Where do I start?

[Cannuk 0]

Okay I'm new to this and I have browsed the threads and available information but it is all pretty technical and I'm looking for a more simple explanation.

A bit of background information:

My boyfriend and I met through friends when I was visiting Texas two years ago. He is an American citizen. We have been dating for two years and I visit down there a couple of times per year and he comes up to Canada a couple of times per year. He is on disability for medical issues and he is unable to work because of his medical issues.

I am a Canadian citizen. I am on disability due to an accident at work. I will be returning to college for retraining (no student loans paying for it with an inheritance). My program will take two years and I should easily be able to gain employment upon graduation as it is in a high demand sector (environmental - water and wastewater).

We want to do everything legally but don't know where to start. We aren't even clear on if he can sponsor me because of his permanent disability. We are not impulsive people so we're not about to just get married and "figure things out later".

I understand that the first step is the K-1 Visa how hard is it to get approved to work on that type of Visa? If we just went and got married and applied for the K-3 would it be easier to get through the process and be able to work? Can you skip the "K" stage and just go for the IR-1/CR-1?

Can he sponsor me if he is on disability? I read somewhere that the person sponsoring you has to make 125% over the state poverty line.

This is a whole lot more technical than either of us thought it would be and any advice would be appreciated.

[hikergirl 277]

Here is a link to give you a quick overview of the Visa types: http://www.visajourney.com/content/compare

They are different visa types depending on your situation. I will be getting married this summer and my spouse will start the petition for me so I can get a CR-1 Visa. We decided on this route because I would like the opportunity to work right away once I immigrate.

Look at the Visa types and see what is right for your situation.

Your fiance may need a co-sponsor based on his situation but the guides here (menu at the top of the page) will give you a lot of info.

Good Luck!

[LeftCoastLady 441]

Welcome to VJ.

Okay I'm new to this and I have browsed the threads and available information but it is all pretty technical and I'm looking for a more simple explanation.

The first thing you and your boyfriend (but especially him since he's the USC) should do is read the VJ compare chart to read up on your two options -- filing a petition for a fiancé or filing a petition for a spouse: http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

A bit of background information:

My boyfriend and I met through friends when I was visiting Texas two years ago. He is an American citizen. We have been dating for two years and I visit down there a couple of times per year and he comes up to Canada a couple of times per year. He is on disability for medical issues and he is unable to work because of his medical issues.

I am a Canadian citizen. I am on disability due to an accident at work. I will be returning to college for retraining (no student loans paying for it with an inheritance). My program will take two years and I should easily be able to gain employment upon graduation as it is in a high demand sector (environmental - water and wastewater).

We want to do everything legally but don't know where to start. We aren't even clear on if he can sponsor me because of his permanent disability. We are not impulsive people so we're not about to just get married and "figure things out later".

I understand that the first step is the K-1 Visa how hard is it to get approved to work on that type of Visa? If we just went and got married and applied for the K-3 would it be easier to get through the process and be able to work? Can you skip the "K" stage and just go for the IR-1/CR-1?

Once the petition is approved, then you would file the materials to apply for the K-1 visa. The I-129F petition is the first step. Similarly, if you opt to marry first and then file the I-130 petition, you would then apply for the CR-1/IR-1 visa. The K-3 visa is no longer an option and is virtually obsolete at this point, so you have two options.

With the K-1, once you arrive in the U.S. you would need to marry within 90 days and then you can begin the adjustment of status process, which includes filing documentation to receive authorization to work in the U.S. Until you receive either the green card or the employment authorization document (EAD), you cannot work in the U.S.

But, if you opt for the spousal route, then, you would enter the country with a greencard. People choose between the visas for different reasons, which is why you should read the comparison chart to get an idea of what would be best for your situation.

Can he sponsor me if he is on disability? I read somewhere that the person sponsoring you has to make 125% over the state poverty line.

This is a whole lot more technical than either of us thought it would be and any advice would be appreciated.

If his disability income doesn't meet the federal poverty guidelines, then he would need to look into securing a co-sponsor.

This process isn't difficult, but you do need to read everything and ensure you fully understand the requirements, the information you need to supply, and respecting the timelines (i.e. if you opt for the K-1, you really must get married within 90 days upon entering the U.S.)

Start with the comparison chart, and then read up on the guides for the K-1 as well as the CR-1/IR-1 options to decide what's best for your situation.

[hcfrey 6]

:thumbs:

Welcome to VJ.

