Should we apply for K1 now or wait a year?

[sandinista! 1,816]

For most grown-ups, the unemployed in the US for over a year part and not wanting to involve parents as co-sponsors trumps that. Like, hugely.

It's few and far between that there are petitioners who have the economic ability to just move to another country and worry about jobs and money later.

It is not extreme to live with your love in another country outside of the U.S.

If it something that I suggested it was to honor his B1 visa, marry then go back... spend good quality time TOGETHER in Morocco while waiting out the visa. ...where OP said I just don't know if I could do another nine months of separation, especially when I want us to be able to start our lives together

Really agree they has a strong case with a K1 or CR1 and might not foresee problems getting approved if they do it right.

[Mithra 1,185]

ITA Sandinista. I'm often floored at the number of grown women in this forum that suggest shirking adult responsibilities in favor of chasing after lurve and emotions. Not just grown like over 40, kids, the whole she-bang grown. Suggesting that people become a burden on others or having others take responsibility for their choices is a ridiculous suggestion. I vote for working and building your life so that when your fiance gets to the US you aren't struggling or relying on others.

Edited January 1, 2013 by Mithra

[PalestineMyHeart 1,897]

I may get flamed for this, but I think the 125% of poverty level minimum is absurdly unrealistic for sponsoring an immigrant spouse, and should be raised significantly.

[momof1 205]

I'm surprised how many people don't meet the income guidelines.

[sandinista! 1,816]

What would be the public benefit of raising the guidelines? Is there currently a glut of immigrant spouse families receiving public assistance? 

I was unemployed when my then fiancé moved here-I was a student. I did however have suitable housing arrangements set up when he arrived, along with an employment opportunity for him, once he could legally work. He also did not arrive here penniless. I didn't plan on being in school and unemployed when he got here, I

had a good job when we sent in our application, but midway through got an acceptance letter to an academic program I really wanted to do. I'm  biased because it's me I'm talking about, but I consider it different 

to be managing that kind of situation and dealing with it as responsibly as possible, and being as self-reliant as possible, as opposed to just saying whatever, and dropping a good job, leaving my kids, etc and moving to Morocco for 6 months, hoping my hypothetical widowed on a pension mom will co-sponsor while my newly arrived spouse and I put in applications at Target and Safeway. It paid off for us, my husband has a good job, and leaving my job back then for school allows me to make more money now working less than half the time. But our situation would've totally looked bad on paper at the time. There's some really messy, reckless, situations out there though that have a lot of cheerleaders. 

[PalestineMyHeart 1,897]

You've got your act together and so does your husband - no doubt about it.

Unfortunately, a lot more people don't. The issue is not public assistance at all, at least not in my opinion. The issue is: people who are already living paycheck to paycheck, in deep debt, with little to no savings, bringing an additional mouth to feed into their household who may not be able to work and contribute to the household for an extended period of time. It's a recipe for disaster for these relationships. We've all seen that sh!t hit the fan too many times. 125% percent of poverty level is too close to the line for people who are one paycheck away from being homeless. Were you guys on the borderline ?

As for the second part, I agree with you - it's not a sensible idea for most folks who are trying to sponsor an immigrant fiance/spouse to drop everything, quit their jobs and move to a foreign country while they process, and expect friends or family to put their necks on the line to make it all work out.

What would be the public benefit of raising the guidelines? Is there currently a glut of immigrant spouse families receiving public assistance? 

I was unemployed when my then fiancé moved here-I was a student. I did however have suitable housing arrangements set up when he arrived, along with an employment opportunity for him, once he could legally work. He also did not arrive here penniless. I didn't plan on being in school and unemployed when he got here, I

had a good job when we sent in our application, but midway through got an acceptance letter to an academic program I really wanted to do. I'm  biased because it's me I'm talking about, but I consider it different 

to be managing that kind of situation and dealing with it as responsibly as possible, and being as self-reliant as possible, as opposed to just saying whatever, and dropping a good job, leaving my kids, etc and moving to Morocco for 6 months, hoping my hypothetical widowed on a pension mom will co-sponsor while my newly arrived spouse and I put in applications at Target and Safeway. It paid off for us, my husband has a good job, and leaving my job back then for school allows me to make more money now working less than half the time. But our situation would've totally looked bad on paper at the time. There's some really messy, reckless, situations out there though that have a lot of cheerleaders. 

