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Visa K procedure

By Ril in K-1 Fiance(e) Visa Case Filing and Progress Reports

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Ril Contributor

Ril   0

Posted
Filed: Timeline
Posted

Hello !

I'm aware that these questions have been asked several times but I really need some assistance for my current situation.

I went to the US with a student visa ( for an exchange program) to complete my MBA. During this time, I have met an american guy and we have decided to get married. He's still a college student and is being taken care of by his family.

Instead of getting married in the US, I have decided to go back home and ask for the visa K.

Do you think that the fact that he's still a student is going to be an issue ? I have enough resources to take care of myself financially before starting to work. What is the exact procedure, the costs and the timeline to be able to come and marry him?

Thank you so much for your help

UK-USA-K1 Rising Star

UK-USA-K1   128

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
 Timeline
Posted

Hello !

I'm aware that these questions have been asked several times but I really need some assistance for my current situation.

I went to the US with a student visa ( for an exchange program) to complete my MBA. During this time, I have met an american guy and we have decided to get married. He's still a college student and is being taken care of by his family.

Instead of getting married in the US, I have decided to go back home and ask for the visa K.

Do you think that the fact that he's still a student is going to be an issue ? I have enough resources to take care of myself financially before starting to work. What is the exact procedure, the costs and the timeline to be able to come and marry him?

Thank you so much for your help

Whether you have the means or not, the rules of the k-1 visa say that you must have a sponsor who has sufficient income to support you when you come over here. If that person doesn't make enough money, there is a formula that would allow them to count their cash assets. I'm not sure exactly what the formula is, but it's a certain amount more than the difference (I think it's either 3 or 5 times). For example, if you need to make $19,000 to qualify as a sponsor and the petitioner only makes $12,000 then the difference is $7,000, so if the needed cash asset were to be 5 times, then they would need to have cash in the bank of $35,000.

If the petitioner cannot satisfy the requirements, then they will need to find a USC (generally a family member but it could be a close friend) who does have enough income to satisfy the requirement and they would then be the co-sponsor of your petition.

FILE FOR K-1 Adjustment of Status Removal of Conditions

January 31.2010 - Met Online April 10, 2014 - Mailed in I-485 + I-765 March 19, 2016 - Mailed I-751 to CSC

February 20, 2011 - Met in Person April 14, 2014 - Forms arrived at Chicago Lockbox March 23, 2016 - I-751 arrived at CSC

July 28, 2012 - Engaged April 17, 2014 - Acceptance email arrived stating case forwarded to NBC March 23, 2016 - NOA1 Date (received March 28)

February 5, 2013 - Mailed I-129F to Lewisville, TX April 27, 2014 - Received letter for Biometrics appointment April 20, 2016 - Biometrics scheduled (incomplete due to dry cracked skin)

February 6, 2013 - USPS Receipt/Delivered I-129F April 28, 2014 - Received Acceptance NOA1 hard copies for AOS and EAD May 13, 2016 - Walk in Biometrics Completed

February 8, 2013 - NOA1 Notice Date May 12, 2014 - Biometrics Appointment Done September 27, 2016 - ROC Approved (Checked status via website w/receipt #)

February 11, 2013 - Bank shows check cashed today May 15, 2014 - Interview Schedule Letter (received May 17, 2014) October 6, 2016 - Card Arrived

February 11, 2013 - E-Mail Notification of Case Acceptance and June 5, 2014 - Interview Scheduled at Local office 8:15 a.m.

Case Number (Routed to California Service Center) June 11, 2014 - USCIS Status updated to show Greencard in the mail

February 12, 2013 - E Mail Notification of Alien Registration Number Change w/USPS tracking showing it scheduled to arrive

February 15, 2013 - Hard Copy NOA1 received June 14, 2014

June 5, 2013 - Email notice of RFE June 13, 2014 - GreenCard arrived

June 6, 2013 - RFE postmarked

June 10, 2013 - RFE arrived in the mail

June 11, 2013 - RFE mailed back Express USPS

June 12, 2013 - RFE received @ CSC / USCIS website updated to reflect this

June 20, 2013 - I-129F Approved

June 24, 2013 - NOA2 Hard Copy Received

June 28, 2013 - NVC Assigned Case Number

July 2, 2013 - NVC shipped case to London

July 9, 2013 - London Received Case File

July 13, 2013 - Packet 3 Instructions Received

July 17, 2013 - Packet 3 Forms Mailed (Except DS-2001)

July 30, 2013 - DS-2001 sent (arrived July 31)

July 30, 2013 - Medical Scheduled (and completed w/no issues)

August 5th - Medical Results Logged in

August 8th - DS-2001 Logged in

August 20, 2013 - Interview Date Set

September 17, 2013 - Interview at 8:00 a.m. (APPROVED)

Waiting for VISA...

September 25, 2013 - Visa Delivered

October 8, 2013 - POE Las Vegas, NV

October 11, 2013 - Married

October 13th - HOME

Ril Contributor

Ril   0

Posted
Filed: Timeline
  • Author
Posted

Thank you for answering fast!

His mother has enough means to be a sponsor ! Is it a problem if he doesn't earn money but his family member can vouch for him and be a co sponsor ?

laurabeth Contributor

laurabeth   4

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted (edited)

The purpose of the K-1 visa is to come to the United States to get married, so you would still marry in the United States. If you decide to get married in your country, your fiance would have to come there to marry you and then file for the CR-1 spousal visa. Otherwise (I believe) you could marry in the United States before going back to your country, and then file for the CR-1 visa to return to live in the U.S.

For the k-1 visa, only your fiance's (the petitioner's) income counts toward the financial support requirements, and a co-sponsor if your country's consulate accepts one, not your own income as the beneficiary. I'm not sure if it's the same for the spousal visa.

Edited by laurabeth
TBoneTX Grand Master

TBoneTX   45,543

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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