American girl marrying Canadian man

[NewnessofLife 0]

Hello everyone,

I joined in hopes to find others who have been in the same boat. I'm very nervous right now about what I'm facing as far as being able to get my fiance' in the country and then to help him with the rest of the process. I have recently learned that the burden of proof of being able to support him falls soley on me. I want to start the K-1 Visa process but don't even have a job yet. I plan to take a CNA course in the fall which is only a six week course. It most likely will result in a job. My fiance' has no children but I have five children of my own. They are saying that I have to meet certain income standards due to the fact that I have so many children as well, but they all recieve court ordered consistent child support so I don't know why that should be an issue. I also have three additional children that do not even live with me that are severely disabled and are in full time care facilities that I do not have to support as they are in these care centers for the rest of their lives fully supported. They should not even be counted as far as my need to support them. I am under the impression that I only need to prove I can support my fiance' by the time we have the interview. If I filed this week how long would I have to get the job and be working to be on the safe side. Should I file now or wait. I hate to wait as the process takes so long already.

Also, should I obtain the services of a lawyer or should I choose an Immigration Consultant? What are the pros and cons of that? Thanks!

[Anh map 2,098]

Your impression is wrong. You have to meet the income requirements for your household count plus the intending immigrant. Your dependent children are included in that count.

The children that are in the full time care facilities may not need to be counted. That is only speculation on my part. You should confirm that with a qualified immigration attorney if no other VJ members can give first hand knowledge.

The income requirement for a household of 7 (you, 5 children, and the intending immigrant) is: $43,662. The child support can be used to meet that income amount. You would supply evidence to support the amount of child support claimed. This affidavit of support is supplied at the interview stage of the process.

Your fiance will not be able to work for several months after entering the US on a K1 visa. If that is a concern, it may be wiser to marry and then apply for a spouse visa. That would allow him to legally work after entering the US.

[Sandra G. 5,016]

You don't count the children that are in the full time care facilities if you don't claim them as a dependents on your tax return, but you must count all other children.

Edited June 29, 2012 by sandranj

[rade2rising 205]

hi welcome

[Anh map 2,098]

You don't count the children that are in the full time care facilities if you don't claim them as a dependents on your tax return, but you must count all other children.

That's not necessarily true. Minor children are considered in the count regardless of domicile and being claimed on a tax return. They can be excluded if they

are over 18, or are emancipated under the law of the person’s domicile and are not claimed on the most recent tax return

. http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

The OP should get a determination from someone with first hand knowledge.

[NewnessofLife 0]

That's not necessarily true. Minor children are considered in the count regardless of domicile and being claimed on a tax return. They can be excluded if they

are over 18, or are emancipated under the law of the person’s domicile and are not claimed on the most recent tax return

. http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

The OP should get a determination from someone with first hand knowledge.

Thank you very much. This worries me greatly. Hearing you say age 18 was good news to me as two of the disabled ones are these ages: 18 and 20. The third one however is only going to be 17. None of the children are claimed either on mine or their father's tax return as we pay nothing for their support as it's all fully paid for by the system. But, still, the other child worries me as she's not over 18. I want to hire someone who can help me with this specific glitch. I am not finding any consultants or lawyers yet who really know the nuts and bolts. Still looking... any ideas of where I could find a good advisor or are you not allowed to recommend anyone?

[Anh map 2,098]

Thank you very much. This worries me greatly. Hearing you say age 18 was good news to me as two of the disabled ones are these ages: 18 and 20. The third one however is only going to be 17. None of the children are claimed either on mine or their father's tax return as we pay nothing for their support as it's all fully paid for by the system. But, still, the other child worries me as she's not over 18. I want to hire someone who can help me with this specific glitch. I am not finding any consultants or lawyers yet who really know the nuts and bolts. Still looking... any ideas of where I could find a good advisor or are you not allowed to recommend anyone?

The I-864 form says age 21, and the adjudicator's manual says age 18. So there is some clarification needed in your circumstances.

There are many qualified immigration attorneys out there. And it isn't necessary to have one that is local to you. You would want to find someone that has knowledge in this area.

The names we often hear on VJ are attorneys that have great experience with waivers and specific embassies.

I would think that an immigration consultant may not have enough knowledge for this. Though there may be those that have. I suggest that you ask for client contacts before spending a lot of money with anyone (attorney or consultant).

Do some Google searching and make a few calls. A quick interview on your part ought to give you a sense as to their familiarity.