I have a few questions and concerns regarding the K-1 visa! Please Help!

[LouisePaul 0]

Hello all! My fiancé and I hoping to get some advice and help with our K-1 visa!

First a quick run down of our situation:

I'm the US Citizen and he's the UK Citizen

My fiancé and I met in November 2006 shortly after we started dating online. Seven months later he flew out to america so we could meet, he stayed for 3 months then went back to England, 20 days later he flew back out for another 3 months then again returned back to England. Ten months later he was able to fly back out again and stayed for 3 months. Upon his arrival customs held him for 2 hours and told him he can stay for the 3 months but would not be able to come back to america without a visa, and if he tried it again he would be de-ported. So we looked into visas, and at the time the student visa seemed like the best option, our local collage had a program and we got everything all okayed by the school. He even booked another flight to go home a week early so he would be able to make it back in time for beginning of the school year. My family said they would support him and provided a bank statement along with all of the other necessary paperwork. His visa was denied because the interviewer said her friends wouldn't give her that kind of money and she didn't think it was creditable. Due to financial reasons and the visa being denied we weren't able to see each other for 3 years but talked every day and was able to keep our relationship going. This January we were finally able to see each other again and on March 1st I flew out to England! I arrived and we decided to apply for the K-1 visa so we got engaged and we submitted I-129F, on March 29th they received it and sent us our NOA1. We decided to change my flight so I could stay the full 6 months (I was already planning to stay 3) and hopefully I'd still be here for the interview. Looking back that might have been a misjudgement? I'm still not entirely sure. I'm leaving for America on August 27th.

Our only concern for not getting our visa the income. He has his own business developing apps and makes more money than the government poverty line but he only started making that much at the very beginning of this year (hence being able to see each other again since January it just took time to get my passport and everything all planned out), meaning he doesn't have tax returns for the past 3 years showing enough income, just this year, are we doomed? :|

We really don't want to be apart again as you could imagine, lol 3 yrs apart is long enough! Is there any likely hood that we could get to the interview before I have to fly back?

And if not is there any way I could come back if the interview happens after I have to go so I can be here for the interview? ie if the interview happens in October could I fly out again for the interview?

I'm also slightly confused by the process of it all, We sent off our I-129F and received our NOA1 and to my understanding the next step will be getting our NOA2 and then he'll have to have a medical and gather all the documents and proof we have for the interview? Is this correct or am I missing something?

Also I've read a lot of interview questions and some slightly confuse me, one person was asked when their wedding date was, how are you supposed to plann everything before you even know if your going to get your visa?

Sorry for the long winded-ness.

Thank you so much for your help in advance!!

Louise

[amykathleen2005 441]

Hello all! My fiancé and I hoping to get some advice and help with our K-1 visa!

First a quick run down of our situation:

I'm the US Citizen and he's the UK Citizen

My fiancé and I met in November 2006 shortly after we started dating online. Seven months later he flew out to america so we could meet, he stayed for 3 months then went back to England, 20 days later he flew back out for another 3 months then again returned back to England. Ten months later he was able to fly back out again and stayed for 3 months. Upon his arrival customs held him for 2 hours and told him he can stay for the 3 months but would not be able to come back to america without a visa, and if he tried it again he would be de-ported. So we looked into visas, and at the time the student visa seemed like the best option, our local collage had a program and we got everything all okayed by the school. He even booked another flight to go home a week early so he would be able to make it back in time for beginning of the school year. My family said they would support him and provided a bank statement along with all of the other necessary paperwork. His visa was denied because the interviewer said her friends wouldn't give her that kind of money and she didn't think it was creditable. Due to financial reasons and the visa being denied we weren't able to see each other for 3 years but talked every day and was able to keep our relationship going. This January we were finally able to see each other again and on March 1st I flew out to England! I arrived and we decided to apply for the K-1 visa so we got engaged and we submitted I-129F, on March 29th they received it and sent us our NOA1. We decided to change my flight so I could stay the full 6 months (I was already planning to stay 3) and hopefully I'd still be here for the interview. Looking back that might have been a misjudgement? I'm still not entirely sure. I'm leaving for America on August 27th.

Our only concern for not getting our visa the income. He has his own business developing apps and makes more money than the government poverty line but he only started making that much at the very beginning of this year (hence being able to see each other again since January it just took time to get my passport and everything all planned out), meaning he doesn't have tax returns for the past 3 years showing enough income, just this year, are we doomed? :|

We really don't want to be apart again as you could imagine, lol 3 yrs apart is long enough! Is there any likely hood that we could get to the interview before I have to fly back?

And if not is there any way I could come back if the interview happens after I have to go so I can be here for the interview? ie if the interview happens in October could I fly out again for the interview?

I'm also slightly confused by the process of it all, We sent off our I-129F and received our NOA1 and to my understanding the next step will be getting our NOA2 and then he'll have to have a medical and gather all the documents and proof we have for the interview? Is this correct or am I missing something?

Also I've read a lot of interview questions and some slightly confuse me, one person was asked when their wedding date was, how are you supposed to plann everything before you even know if your going to get your visa?

Sorry for the long winded-ness.

Thank you so much for your help in advance!!

Louise

Probably no likelihood of having the interview before you fly back, but for the UK, the US citizens don't typically go anyways. This flow chart is helpful: http://www.visajourn.../content/k1flow. You as the citizen need to be the one to sponsor, you need to show your income and can use a joint US sponsor if needed. Questions in UK are usually general, if you don't have a date give an approximation. Not required as they know the circumstances.

