From K-1 to K-3, or ... ?

[SuicideBlonde 0]

My fiancee and I (she is the petitioner) filed for a K-1 in April. They received the documents on April 20, so tomorrow it will have been 3 months since we embarked on this journey. Our main issue is that the only source of income for her is SSDI. Hence, there is no way for her to prove that she has enough income to ensure I will not become a burden to the state. Neither her mother or her sister are willing to sponsor us at this point so we are in a bit of a bind. I do have $28k in the bank, as well as a duplex in Florida which I own outright and of which the downstairs unit is currently occupied by a renter (as of July 1, with a 1 year lease). The rent at this point in time is only $550, and what ends up in my bank account is only about $400 every month. The upstairs unit will not be ready for rent until February of next year.

Because it seems pointless to wait another few months, only to have our application turned down due to the lack of a sponsor, we have been wondering whether or not we should void it and go for a K-3 or other visa instead. We want to get married and continue our life together in the U.S. It is that simple. I do not know if there are any other options besides the K-3 (perhaps there are lawyer firms or other establishments that would sponsor people in return for collateral and a certain fee?). It would certainly be preferable to continue on our current course so we may be together sooner rather than later. My fiancee and I would love to hear your thoughts on this matter.

Edited July 19, 2010 by SuicideBlonde

[ValerieA 350]

Please refer to this thread, which coincidentally was also started today by someone in a very similar situation to you. Spooky.

My link

Crud wrong thread. Try this one instead.

My link

Edited July 19, 2010 by ValerieA

[SuicideBlonde 0]

Hi Valerie,

Not spooky. Schmoopy is my fiancee. I just thought I would fully explain our current situation and especially the financial part of things. I guess I should have done that in her thread. Do you have any suggestions given the information I have provided above? (do not meet the affidavit of support requirements, no sponsor)

[ValerieA 350]

I don't know the income requirements for the K-1 visa. I quickly tried to read the I-134, but did not suss out where it spelled out how much the USC must make. Since you are on the K-1 visa forum, I am hoping some people there will be able to help you. Out of curiosity, is SSDI a disability insurance income? I will quickly compare your assets to what the I-864 requires and get back to you.

[SuicideBlonde 0]

Hi Valerie,

SSDI = Social Security Disability Insurance/Income. She receives about $10k every year. The minimum requirement for the affidavit for her is $14k. Yes, a stupid $4k is keeping us apart. Just the idea of me becoming a burden of the state is just plain ridiculous. I have never been, and will never be a burden to any state.

[ValerieA 350]

Here is an example from the I-864 form re: assets. You can use your rent on the duplex as income, and both your bank account and your duplex as assets. NOTE: remember again this is the I-864. Someone else will have to chime in on the I-134 requirements for the K-1 process.

Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000.

According to the I-864p, the poverty line for a household of 2 (my assumption of your hh size) is $18,212 for 2009 - I thought they had the 2010 guidelines out, but it is not on their website. Weird.

[ValerieA 350]

OK, just a suggestion - what about signing either your bank account or your duplex over to your fiancee? Then the income/assets would be sufficient, right?

[SuicideBlonde 0]

Hi Valerie,

From a previous thread (http://www.visajourney.com/forums/topic/252648-federal-poverty-guidelines/):

"[..]please please please be aware that any financial transactions are ambiguous, and can be cast in different lights dependent only on the viewpoint of the observer. To you, what you are doing seems perfectly normal. To an immigration officer whose JOB it is to FIND FRAUD, this will be a red flag. As your ability to get the visa depends on the CO's decision, and not your feelings on the subject, I would caution you strongly to avoid this as it can be construed in a very negative light. You can get to the same end by a different and more commonly used means: Self sponsorship. Please research this.

Your fiancee just opened an account, and you're putting in 3x her annual income. Just think about that from a 3rd party perspective for a moment. Surely you can see how fishy it might seem to someone who knows neither one of you?"

and

"If the I-134 requirements cannot be met (and/or a co-sponsor cannot be found) you could consider marrying and having your then spouse submit a CR1 spouse visa petition. This process would utilize the I-864 where your assets can be applied."

The issue is I will only have $24k by the end of the year + $400 in rent every month. I do not know if rent could be used towards the I-864. A renter could step up and leave at any given moment, after all, even when there is a 1 year lease. I also remember from a thread I opened last year that I wouldn't be able to use my house as income, as the income you use towards the I-864 supposedly needs to be readily convertible to cash. On page 2 of the I-864 "The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of theintending immigrant" is mentioned, plain and simple, so one would think I would be able to use *all* assets, both liquid and solid, towards the I-864. It also states: "Assets may supplement income if the consular or immigration officer is convinced that the monetary value of the asset could reasonably be made available to support the sponsored immigrant and converted to cash within one year without undue harm to the sponsor or his or her family members. You may not include an automobile unless you show that you own at least one working automobile that you have not included." A house could be sold and converted to cash within one year, right?

[moleary 2]

Please refer to this thread, which coincidentally was also started today by someone in a very similar situation to you. Spooky.

My link

Crud wrong thread. Try this one instead.

My link

I think this one is related too... spooky indeed.

http://www.visajourney.com/forums/topic/258690-we-filed-for-the-k-1-visa-but/

[Darnell 8,478]

that duplex is no one's primary residence - it's a rental property - so the appraised value could be used.

Usually this income and assets come in, evaluated, on the SPONSER, which is the USC, the petitioner.

In some cases, is possible to include the intending immigrant's assets as well - I think you have a good chance with that since the asset is IN the USA.

Also - on YOUR income (the foreign fiance) - if that income is sustainable after you arrive in the USA - ie - you still receive 24K in income once you've jumped the pond, then it ALSO MIGHT BE POSSIBLE to include that income, as a 'self-sponser'.

Self-sponsering varies by US Embassy - for example - London allowed for it, for some period of time.

You should check with the Embassy where you will interview (I assume it's not the Netherlands) - and ASK THEM if it is possible for YOU to SELF SPONSER on the I-134. The answer to that question SHOULD REMOVE a lot of doubt and ambiguity.

re: assets computation for the I-134 - use the instructions from the I-864 - as the VO will use the same math, from those instructions, for evaluating what's ON the I-134.

Good Luck !

[payxibka 10,045]

Because it seems pointless to wait another few months, only to have our application turned down due to the lack of a sponsor, we have been wondering whether or not we should void it and go for a K-3 or other visa instead. We want to get married and continue our life together in the U.S. It is that simple. I do not know if there are any other options besides the K-3 (perhaps there are lawyer firms or other establishments that would sponsor people in return for collateral and a certain fee?). It would certainly be preferable to continue on our current course so we may be together sooner rather than later. My fiancee and I would love to hear your thoughts on this matter.

It would be pointless to stop the K-1 and start a petition for a new visa, because an affidavit of support is required for them all.... A sponsor must be a qualified person not a company or organization

[Tater&Bugger 3]

Hi Valerie,

Not spooky. Schmoopy is my fiancee. I just thought I would fully explain our current situation and especially the financial part of things. I guess I should have done that in her thread. Do you have any suggestions given the information I have provided above? (do not meet the affidavit of support requirements, no sponsor)

All the info in the other thread is very use full, no one will tell you anything different. The supporting docs for both Visa's will be similar so if you 'need' a sponsor K-1 or 3 won't make a difference, only slow you down by another 11 months or so. Trust what people are telling you and stick with your current path.

Good luck.