Fee Waiver for K1?

[USAfiance 0]

I am applying with my fiancé for a K-1 Visa. I filled out a fee waiver. After looking on the site we can't see that it applies but we are wondering if we should try our luck and send it in with the K1 forms, or should we just send the money?

There is another issue we have, it says on the i-129f form that if my fiancé is here with me we have to put a number on to the i-129f form from the i-94 form, yet we cant find the number. Every time we look on the web for i-94 it sends us to a page for CBP Form 6059B, which is the same, but my fiancé told me that he handed that in when he first arrived, so we area a little confused with that.

Any help and advise is greatly appreciated.

[YuAndDan 153]

The number is PRINTED on the I-94 card.

And why waiver of fee? If you cannot afford the fee, then how will you afford all the other fees including the adjustment of status fee?

http://www.uscis.gov/files/form/i-912instr.pdf (I-129F and I-130 are not listed in the instructions for form I-912 as eligible for waiver.)

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4c30003cf147c210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

[Inky 1,111]

You don't say what country the person came from, that would help explain the I-94 issue.

Also if you can't aford the I-129F fees, like yuandan said, the rest is VERY expensive and you should look into the rest of the process more before doing this.

[USAfiance 0]

I have to pay for the i-192f form and seeing as i am on benefits that is why i asked, my fiancé will be paying the rest as he is saving up money from his job, we can pay the fee it will just mean things will be a bit tighter for us both.

Where on the card is the number, as he says when he was leaving the airport they asked him for the card, so he doesn't have it now anyway, although he does have a blank one.

[USAfiance 0]

we are going to send the forms off after he leaves so the i-94 number wont be required

[pushbrk 12,979]

I have to pay for the i-192f form and seeing as i am on benefits that is why i asked, my fiancé will be paying the rest as he is saving up money from his job, we can pay the fee it will just mean things will be a bit tighter for us both.

Where on the card is the number, as he says when he was leaving the airport they asked him for the card, so he doesn't have it now anyway, although he does have a blank one.

If he has now departed the USA, there's no need for the I-94 number. That's only if he's here on the day you file the petition. Asking for a fee waiver is a very bad idea. Later in the process, not only will you have additional fees but you'll provide an affidavit of support, to show that you qualify financially to sponsor him. This is to assure the Consular officer that your fiance will not become a public charge (need to be supported by other US citizens like the ones helping you here). Depending on the country, you can accomplish this by using a qualified joint sponsor or in some cases the assets or continuing income of the immigrant. Starting the process now by asking the US Taxpayer to pay the filing fee would severely damage your chances of satisfying the public charge concerns later.

[USAfiance 0]

Thanks for your advice. I am on disability and I expect him to support himself, once here. I do not have to say I can support him do I? He plans to get work once here.

[pushbrk 12,979]

Thanks for your advice. I am on disability and I expect him to support himself, once here. I do not have to say I can support him do I? He plans to get work once here.

His plans to support himself will not substitute for a qualified sponsor. If you do not qualify to sponsor him, you'll need to find a cosponsor who does qualify. The sponsor must be willing to sign a binding contract to pay the taxpayers back, if your then husband receives and means tested benefits. The first contract to get the visa is not binding but the second one, after marriage and before your then husband is authorized to work, IS binding.

[YuAndDan 153]

Thanks for your advice. I am on disability and I expect him to support himself, once here. I do not have to say I can support him do I? He plans to get work once here.

If you plan on getting work for the prospective immigrant shortly after coming to the USA then why the K-1?? K-1 is not work autorized, and getting authorized to work can take months to get after arrival, need to marry, and the file to adjust status, and also apply for EAD. EAD and or green-card can take 3 - 4 months or longer to get after applying to adjust status.

If work is a priority the the better visa would be to marry first, and file an I-130 for a CR-1 spouse visa. CR-1 is a GREEN-CARD visa, it gets residency status the moment they arrive in the USA and can immediately seek employment.

CR-1 also costs much less than K-1 when factoring in adjustment of status, about $800 less.

[USAfiance 0]

He is here now. Do you mean marry now? He is only on a visitor Visa. Do you mean he comes back, then we marry and then file this CR-1? We were told the K-1 was the easiest option.

Finding a sponser would be extremely difficult if not impossible.

[Inky 1,111]

You may want to look into finding a co-sponsor before you start the process then because it sounds like you will need one if you don't meet the poverty guidelines for the I-864.

[YuAndDan 153]

He is here now. Do you mean marry now? He is only on a visitor Visa. Do you mean he comes back, then we marry and then file this CR-1? We were told the K-1 was the easiest option.

Finding a sponser would be extremely difficult if not impossible.

YES!

Marry NOW, and forget the K-1, do a CR-1, and file an I-130. This will save you $$$ and will get green-card the moment they arrive in the CR-1 visa.

Nothing stopping a visitor from marrying, unless your state has the SSN requirement, if that's the case, then perhaps a honeymoon in Vegas is in order.

A joint sponsor wont be needed until after the petition is approved.

Guide:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

[USAfiance 0]

Thank you for the help. He is here under the Visa Waiver program and was told by the customs and border person that it would severely restrict him (ie job, school). Can he marry on that and do as you advise? He is here for 2 more weeks.

[USAfiance 0]

Immigrant Visa for a Spouse (IR1 or CR1):

Required Documentation"

Affidavit of Support (I-864, I-864 EZ or I-864W, as appropriate) from the petitioner/U.S. sponsor.

[YuAndDan 153]

Thank you for the help. He is here under the Visa Waiver program and was told by the customs and border person that it would severely restrict him (ie job, school). Can he marry on that and do as you advise? He is here for 2 more weeks.

There is NO restriction getting married, only on immigrating.

Yes can marry now, and you can file an I-130 now, and then he returns home while I-130 is pending, do not overstay the allowed time of the VWP, or will not be able to visit again on VWP.

Immigrant Visa for a Spouse (IR1 or CR1):

Required Documentation"

Affidavit of Support (I-864, I-864 EZ or I-864W, as appropriate) from the petitioner/U.S. sponsor.

I-864 will not be needed for at least 5 months when NVC requests it.

However in all cases even with K-1 the I-864 will be needed when adjusting status.

You will not be using I-864W in any case.