Edited July 3, 2012 by amykathleen2005

[baron555 934]

We really don't want to be apart again as you could imagine, lol 3 yrs apart is long enough! Is there any likely hood that we could get to the interview before I have to fly back?

Go by the timelines and use them as a general guide.

And if not is there any way I could come back if the interview happens after I have to go so I can be here for the interview? ie if the interview happens in October could I fly out again for the interview?

The beneficiary needs to be at the interview, the petitioner is always optional.

I'm also slightly confused by the process of it all, We sent off our I-129F and received our NOA1 and to my understanding the next step will be getting our NOA2 and then he'll have to have a medical and gather all the documents and proof we have for the interview? Is this correct or am I missing something?

Nope, that's pretty much sums it up.

Also I've read a lot of interview questions and some slightly confuse me, one person was asked when their wedding date was, how are you supposed to plann everything before you even know if your going to get your visa?

You aren't supposed to plan any wedding until you have the visa in hand. The best answer to this question would be "We haven't planned anything until we have the visa in hand but the wedding will be within 90 days of entry into the US."

Thank you so much for your help in advance!!

Louise

Just follow the Guides and Example Forms and you'll be fine. This process is really not all that mysterious.

[LouisePaul 0]

Probably no likelihood of having the interview before you fly back, but for the UK, the US citizens don't typically go anyways. You won't be able to go in with him. This flow chart is helpful: http://www.visajourn.../content/k1flow. You as the citizen need to be the one to sponsor, you need to show your income and can use a joint US sponsor if needed. Questions in UK are usually general, if you don't have a date give an approximation. Not required as they know the circumstances.

I don't have an income atm. So there is no way he could be the one to prove the income? If so would my only option be to have a joint us sponsor?

Thank you for your response

[amykathleen2005 441]

I don't have an income atm. So there is no way he could be the one to prove the income? If so would my only option be to have a joint us sponsor?

Thank you for your response

Yes, you need a joint US sponsor who can support their whole household plus your fiance above the poverty line.

[LouisePaul 0]

Yes, you need a joint US sponsor who can support their whole household plus your fiance above the poverty line.

We were doing this on our own, I don't have anyone in the US who could sponsor us. We read somewhere that he could be the sponsor. I don't know what to do now, any advice?

[Caryh 5,206]

I don't have an income atm. So there is no way he could be the one to prove the income? If so would my only option be to have a joint us sponsor?

Thank you for your response

They want to see sustained income, not just started making that. They do occasionally accept the beneficiary's income if it will be maintained after coming to the USA, but given he's just started making this money its pretty iffy they'll accept his income. And they want a USC on the hook as the sponsor. Even with no income, you have to be the sponsor. You're probably going to need a co-sponsor. Now to add a bit more trouble, sorry, the embassy is not required to accept a co-sponsor for K-1 visas. They are required to accept co-sponsors for a CR-1 visa. The local UK forum can give you an idea of how accepting they are of co-sponsors at the UK embassy.

[amykathleen2005 441]

This is a link to an old thread on the topic. He would need to have considerable assets to be able to self sponsor. It seems to be 5x the amount needed. So $55850 in assets.

http://www.visajourn...rt-for-k1-visa/

This too:

http://www.visajourney.com/forums/topic/286631-k1-i-134-self-sponsorship-query/

They want to see sustained income, not just started making that. They do occasionally accept the beneficiary's income if it will be maintained after coming to the USA, but given he's just started making this money its pretty iffy they'll accept his income. And they want a USC on the hook as the sponsor. Even with no income, you have to be the sponsor. You're probably going to need a co-sponsor. Now to add a bit more trouble, sorry, the embassy is not required to accept a co-sponsor for K-1 visas. They are required to accept co-sponsors for a CR-1 visa. The local UK forum can give you an idea of how accepting they are of co-sponsors at the UK embassy.

UK will accept both joint and self sponsors.

Edited July 3, 2012 by amykathleen2005

[amykathleen2005 441]

If you have family in the US they might be willing if you explain that they aren't actually spending any money.

[LouisePaul 0]

It would be maintained after coming to the US. I don't have any family members in the US who could help us, its all up to us. He's been making the income since December 2011 and no sadly he doesn't have $55850 in assets. Is there nothing we can do/is there anything besides a co sponsor we could do to help our odds? IE money saved or anything?

Thank you for all your responses,

Louise

Edited July 3, 2012 by LouisePaul

[amykathleen2005 441]

It would be maintained after coming to the US. I don't have any family members in the US who could help us, its all up to us. He's been making the income since December 2011 and no sadly he doesn't have $55850 in assets. Is there nothing we can do/is there anything besides a co sponsor we could do to help our odds? IE money saved or anything?

Thank you for all your responses,

Louise

Assets include saved money.

[amykathleen2005 441]

It would be maintained after coming to the US. I don't have any family members in the US who could help us, its all up to us. He's been making the income since December 2011 and no sadly he doesn't have $55850 in assets. Is there nothing we can do/is there anything besides a co sponsor we could do to help our odds? IE money saved or anything?

Thank you for all your responses,

Louise

Maintaining the job would mean that there would not be much break in the income. Such as working for the same company overseas or having a definite job offer. However, as a K-1 entrant cannot legally work until they file AOS with EAD he will not be able to work for several months after entering.

[LouisePaul 0]

Assets include saved money.

Ah I see, that's good to know but he doesn't have 55K saved sadly.

[LouisePaul 0]

I just read somewhere that someone did bring their US citizen to their interview and they were allowed in with them.

[amykathleen2005 441]

Yes you are right I changed my response earlier when I saw my mistake.