K-1 Fiance Visa / Green Card Questions and Help

[marymae324 0]

THIS TOPIC HAS BEEN POSTED TWICE DUE TO APPARENT LAG. I'M NOT EVEN SURE IT WAS POSTED IN THE CORRECT FORUM. THANKS AND SORRY ABOUT THE MISTAKE.

Okay, so I'm a bit overwhelmed by the whole K-1 Visa / green card process, and would greatly appreciate any advice or help you could give me.

First off, I'll tell you our general situation:

So I met this girl around 3 months on an online game (WoW). We fell in love rather quickly, and are now pretty inseparable, spending upwards of 14 hours a day together on Skype chatting to each other, playing games, talking, making plans, cam together, etc. I asked her to be my girlfriend and she accepted. I live in the US (Florida) and she lives in the UK (England). Neither of us currently have employment, but are both seeking it. I have my AA degree and will be attending university in the summer to work towards completing my BA. She's looking into attending an online university at the moment in order to stay mobile with her choices. She's currently living with family, as am I. She's 19 years old, I'm 25 years old. She has dual-citizenship with Switzerland, if that's applicable for any reason.

I know it may sound crazy or like a kind of infatuation, but whether you believe in 'true love' or think we're being silly, please bear with me and look at the situation objectively. We have not actually met yet in real life, but we're both completely sure we want to be together. I'm quite sure I would like to spend the rest of my life with her. I have not 'officially' proposed to her yet, as it would be a bit weird doing that over Skype I think, so I'd rather wait until she's able to visit, but she has told me she feels the same and would love to marry me.

She would like to live in the US with me, and I also think that's the best choice (we are both open to living in some other country as well though if necessary, in order to be together, but are really set on the US). She would need a green card in order to live here with me, of course, though.

She plans to visit me in around 3 months, and possibly stay for 3 months. Would she have any issues doing so, assuming she doesn't really have any attachments to the UK? After her visit, we were thinking it would be best to start the K-1 Visa process, since it seems to take ~6 months from what I've seen/read--- correct me if I'm wrong. Would this best the fastest route possible? We would also be willing to marry in England if that would be a quicker and easier process for her to be able to move with me to the US.

Do you think this idea is feasible and realistic? Can you tell me anything in particular I'm missing or important that I may not know? Any problems we may be likely to run into? Or an advice to make this all manageable and easier for me to organize and understand? Should I contact the US embassy and tell them my situation and ask for advice? I'm really a bit overwhelmed at the moment and not sure how to go about this.

Appreciate anything you can tell me that may help!

Edited February 22, 2014 by rosadustin

[disteph 9]

Welcomr to visajourney,

First of all,the main requirement for k-1 visa is you HAVE TO meet in person for real.u don't have to worry about green card because as soon as you marry her in US then she can obtain green card by adjustment of status.for more info you can read the k-1 visa on this website.if you have any question,dont hesitate to contact me

[marymae324 0]

Welcomr to visajourney,

First of all,the main requirement for k-1 visa is you HAVE TO meet in person for real.u don't have to worry about green card because as soon as you marry her in US then she can obtain green card by adjustment of status.for more info you can read the k-1 visa on this website.if you have any question,dont hesitate to contact me

Thanks. Yeah, I figured that. And as I said, we plan to have her visit me in around 3 months for preferably 3 months if possible. And if she can't stay 3 months (let's say she only stayed for 2 weeks), would that affect our chances of getting a K-1 approved in the future? Do you think she would have any problems with this, since she doesn't really have any attachment to England? Does she need some sort of attachment? What kind of attachments? A place to live? A job? I'm reading about the K-1 Visa process and such, it just feels a little overwhelming, but I'm doing my best.

Edited February 22, 2014 by rosadustin

[disteph 9]

Thanks. Yeah, I figured that. And as I said, we plan to have her visit me in around 3 months for preferably 3 months if possible. And if she can't stay 3 months (let's say she only stayed for 2 weeks), would that affect our chances of getting a K-1 approved in the future? Do you think she would have any problems with this, since she doesn't really have any attachment to England? Does she need some sort of attachment? What kind of attachments? A place to live? A job? I'm reading about the K-1 Visa process and such, it just feels a little overwhelming, but I'm doing my best.

First,it's important for you to have a job above poverty lane because u will bring someone to us and live with her.it doesnt matter how long you guys meet it still meeting.if she lives in england and has british nationality then you can apply k-1 for uk.dont forget to keep in track your messages,email,skype,ticket,photo together,etc in order to proof you guys meet.me and my fiance only meet for 10 days last december and we apply for fiance visa hanks god now we are in consulate stage.you also can join UK portal in this website to know whats going on with us embassy in uk.good luck! Edited February 22, 2014 by disyastephens

[shikimo 8]

Without knowing your (or your girlfriend's) financial situation it's hard to say, but money may be an obstacle. Even if everything else is in place--and it sounds like you can probably make that happen with some effort--you have to be able to prove that you have the income and/or assets to support a new US resident, and those numbers aren't negotiable.

disyastephens is right about the documentation, too: it's especially important for people who have met recently. There is little chance of marriage fraud with people who are married 10 years with kids and property together: however, the authorities will examine more closely documents supporting a good-faith relationship when that relationship is young and not bound by obvious evidence...so keep everything that could be construed as proof of your communication, visits, and anything else that indicates planning/preparation/etc. All you have to do is be honest, but you still have to prove it.

