Confused and any help is appreciated

[Jlet 0]

Hello All,

I'm sure these questions have been asked millions of times by millions of people but I'd really like some help and I appreciate anyone who takes the time to answer them

My fiancee lives in the Netherlands. He is currently a student (1st year).He plans to finish his 2nd year there and do his minor here on an exchange visa.So I have a few questions...

Can I go to the Netherlands on the VWP and marry him then return to process the I-130? (this isnt visa fraud is it?)

Would it be a better idea for him to come here under the Fiancee visa and marry in the US?

Can we marry while he is here under a student visa?

For the I-864..

We would be considered a family of 5. So the income level was right around $34,000. If I dont make that a year but our combined savings make up the difference is that usually enough or do we need a co-sponser? (between the two of us we have about 23k in savings). Is it just showing enough for a year or do I have to prove that I can stay at the 34k EVERY year? I'm kind of confused as to how assets work when filing that form.

Again thank you anyone who has some answers

[Penguin_ie 5,993]

Can I go to the Netherlands on the VWP and marry him then return to process the I-130? (this isnt visa fraud is it?)

Yes, that is fine. He could also come to you on the VWP and get married- as long as you/ he don't overstay the 90 days given on the VWP, that is perfectly legal.

Would it be a better idea for him to come here under the Fiancee visa and marry in the US?

If he wants to be with you from the moment you are married, yes- plus, the K1 is a little faster and you could file today. But the I-130/ CR-1 is generally the better visa as it allows immediate work and travel, and is cheaper.

Can we marry while he is here under a student visa?

Yes-ish. He can marry you, but the F1 student visa is not dual intent, thus, he is not supposed to come to the USA with an F1 with the intent to marry AND STAY.

[Penguin_ie 5,993]

Forgot the second part...

It is current income that counts- noone knows if you will still have that job in a few years. That being said, they have discretion to not allow temp jobs.

How much under are you? Are the kids his- thus will need visas too- or yours? If you are comfortably over the poverty line including assets, you should be fine, but most embassies want to see assets being US based, so you may want to have your fiance open a US bank account or put his savings into a joint account with you.

[Jlet 0]

The kids are mine (with my ex husband) and US citizens. I'm making just under the poverty line as a family of 4 but when I add him to make 5 we would be under by about 7k. We both have a nice amount in savings (though his assets are based in the Netherlands).

If he came on a student visa (which is what he plans to do)to finish school for a year and we marry, will submitting an I-130 get him sent home? Should we marry and just wait to file the I-130 after his schooling is done? He doesnt plan to over stay his visa. We know there is a good chance that we will be apart during the process but I dont want him to lose his school visa just because we marry.