[mymarriagejourney 112]

I'm getting my MBA at a top 20 school and am damn poor right now, but in 18 months, the average graduate accepts a position paying $97K and we have a 95% placement rate within 2 months of graduation. A life-long friend sponsored my husband for his adjustment of status, and I'm thankful for the provision of non-spouse sponsors.

Also, poor people deserve to be with people they love as much as middle class and upper class people. Live and let live.

[PalestineMyHeart 1,897]

I'm getting my MBA at a top 20 school and am damn poor right now, but in 18 months, the average graduate accepts a position paying $97K and we have a 95% placement rate within 2 months of graduation. A life-long friend sponsored my husband for his adjustment of status, and I'm thankful for the provision of non-spouse sponsors.

Also, poor people deserve to be with people they love as much as middle class and upper class people. Live and let live.

Congratulations on your educational achievements - you will be sitting pretty once you graduate.

Certainly, everyone has the right to fall in love with whomever they want. I don't disagree at all with that. But immigration to the US is not a right; it's a privilege based on a number of things, not the least of which is the ability to be financially responsible for that immigrant. I have no issue with the option of getting a co-sponsor for people who don't meet the financial requirements - and that's what you've done, and that's great.

What I'm saying is: I think the minimum income level required to sponsor an immigrant is too low.

[msheesha 548]

It is not extreme to live with your love in another country outside of the U.S.

If it something that I suggested it was to honor his B1 visa, marry then go back... spend good quality time TOGETHER in Morocco while waiting out the visa. ...where OP said I just don't know if I could do another nine months of separation, especially when I want us to be able to start our lives together

Really agree they has a strong case with a K1 or CR1 and might not foresee problems getting approved if they do it right.

Oh, I tend not to factor in those kinds of statements. I assume they are hyperbole. I was going on what seems like the strength of their bonafides, and calling it extreme to move there to prove a bonafide relationship.

For most grown-ups, the unemployed in the US for over a year part and not wanting to involve parents as co-sponsors trumps that. Like, hugely.

It's few and far between that there are petitioners who have the economic ability to just move to another country and worry about jobs and money later.

ITA Sandinista. I'm often floored at the number of grown women in this forum that suggest shirking adult responsibilities in favor of chasing after lurve and emotions. Not just grown like over 40, kids, the whole she-bang grown. Suggesting that people become a burden on others or having others take responsibility for their choices is a ridiculous suggestion. I vote for working and building your life so that when your fiance gets to the US you aren't struggling or relying on others.

[kristen_maroc 126]

It's sticky.

I mean, when I think of all the people I know who were living abroad in their early-mid twenties when they met their future spouse, it's hard to make the 125%. Most of us were either in the Peace Corps (read- not making anything CLOSE to poverty line), teaching English (same), or in grad school or on a Fulbright. After PC, many people want to go to grad school as well. For us-- and this is usually more likely to be a bonafide relationship than one online since it's people who understand the culture more and meet families in person, know the language/culture, etc.-- it's a risk and involves... a lot. I've given up grad school now for a few years about this, and I DID move home and take a crappy job for awhile before falling into a job that pays enough that we can live a middle-class life, but in something I don't like, is only 4 more years before the grant runs out (!), and that drains me in more ways than one and creates stress and anxiety.

Additionally, I think it can be really important for the relationship for the USC to be able to spend some time in their future spouses' country. It might not always be possible... but if it is a possibility, I think it's a really good option to take, particularly in a region that can be so culturally different.

Although it's true that I see the other side as well-- if you have responsibilities in the US: a career, a family, children, etc., and pick up to go move in with your fiancé(e) without really planning anything out and leaving responsibilities at home, it is probably pretty bad judgement.

It's tricky. I understand the 125% of poverty line requirement and pretty much agree with it completely... and I wonder how hard it must be to live at that level! But it is hard if you met your spouse/fiance while living abroad and moved to the US for the immigration process without a solid job right away. Or I wonder too how that applies if someone is in grad school where you know you take on debt to make it up later.