The first thing you and your boyfriend (but especially him since he's the USC) should do is read the VJ compare chart to read up on your two options -- filing a petition for a fiancé or filing a petition for a spouse: http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Once the petition is approved, then you would file the materials to apply for the K-1 visa. The I-129F petition is the first step. Similarly, if you opt to marry first and then file the I-130 petition, you would then apply for the CR-1/IR-1 visa. The K-3 visa is no longer an option and is virtually obsolete at this point, so you have two options.

With the K-1, once you arrive in the U.S. you would need to marry within 90 days and then you can begin the adjustment of status process, which includes filing documentation to receive authorization to work in the U.S. Until you receive either the green card or the employment authorization document (EAD), you cannot work in the U.S.

But, if you opt for the spousal route, then, you would enter the country with a greencard. People choose between the visas for different reasons, which is why you should read the comparison chart to get an idea of what would be best for your situation.

If his disability income doesn't meet the federal poverty guidelines, then he would need to look into securing a co-sponsor.

This process isn't difficult, but you do need to read everything and ensure you fully understand the requirements, the information you need to supply, and respecting the timelines (i.e. if you opt for the K-1, you really must get married within 90 days upon entering the U.S.)

Start with the comparison chart, and then read up on the guides for the K-1 as well as the CR-1/IR-1 options to decide what's best for your situation.

[Cannuk 0]

Our plan is to wait until I finish my degree before we really "do" anything. I have two years of school.

Is it possible to start the process while I am in school (in Canada)? What would happen during the process if I went down to visit him while on vacation? I have obligations in Canada so it's not like I would be staying beyond the visit but I hear the US boarder guards can be tough on people.

We're thinking of starting the process during my summer break in 2013 then we would have at least a year to either go for the K-1 or the CR-1. It is against our religious beliefs to live together before we are married, so that would make the K-1 more difficult on us and his family.

Getting a co sponsor wouldn't be too hard, I assume that have to meet the same criteria as a regular sponsor.

Hahaha it's funny trying to explain to others that it's not as simple as just getting hitched.

[LeftCoastLady 441]

Our plan is to wait until I finish my degree before we really "do" anything. I have two years of school.

If you have two years of school remaining, then you can't really start the process now. Because the rules and requirements can change at any time, just make sure to keep up to speed on what's needed.

Is it possible to start the process while I am in school (in Canada)? What would happen during the process if I went down to visit him while on vacation? I have obligations in Canada so it's not like I would be staying beyond the visit but I hear the US boarder guards can be tough on people.

Again, time the petition filing so it will sync up to your finishing school. Be sure to read the "Yes, you can visit" thread pinned at the top of the K-1 forum: http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

We're thinking of starting the process during my summer break in 2013 then we would have at least a year to either go for the K-1 or the CR-1. It is against our religious beliefs to live together before we are married, so that would make the K-1 more difficult on us and his family.

Getting a co sponsor wouldn't be too hard, I assume that have to meet the same criteria as a regular sponsor.

Hahaha it's funny trying to explain to others that it's not as simple as just getting hitched.

Yes, the co-sponsor would have to meet the federal poverty requirement as well and would need to have enough to cover you + any dependents they claim. The federal poverty requirements change annually, so that's another item to keep an eye on once you start the filing process.

That's why I love VJ...people here get what we have to go through when our friends/families don't understand. I tell my friends now that I have a minor in U.S. Immigration thanks to falling in love with a Brit.

[jkelly07 120]

now the proverty guidelines for two people 18,912 -if you file for fiance.e 1-129f k-1 visa it will be more money you will need to adjustment status fee 1,070 if you get married there file 1-130 cr-1 visa cost less money and can get a social security card, you can get your green card within weeks after arrival in the us.the 1-129 5 to 6 months estimated time. the 1-130 about 7 to 10 months for approval.you have two years to decide things may change by then,

[Mogambi 96]

If you're not in a hurry, then wait. Once you start to file, it may become harder for you to cross the border.

If his disability income doesn't meet the poverty guidelines, you can try a co-sponsor, or savings he might have may count. But they can easily deny a co-sponsor if they don't believe that person would really help. If you are married and have a co-sponsor they cannot deny the sponsor, because that paperwork is legally binding, different than the paperwork filed in a K1.

I would say wait. If you're still staying Canada for two more years, no hurry to get started now. Average total wait time is about 5 to 7 months it seems at the moment. And the visa would expire anyway before you would use it.