K1 Process, return to foreign country and more

[unavail 0]

Me and my fiancee are currently residing in the UK, where she is a resident and I am on a six month tourist visa; we both want to travel to the US in the beginning of August/end of July.

I have a few questions here:

1) Regarding proof of financial support, I work as a computer consultant on an exclusive contract with a company, and therefore for tax purposes I would be self-employed.

However since I have only started with this company late last year (where I did not even make enough money to file a tax return), I don't have any documentation to prove this.

I am sure that my employer (read: exclusive client) can provide a letter stating my salary, but I would not have any W-2 forms to provide alongside with it, since I am not technically an employee. I can provide receipt printouts though. Can/Should I just file an early tax return for 2011?

Additionally, I don't exactly know *when* to actually file the I-134 form.

We are planning to send out the I-129F and associated G-325A forms ASAP, however I am wondering whether I'll need something else along with it (e.g. the I-134 form) as well.

2) We hope to spend as much time together as possible. Initially we were thinking about doing a B2/VWP -> AOS, however my research on this shows that this is both illegal and risks a ban, so this is out of the question.

While a K-1 would require a return to the UK for my fiancee, we were thinking we might be able to spend some time in the US together either on the VWP, or more likely, on a B-2; hoping that she will have had her K-1 approved before the B-2 itself expires.

This means that she would need to go back to the UK for a given period of time and then return to the US on her new K-1.

While this is feasible and allowable legally (or so I have come under that impression), how much time would she actually have to spend in the UK on her return?

Also, regarding the B-2, it would be a waste to purchase a two-way ticket when the date of her return would be unknown - would it be proof enough to show at the POE that we have applied for a K-1 and she plans to return to the UK at some point in the future?

3) How much proof does she need to present at the interview? We live together and are holders of a lease agreement on an apartment, but we don't have much in the way of photos, emails, or letters (the only thing we actually have is a facebook status, which apparently nowadays is quite a statement). Would the fact that we've been living together for a while be good enough?

4) Not really related to K-1, but my visitor visa to the UK will expire in about a month.. any suggestions on how to handle this?

Edited May 8, 2011 by foobarbaz

[payxibka 10,048]

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Edited May 8, 2011 by payxibka

[Helen Louise Pile 80]

Me and my fiancee are currently residing in the UK, where she is a resident and I am on a six month tourist visa; we both want to travel to the US in the beginning of August/end of July.

I have a few questions here:

1) Regarding proof of financial support, I work as a computer consultant on an exclusive contract with a company, and therefore for tax purposes I would be self-employed.

However since I have only started with this company late last year (where I did not even make enough money to file a tax return), I don't have any documentation to prove this.

I am sure that my employer (read: exclusive client) can provide a letter stating my salary, but I would not have any W-2 forms to provide alongside with it, since I am not technically an employee. I can provide receipt printouts though. Can/Should I just file an early tax return for 2011?

Additionally, I don't exactly know *when* to actually file the I-134 form.

We are planning to send out the I-129F and associated G-325A forms ASAP, however I am wondering whether I'll need something else along with it (e.g. the I-134 form) as well.

2) We hope to spend as much time together as possible. Initially we were thinking about doing a B2/VWP -> AOS, however my research on this shows that this is both illegal and risks a ban, so this is out of the question.

While a K-1 would require a return to the UK for my fiancee, we were thinking we might be able to spend some time in the US together either on the VWP, or more likely, on a B-2; hoping that she will have had her K-1 approved before the B-2 itself expires.

This means that she would need to go back to the UK for a given period of time and then return to the US on her new K-1.

While this is feasible and allowable legally (or so I have come under that impression), how much time would she actually have to spend in the UK on her return?

Also, regarding the B-2, it would be a waste to purchase a two-way ticket when the date of her return would be unknown - would it be proof enough to show at the POE that we have applied for a K-1 and she plans to return to the UK at some point in the future?

3) How much proof does she need to present at the interview? We live together and are holders of a lease agreement on an apartment, but we don't have much in the way of photos, emails, or letters (the only thing we actually have is a facebook status, which apparently nowadays is quite a statement). Would the fact that we've been living together for a while be good enough?

4) Not really related to K-1, but my visitor visa to the UK will expire in about a month.. any suggestions on how to handle this?

Read this:

http://www.visajourney.com/forums/topic/300-general-k1-guides-and-info/

1. Self employed people require tax returns. I don't know too much about this but you may want to think about having a co-sponsor. I am sure someone else can give you better advice on this

You don't file the I-134 until the interview stage so it will be a couple of months. It has been suggested here before that the USC get another, job in the interim to cover the minimum poverty requirements.

2. What would the advantage of getting a B2 visa be over the VWP? Check out the current processing times for your service centre because it took less than 3 months for our NOA2 to come. I was able to be in the US for 88days on the VWP and when I got back to the UK I was able to organise all the appointments, forms and the interview as soon as I got back. It took 8 weeks from then for me but this is different for everyone. I would suggest being organised and knowledgeable about this process when you begin so that you can be prepared for anything that comes up. Visajourney has a lot of step-by step guides to help.

I don't know about the B2 visa, but turning up at your POE without a return ticket might be a huge red flag.

