Is it an impasse?

[RDV 0]

Hello everybody,

I and my fiance have been being together for 5 years,

I live in Russia and she lives in USA, she is a citizen. We see each other 1-2 times a year for a month, but now it is more difficult because we are busy.

She will finish her education next year and we want to marry, but we don't have a co-sponsor and she has never worked and she lives with her parents, she has nothing except her car and dog, so those things mean we can't start a process for a K-1 visa, right?

But I have a business in Russia and can support us. She does not want to live in Russia. Can I be my own sponsor?

Or are we in an impasse?

Is it possible to do anything to be together, to marry? Or we have to wait for 3 more years when she has a work and pays taxes and saves money!?!

We are in despair!

[Ready to do it 101]

Someone else will chime in with better info, but I "do" think that you can send her money to put in her bank account and those assets would count. Being that she has not worked in the last 3 years, I think the amount of assets would be roughly $50-60k if it is just the two of you. You can look the number up for 125% of poverty level for two, or someone will probably chime in with the answer.

Hello everybody,

I and my fiance have been being together for 5 years,

I live in Russia and she lives in USA, she is a citizen. We see each other 1-2 times a year for a month, but now it is more difficult because we are busy.

She will finish her education next year and we want to marry, but we don't have a co-sponsor and she has never worked and she lives with her parents, she has nothing except her car and dog, so those things mean we can't start a process for a K-1 visa, right?

But I have a business in Russia and can support us. She does not want to live in Russia. Can I be my own sponsor?

Or are we in an impasse?

Is it possible to do anything to be together, to marry? Or we have to wait for 3 more years when she has a work and pays taxes and saves money!?!

We are in despair!

[Otto 83]

Yeah - big red flag (IMO); foreign beneficiary deposits large sums of money in USC/petitioner's account (who has not worked) which will be used as an asset on the affidavit of support.

RDV - your fiance plans to find work does she not? - there really is no 3-year work rule. I'm assuming she is young (living with parents) so if/when she does find work, that should work as long as it is over the minimum required. Also - her parents are unable/unwilling to co-sponsor?

Edited May 14, 2011 by Otto

[RDV 0]

Thank you guys, now I see that we still have a chance.

Also I sent an email to US embassy with my problem, soon we will know what they will say.

RDV - your fiance plans to find work does she not? - there really is no 3-year work rule. I'm assuming she is young (living with parents) so if/when she does find work, that should work as long as it is over the minimum required. Also - her parents are unable/unwilling to co-sponsor?

She is 26 and of course she is going to get a job after college, in a year.

And her family is not poor, her father is a lawyer.

Of course her family is able to be my co-sponsor, but they don't want to I guess they don't believe in me because I don't have appropriate education for America.

That is why we try to find a way to be together.

Edited May 14, 2011 by RDV

[LookyWhatIFound 38]

Thank you guys, now I see that we still have a chance.

Also I sent an email to US embassy with my problem, soon we will know what they will say.

She is 26 and of course she is going to get a job after college, in a year.

And her family is not poor, her father is a lawyer.

Of course her family is able to be my co-sponsor, but they don't want to I guess they don't believe in me because I don't have appropriate education for America.

That is why we try to find a way to be together.

Some other possibilities:

If she is willing to stay in Russia for a couple years, you could make her a business partner which would be her source of income. If you two were to marry there you could file the 1-130 directly with the embassy, that is if they have the DCF option and you could meet the criteria to file for it.

If your business could be done in another country such as in an EU country, like Cyprus, marriage and possibly DCF there have less requirements such as no residency requirement to get married.

Just a thought.

[JimVaPhuong 4,863]

Any source of income must continue after the alien immigrates to the US or it won't be considered. Unless the OP will continue to derive income from his business after moving to the US then he won't be able to self-sponsor or contribute to his fiancee's sponsorship as a household member. If his fiancee moves to Russia to work in the OP's business then it's a given she won't be able to continue that job after returning to the US (she must be domiciled in the US in order qualify as a sponsor). Both of those plans sound like non-starters.

Transferring cash to her account is a big no-no. When a sponsor submits an affidavit that consists only or primarily of cash assets then the consulate is going to want to see bank statements over the past year or two showing average balances. They're going to want to know how someone with little or no ongoing income managed to accumulate that much cash savings. If they see relatively low balances and then a sudden jump it will be obvious what happened - someone pumped up her bank account to help her qualify. If they find out her foreign fiance was the one who contributed the money then they'll presume he's buying his way to the US.