*shrug*

Edited January 2, 2013 by kristen_maroc

[kristen_maroc 126]

Also, poor people deserve to be with people they love as much as middle class and upper class people. Live and let live.

That's what gets me about people wanting to raise the 125% poverty line requirement. It's... sticky. Slippery....

(Though it's a bit off-putting that you're bragging about how much money you will probably make in a few years. Really? Necessary?)

[mymarriagejourney 112]

I'm not bragging. I'm trying to explain that I'm not irresponsible and that I have a plan for the future. I have no intention of my dear friend having to support my husband. We may be poor now but we don't have grand plans to live off of the government or be a burden on society.

[PalestineMyHeart 1,897]

Some immigration experts (and former consular officials) have recommended eliminating the co-sponsor option entirely, as well as the K-1 visa category. Here is what one said, along with some of his other recommendations. I can't say I disagree with many of them:

Recommendations

Eliminate Fiancé (K-1) visas. There is simply too much fraud associated with this visa category. Americans who intend to marry foreign nationals are free to do so, but making the effort to get married abroad testifies to the legitimacy and seriousness of the relationship. Couples can always have a second ceremony or reception in the United States once the foreign spouse receives his or her immigrant visa.

Adjudicate marriage-based immigrant visa petitions in the foreign spouse’s country of residence, with the American sponsor present. Authorize consular officers (or overseas USCIS officers) to rule on the validity of the relationships and deny fraudulent petitions. Appeals could be heard by an officer’s supervisor — with both petitioner and applicant present.

Eliminate waivers of ineligibility for marriage-based green card applicants with criminal convictions, involvement in a criminal street gang, or long periods of illegal stay, unless the health or welfare of their citizen spouses or children would be severely affected. Not knowing a foreign language or having to find a new job overseas should not be grounds for waivers.

Create a national marriage registration database to help combat serial marriage fraud.

Create a third option for USCIS adjudicators when a couple is interviewed to remove the foreign spouse’s “conditional” status on his or her green card (typically after two years of marriage). Rather than just revocation or approval, conditional status could be extended for up to three years with a supervisor’s approval. Would-be cheaters would have no guaranty that they would only need to remain married for two years.

Deny all applications filed by couples that cannot hold a basic conversation with each other in a common language. Legitimate couples will learn to communicate with each other and can reapply at that time.

Eliminate the co-sponsor system for Americans filing immigrant visa petitions for spouses overseas. This means that Americans living below the poverty line would be unable to sponsor immigrants. Exceptions should be made for bona fide full-time students at the university level and young petitioners still listed as dependents on their parents’ most recent tax return. Since many, if not most of the Americans that engage in marriage fraud for cash are in a weak financial situation themselves, this move would add a difficult hurdle for would-be scam artists who want to engage in a sham marriage to a foreign national for money.

Eliminate the possibility of adjustment of status to anyone out of status or on a short-term visa.

Give both the State Department and USCIS significantly more resources to combat marriage fraud.

Require USCIS officers to seek the assistance of overseas consular officers when conducting investigations on suspect cases. Officers in-country often have language skills and local knowledge that can help expose sham marriages.

Give American spouses all immigration-related documents that the interviewing officer has access to, including previous tourist visa applications, case notes, criminal histories, etc. Americans should know if their foreign spouses have track records of immigration fraud.

Investigate claims of marriage fraud made by American citizens who only realize that their spouses were “in it for the green card” after they receive permanent residency. While not taking the Americans’ word at face value, USCIS must investigate these claims and deport those found guilty of fraud.

Deny visa petitions for foreign spouses who previously have been divorced from an applicant. This will eliminate the opportunity for a foreign national to divorce his or her spouse, enter into a fake marriage with an American citizen to gain legal status, and then divorce the American and re-marry and sponsor for immigration his or her original spouse.

Aggressively prosecute everyone involved in marriage fraud, from those involved in personal schemes to large-scale marriage fraud rings. Penalties should include jail time for those convicted.

http://cis.org/marriagefraud

[Cathi 5,610]

You can get married here and adjust his status if that's what you decide. If you go that route, he cannot leave the US until he gets his green card. You absolutely will need a co-sponsor.

Only with a K-1 visa.

[mymarriagejourney 112]

He can adjust status from a student or visitor visa also.