3. My fiance and I also lived together in the UK. We provided our council tax bill and a few pictures and were not asked for any further evidence. The pictures we provided were with each others families and included breadth of time. You send copies of this with your I-129 form.

4. I imagine if your visa in the UK is up you'd have to leave, right?

Good luck with everything!

I know that you don't want to be apart...everyone here get's that...but really it will (most likely) only be for a short time in the grand scheme of things

[Nich-Nick 3,355]

Just a couple of comments--

For London you do NOT have to have a tax return or W2. Just prove you make over the $18K with the employer letter and pay receipts. DO NOT get a co-sponsor or another job as suggested. Not needed. The financials go to her interview so not an immediate concern.

For London you do NOT have to present any proof of your relationship at the interview. Your proof will go in with the I-129F to USCIS and you are mainly proving

• you are free to marry (so divorce papers if necessary)
  
• you intend to marry (letters of intent from both)
  
• you have met in person within the last two years (passport stamps showing you to the UK, maybe ATM or charge purchases on your bill showing you in her town)
  

Facebook isn't hard proof of those things. A couple of photos together is nice. USCIS isn't so concerned with reading love letter emails, but wants something proving those basic requirements. Again, London is different from other consulates--no proofs of relationship needed at interview.

[Shorah 2]

2. What would the advantage of getting a B2 visa be over the VWP? Check out the current processing times for your service centre because it took less than 3 months for our NOA2 to come. I was able to be in the US for 88days on the VWP and when I got back to the UK I was able to organise all the appointments, forms and the interview as soon as I got back. It took 8 weeks from then for me but this is different for everyone. I would suggest being organised and knowledgeable about this process when you begin so that you can be prepared for anything that comes up. Visajourney has a lot of step-by step guides to help.

Keep in mind theres no guarantee on how long you will wait for your NOA2. Helen was lucky to only wait less than 3 months. I waited almost 5 and there are alot of other people waiting over six months right now. Sorry not to be a buzzkill or anything but try to be realistic about your wait times. I remember when mine started I thought it would be so much faster and was sorta crushed to find out the reality of things. There is no rhyme or reason to how the service centers process applications right now which has been a source of frustration to many people.

You also might want to look into getting married while you are still there and filing for a CR1. I dont know alot about it so I'm not sure if it would be right for you but worth checking out.

Good Luck with everything

[unavail 0]

(Reply from 'the fiancee'):

These answers have been helpful so far, and relieved some of our worries about 'proof' and it sounds like London isn't as strict as what we've read about which is good. And we really are trying NOT to get our hopes up, and accept that we'll have to spend (what seems like) an eternity apart at some point. We will definitely look into the CR1 option to see if it's faster, though I've read that the K-1 application has a 95% acceptance rate and some lucky people get it all sorted in a matter of months. The B-2 might still be useful simply for the interim period, whichever route we go, plus it gives us more of a 'six month' mindset. If we know we'll get to be together for at least 6 of the months (out of however many months the process may take) it'll hopefully give us more patience, and it'd just be a bonus if it takes less time. The return ticket thing will have to be done to avoid red flags, and the prices aren't that much different anyway - and I could always use it to visit family in the UK more cheaply if the timing is right.

As for the UK visa running out, we were hoping for some advice on trying to extend it while within the UK, as it ends in June and my Graduation is six weeks later in July, and it'd be a shame for him to miss the day and all the celebrations. But that one might be a question for a different forum, I suppose.

[pushbrk 14,560]

Just a couple of comments--

For London you do NOT have to have a tax return or W2. Just prove you make over the $18K with the employer letter and pay receipts. DO NOT get a co-sponsor or another job as suggested. Not needed. The financials go to her interview so not an immediate concern.

Self employed people do not have employer letters or pay stubs. They DO need at least one tax return as the number from line 22 is what is considered their "Current Income".

[Nich-Nick 3,355]

Self employed people do not have employer letters or pay stubs. They DO need at least one tax return as the number from line 22 is what is considered their "Current Income".

I meant the letter he mentioned he could get from the person who contracts him and is his sole source of income and also the receipts he mentions.

I am sure that my employer (read: exclusive client) can provide a letter stating my salary, but I would not have any W-2 forms to provide alongside with it, since I am not technically an employee. I can provide receipt printouts though.

London has approved people (even recently) without tax returns. They want proof of income but do not require a tax return. You can even do a do-it-yourself affidavit for London, but it's easier to fill out the I-134 than construct a proper affidavit. And a beneficiary can self-sponsor without any affidavit. It's pretty flexible as long as you can show them the money.

[pushbrk 14,560]

I meant the letter he mentioned he could get from the person who contracts him and is his sole source of income and also the receipts he mentions.

London has approved people (even recently) without tax returns. They want proof of income but do not require a tax return. You can even do a do-it-yourself affidavit for London, but it's easier to fill out the I-134 than construct a proper affidavit. And a beneficiary can self-sponsor without any affidavit. It's pretty flexible as long as you can show them the money.

I understood what you meant. Nevertheless, without a "tax return" a there's no way to determine "income" for a self employed person. In the context of the self-employed, a letter from a "customer" is verification of "revenue", not "income". The good news is that he's likely to HAVE a tax return by the time the interview takes place.