A joint sponsor is the most obvious solution. If that's not possible then wait until she starts working. 90 days on the job is enough in most states. Beyond that the employer can't terminate the employee without cause, so the job should be reasonably secure. As long as her current income, on an annualized basis, is enough to qualify then the consulate should accept it.

The affidavit of support isn't required until the interview. With a little careful planning, you can probably time the submission of the petition so that the interview coincides with when she'll have proof of sufficient income.

[LookyWhatIFound 38]

Any source of income must continue after the alien immigrates to the US or it won't be considered. Unless the OP will continue to derive income from his business after moving to the US then he won't be able to self-sponsor or contribute to his fiancee's sponsorship as a household member. If his fiancee moves to Russia to work in the OP's business then it's a given she won't be able to continue that job after returning to the US (she must be domiciled in the US in order qualify as a sponsor). Both of those plans sound like non-starters.

Well as he said the parents don't want to Sponsor him at this point, but that may be different after they are married. He also said she will be graduating college so she can get a job in the U.S. after that. Depends on the business, who knows maybe it is possible that some businesses can be done from the US also.

I just gave him some thoughts. They are the ones that have the relationship and business. He also said she does not want to live in Russia, but what if they both could live in a intermediate country, like in the EU. Then in the future they can plan their US strategy.

[pushbrk 12,105]

Any source of income must continue after the alien immigrates to the US or it won't be considered. Unless the OP will continue to derive income from his business after moving to the US then he won't be able to self-sponsor or contribute to his fiancee's sponsorship as a household member. If his fiancee moves to Russia to work in the OP's business then it's a given she won't be able to continue that job after returning to the US (she must be domiciled in the US in order qualify as a sponsor). Both of those plans sound like non-starters.

Transferring cash to her account is a big no-no. When a sponsor submits an affidavit that consists only or primarily of cash assets then the consulate is going to want to see bank statements over the past year or two showing average balances. They're going to want to know how someone with little or no ongoing income managed to accumulate that much cash savings. If they see relatively low balances and then a sudden jump it will be obvious what happened - someone pumped up her bank account to help her qualify. If they find out her foreign fiance was the one who contributed the money then they'll presume he's buying his way to the US.

A joint sponsor is the most obvious solution. If that's not possible then wait until she starts working. 90 days on the job is enough in most states. Beyond that the employer can't terminate the employee without cause, so the job should be reasonably secure. As long as her current income, on an annualized basis, is enough to qualify then the consulate should accept it.

The affidavit of support isn't required until the interview. With a little careful planning, you can probably time the submission of the petition so that the interview coincides with when she'll have proof of sufficient income.

If I were the OP, I would ignore all previous responses. The above is the information you need. Alternatively, you could marry first, in Russia. This would enable you to use YOUR "assets" as part of the affidavit of support in a spouse visa process.

Some other possibilities:

If she is willing to stay in Russia for a couple years, you could make her a business partner which would be her source of income. If you two were to marry there you could file the 1-130 directly with the embassy, that is if they have the DCF option and you could meet the criteria to file for it.

If your business could be done in another country such as in an EU country, like Cyprus, marriage and possibly DCF there have less requirements such as no residency requirement to get married.

Just a thought.

Thoughts yes. Helpful? Absolutely not.

Yeah - big red flag (IMO); foreign beneficiary deposits large sums of money in USC/petitioner's account (who has not worked) which will be used as an asset on the affidavit of support.

RDV - your fiance plans to find work does she not? - there really is no 3-year work rule. I'm assuming she is young (living with parents) so if/when she does find work, that should work as long as it is over the minimum required. Also - her parents are unable/unwilling to co-sponsor?

[RDV 0]

Thank you JimVaPhuong, all what you have written is logical, I really hope that 90 days of work will be enought, that is even okay, but to wait for years is too much. Im not sure my fiance can wait for so long especially because of her girl friends

Time will show everything

[Ready to do it 101]

ah yes. I stand corrected. Using your assets (or putting funds in her account) works for 1-130 not I-129F.

[JimVaPhuong 4,863]

Thank you JimVaPhuong, all what you have written is logical, I really hope that 90 days of work will be enought, that is even okay, but to wait for years is too much. Im not sure my fiance can wait for so long especially because of her girl friends

Time will show everything

Current income is all that matters. They don't require years of work experience, especially for a recent college graduate. She won't have to wait years.

ah yes. I stand corrected. Using your assets (or putting funds in her account) works for 1-130 not I-129F.

