When to apply?

[dukeandduchess 141]

Hello!

We are just beginning a long journey and I wanted some advice on when my fiancee and I should think of applying. I've been reading a lot of information on the website but was hoping for some feedback for our situation.

My fiancee (American) and I (Canadian) both recently graduated university and have been working minimum wage jobs. My fiancee (who would be the applicant) has been accepted to do a teacher training program that will be starting shortly and lasts for one year. I am currently working full-time retail and applying for jobs that are specific to my degree. My fiancee has focused on school and got his job in February right after he graduated and will continue working part-time while he does his one year of teacher training.

My question is: is it pointless to apply for the fiancee visa before he gets a higher paying job?

We have thought about asking his parents to cosponsor but I am worried that the lack of past income on his part would look really bad for us. It is his first job because he has always focused on school and used scholarships to pay for tuition and other expenses. Does the fact that he has a degree and is going back to school count for anything?

Just hoping for some feedback and advice that will help get us ready to apply.

Thank you very much for your time

[Inky 1,110]

Degree and school dont mean anything in the visa process. Lack of income doesnt mean anything IF you can get a co-sponcer. If you meet the requirements with a co-sponcer than file. Its up to you if you want to get married and be together or stay appart longer.

[Audy_Rob 26]

You would only use ONE of his parents, not both for the I-134 which is applicable for K-1 visas.

The requirements for the joint sponsor are they must be a US Citizen, US National or LPR. They must qualify in income or assets as the joint sponsor and they must be domiciled in the US.

Your fiance, the American, is not the applicant. He is the petitioner, i.e. he files the I-129F petition asking the US Government for the right to allow you to be the applicant for a K-1 visa. You the Canadian are the applicant.

Good luck.

[HeatDeath 430]

If [one of, not both, you only need/can get one individual cosponsor] your fiance's parents are qualified to be a cosponsor, your fiance's lack of work history will not be an issue. We were in a very similar situation: my USC now-wife had not worked (for school and health reasons) for several years prior to sponsoring me, so we asked her mother to be our cosponsor. The consular officer at the US consulate in Vancouver [where I interviewed] expressed some mild concern that I wouldn't have health care immediately until I could get a job, but she said they can't deny you just for that (at least not in Canada - other countries may have sticker CO's).

[Technically, I suppose, the I-864 your cosponsor signs requires them to ensure you have some form of medical support, inasmuch as they do [even if it's only their chequebook] Your cosponsor isn't allowed to allow you to become a public charge, so I guess that includes medical bankruptcy.]

[Hendea3 4]

Just an FYI the income requirements are 125% above the poverty level, which for a 2 person household (ie just you and your fiance) is something fairly small (I cant remember the exact number but it is above $18k adn below $19K a year). To meet this requirement you can use assets ie. if the usc has a life insurance plan they take into account the cashable value, if the usc ahs any stocks or bonds, how much is in their bank accounts...as long as this all adds up to meet the minimum requirement then you should be ok. BUT if you are worried that it still doesn't meet the requirement and someone is willing to co-sponsor then its always better too have too much then too little....