theory - though you may not have the marriage certificate in hand at that time, which obviously you'd need to prove the marriage.

And no, your wife doesn't have to be there for the consular interview - though some countries are pickier about that than others. You'll want to see what those going through Kingston on CR1s recommend.

http://www.visajourn...tent/i130guide1

http://www.visajourn...wchart_v1-2.pdf

*edited to fix tag*

Right, slow down, relax and study the guide and I-130 instructions and have your fiancee do the same. When you both do your study, read carefully and interpret literally. A question about where you last lived together is just a question. If the answer is that you haven't, so be it. It's quite common in international relationships for newlyweds not to have resided even in the same country yet. When you read "in addition to the required..." interpret the list that follows as simply "not required".

[Bernie C 24]

Am I missing something here. She is 19 and you met 9 years ago in school, that would have made her 10 years of age. How old are you?

When did you start communicating or have you been in contact all along? I'm not trying to pry into your personal details but a CO might and very deep.

Just trying to figure out how and when the "relationship" started. You will have the burden to prove this and as mentioned, its not so easy as it sounds.

As far as K-1 or CR-1, in either case it is the USC who initiates the process, a petition for aliens finace(e) or petition for alien spouse. Applying for a visa (by the beneficiary) only comes after the initial petition is approved.

[LIFE'SJOURNEY 970]

^^^ there are many missing pieces to this puzzle.. The Aunt and Uncle are only Residents, not USC.

[ineedmylover 0]

Am I missing something here. She is 19 and you met 9 years ago in school, that would have made her 10 years of age. How old are you?

When did you start communicating or have you been in contact all along? I'm not trying to pry into your personal details but a CO might and very deep.

Just trying to figure out how and when the "relationship" started. You will have the burden to prove this and as mentioned, its not so easy as it sounds.

As far as K-1 or CR-1, in either case it is the USC who initiates the process, a petition for aliens finace(e) or petition for alien spouse. Applying for a visa (by the beneficiary) only comes after the initial petition is approved.

I am 20. well after she left we didn't communicate at all until we found each other a couple months ago after years of trying to find each other..after finding each other and we start communicating then we decide to start a relationship and now we are at the point that we want to be married and be together.

[ineedmylover 0]

^^^ there are many missing pieces to this puzzle.. The Aunt and Uncle are only Residents, not USC.

No they arent residents, But they are Citizens..

[LIFE'SJOURNEY 970]

Thank You Thank You...Love the replies. Yes i have realized that the process is not easy at all. Im in Jamaica. As i get deeper into things i realize that the best thing for us is to get married then do the CR-1, but we arnt living together so that might be a big problem as i read that if we are merely living together we arnt qualified.

@ "Donald-n-Analyn" Firstly Im Jamaican and still living in Jamaica, We met approximately 9 yrs ago in school, then she went to the US and is now a citizen. We are planning to see each other at least once this year with then intent of getting engage or married base upon which route we choose to take.

Also my aunt and uncle are not residents

. Another question if i choose CR-1 route will she have to be in Jamaica with me for the interview?If we getting married we plan to have a private wedding will that be ok?And How long after we are married can we start the process?

And why i said we cant afford traveling is because she works and will not be able to get allot of time off to visit me.If she does it is no more than two weeks.

Sorry mis-read this statement.

[Tater&Bugger 3]

From the sounds of it you are really going to have to work hard to prove this relationship. Since you have not seen each other since childhood I would recommend before jumping the gun that you take the financial pain in the bum and have a few visits to make sure that you are not only right for one another, but that you are right enough to take this bumpy and expensive road.

[ineedmylover 0]

From the sounds of it you are really going to have to work hard to prove this relationship. Since you have not seen each other since childhood I would recommend before jumping the gun that you take the financial pain in the bum and have a few visits to make sure that you are not only right for one another, but that you are right enough to take this bumpy and expensive road.

We are gonna meet this year...

Thanks for your reply..

[LIFE'SJOURNEY 970]

From the sounds of it you are really going to have to work hard to prove this relationship. Since you have not seen each other since childhood I would recommend before jumping the gun that you take the financial pain in the bum and have a few visits to make sure that you are not only right for one another, but that you are right enough to take this bumpy and expensive road.

I suggest that the USC read the guidelines for this process and be clear on the obligations she will have to commit to. But first you both will have to bare in mine that the USC will have to visit you.

[Bernie C 24]

Ahh I got it finally. Childhood friends, separated for years, find each other, ohh I get goosebumps - its the making of a great love story.

The good news is your both young. I can imagine how much you are anticipating your upcoming meeting.

We are obviously not your parents or family but I would recommend seeing how things go after your meeting. You have time, I know nobody want to hear that but in reality you have some challenges ahead. I don't know how difficult the Jamaican consulate is but I dont think its a puchover.

Your really going to want to establish a very strong case for yourselves. You have options and time to think about them and read and learn about the process of immigration through fiancee or spousal petition and visa.

Establishing the proof required may take more than one visit, may not. Others who have been throught he Jamaican consulate can give you a better idea there.

In any case, I wish you both the best. As you move along and learn, and after your meeting, make sure you keep us posted (if you'd like).

If your love is true it will be forever and no time or distance can remove it.

[ineedmylover 0]

I suggest that the USC read the guidelines for this process and be clear on the obligations she will have to commit to. But first you both will have to bare in mine that the USC will have to visit you.

Both of us?

[Phayamoa 0]

IMPORTANT:

If the Petitioner (US citizen who puts forth the K-1 Visa application) does not earn an income that is equal to or greater than 125% of the US Census designated 'Poverty Threshold' for two persons, approximately, $14,570 for two people w/o children under the age of 65. At 125% of poverty threshold, one will need to make $18212 USD. If your loved one did not make this amount or greater for 2009 taxes, or until he/she makes this much money you will get turned down!

Sources:

1. Me, I was in college and a foreign embassy required evidence of a means to support the beneficiary (my fiancee). I had to wait until I finished college until I began making income. It took me three years to bring my fiancee over. I was a US military member, so I only needed to meet 100% of the poverty threshold which was AWESOME!!!!!

2. http://en.wikipedia.org/wiki/Poverty_in_the_United_States