The "public charge" decision for a K1 visa is entirely at the consular officer's discretion. Some consulates will allow the alien's assets to be considered. I know that London is one such consulate. Other consulates rely almost exclusively on the petitioner's I-134. Most will consider a joint sponsor's I-134, as well. Some will not. It depends entirely on the policies of each specific consulate.

A K1 visa holder must provide an I-864 when they adjust status. An immigrant visa holder (a visa that resulted from an I-130 petition) needs to have an I-864 submitted before they go to the interview. In either case, the alien's assets can be considered.

Depositing money into the petitioner's account is a bad idea under any circumstances. It will smell like fraud. If the alien has assets then those assets can be declared in section 28 of the primary sponsor's I-864. There's no need to resort to any sort of subterfuge.

[LookyWhatIFound 38]

Thoughts yes. Helpful? Absolutely not.

Well since his question seemed to be about whether the 2 of them could be together and get married, and NOT necessarily in the US. I told him what I know. Many Russians have made their homes in the EU and/or former S.U. countries. Also since I believe if two people really want to be together they will find a way, so in that context I believe my statements were relevant.

If you didn't find them helpful, thats not my problem.

[pushbrk 12,105]

Well since his question seemed to be about whether the 2 of them could be together and get married, and NOT necessarily in the US. I told him what I know. Many Russians have made their homes in the EU and/or former S.U. countries. Also since I believe if two people really want to be together they will find a way, so in that context I believe my statements were relevant.

If you didn't find them helpful, thats not my problem.

Not really the point, but this is what you wrote.

If she is willing to stay in Russia for a couple years, you could make her a business partner which would be her source of income.

This would not help because the income would not continue once they arrived in the USA. Only continuing income is considered.

If you two were to marry there you could file the 1-130 directly with the embassy, that is if they have the DCF option and you could meet the criteria to file for it.

Filing DCF doesn't change the financial qualifications or income issues.

If your business could be done in another country such as in an EU country, like Cyprus, marriage and possibly DCF there have less requirements such as no residency requirement to get married.

Same as above. Doesn't address the primary issue which is financial qualification.

There are people here who clearly understand the process and requirements and actually CAN be helpful. I suggest you read and learn. Eventually, you'll be one of those people who can help. Until then, I encourage you to be sure you understand the actual issue and have confidence you're giving accurate, on point and helpful advice when you participate in the upper visa forums or just wait until those who do have a chance to respond. People's lives and happiness depend on it.

[Gosia & Tito 199]

Thank you guys, now I see that we still have a chance.

Also I sent an email to US embassy with my problem, soon we will know what they will say.

She is 26 and of course she is going to get a job after college, in a year.

And her family is not poor, her father is a lawyer.

Of course her family is able to be my co-sponsor, but they don't want to I guess they don't believe in me because I don't have appropriate education for America.

That is why we try to find a way to be together.

Since her parents do not want to co-sponsor and another post has mentioned that you fund her accounts, I'd say to absolutely not go that route (the funding I mean), specially if it is meant to look like it's her funds. The worst thing you can do is make false statements to a federal officer, if they find out, you will be banned for life. The statement of support that she will have to provide clearly says that misrepresentation will have a penalty. As for the parents not wanting to sponsor, they could bring up that the funds are not really hers. Too risky in my opinion.

The level of income for 2 people is about 18k/year, not a lot for US standards. If she is 26, she could start working already (for income history that is) and she might already be meeting the 18k requirement, unless there is some special circumstance around this.

Anyone here can be a co-sponsor, even a friend, does not have to be her parents. I have been a co-sponsor to a friend of mine. All the government wants is for you to not become a public burden.

[Ready to do it 101]

Again... tossing around thoughts like a co-sponsor is a piece of cake. The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

It's bad enough if the couple gets divorced and the petitioner is on the hook for 40 quarters of work (10+ years). Imagine being the mother or father of the petitioner who sponsored the beneficiary and then there is a divorce. The financial future of that sponsor is now destroyed because their son or daughter's ex has racked up millions of dollars of medical bills. Ouch!!!

And people say, "Just find a friend?"

Anyone here can be a co-sponsor, even a friend, does not have to be her parents. I have been a co-sponsor to a friend of mine. All the government wants is for you to not become a public burden.

Edited May 15, 2011 by Ready to do it