In any case, get her over to the US on VWP already!! That will get you up to 90 days together without any paperwork (round-trip ticket, and DON'T LET HER OVERSTAY!!), during which time you will presumably have ample opportunity to figure out your next moves.

Good luck!

[SparklePony 238]

She would like to live in the US with me, and I also think that's the best choice (we are both open to living in some other country as well though if necessary, in order to be together, but are really set on the US). She would need a green card in order to live here with me, of course, though.

Actually, that's not entirely correct. She will need a K1 visa to enter the US and to be able to apply for Adjustment of Status and a Green Card. That will happen after she enters the country on a K1 and marries you. Then she can apply for a Green Card, and all the while remain in legal standing.

She plans to visit me in around 3 months, and possibly stay for 3 months. Would she have any issues doing so, assuming she doesn't really have any attachments to the UK? After her visit, we were thinking it would be best to start the K-1 Visa process, since it seems to take ~6 months from what I've seen/read--- correct me if I'm wrong. Would this best the fastest route possible? We would also be willing to marry in England if that would be a quicker and easier process for her to be able to move with me to the US.

You and her NEED to meet in person before filing for the I-129F/K1 visa. You will not be approved without evidence that you have been physically together before filing. That said, K1's are being approved much faster these days than spousal visas. Of course it's always a gamble, but we're seeing K1's be done and over with in 4, 5 months whereas spousal visas are taking double and triple that time. Of course there are advantages for a spousal visa, like the fact that you don't have to file for Adjustment of Status, saving that money, and you are eligible to start working immediately upon entering the country as the green card is processed at the same time. But if being together as fast as possible is what you want, then the K1 is the way to go.

That said, I strongly suggest you take a look at the Yes, You Can Visit thread as it contains tips on traveling to the US to visit a boyfriend/girlfriend/fiance. Remember that Border Patrol Officers can deny her entry, based on the fear that, without strong ties in England, she will overstay. Just something to take into account.

Do you think this idea is feasible and realistic? Can you tell me anything in particular I'm missing or important that I may not know? Any problems we may be likely to run into? Or an advice to make this all manageable and easier for me to organize and understand? Should I contact the US embassy and tell them my situation and ask for advice? I'm really a bit overwhelmed at the moment and not sure how to go about this.

You don't need to contact the embassy - they won't help you any. What you do need to do is read and study the guides and stickies on here, and have her do the same. The more information you have on your side, the less overwhelming it will all seem to you, and the smoother the process will go once you file. Read, study, learn. You have time for it anyway.

One last thing, regarding finances. You will be going through the London Embassy, which does accept co-sponsors. Of course you two need to think about how you will live once she enters the country - you'll need a place to live and food and to pay for utilities and the like. Where are you living now? What are you living off of now? That's something you'll need to think about. But do know that you can probably use a co-sponsor to get the visa approved even if you do not yet have a job. Just more things for you to talk about together and plan on.

Good luck!

Edited February 22, 2014 by SparklePony

[froschundblumen 25]

I loved reading your story of how you met because it so closely mirrors mine! We spent so many hours on Skype. So happy for you that you met!

As everyone else has said, the most important part of the K1 petition is to prove you have met in person.

I don't think that your girlfriend should have trouble staying for three months, but I believe that is the absolute maximum she can stay. She will need to show her return ticket to prove that she plans to return within that time. If she stays any longer than 3 months, she will be there illegally and could jeopardize your future K1 plans. She may have to undergo quite a bit of questioning by the border officials.

The border officials will probably ask questions about how she is going to support herself during that time, so it would be a good idea to have proof that she has available funds to stay for that length of time. She could get a letter from her bank, showing that she has the money in her account. If she doesn't have money in her account, she will need to somehow prove that she has the support funds (through her parents or whomever will be paying for her trip).

It doesn't matter how long your visit is for K1 purposes, but make sure you keep as much proof of the visit as possible. Have her keep her airline tickets and boarding passes, any receipts she gets, and take plenty of photos of the two of you together and with your family/friends, if you can.

Right now, I would worry mostly about getting the "proof of having met in the past two years" requirement out of the way and finding a job so that you meet the poverty requirements down the line. Not having a job doesn't automatically disqualify you, though, so don't stress too much. If you do not meet the requirements, you may be able to have a co-sponsor (another U.S. citizen who will promise to support her when she moves). This will be something to worry about months down the line, though.

I hope you are able to find a job and that you and your girlfriend's first "meeting" is a huge success!!

More importantly, Alliance or Horde?!

[SparklePony 238]

More importantly, Alliance or Horde?!

Hehehehehe, WoW language - love it!

[BFP XX 62]

Hehehehehe, WoW language - love it!

Lok tar

[marymae324 0]

Without knowing your (or your girlfriend's) financial situation it's hard to say, but money may be an obstacle. Even if everything else is in place--and it sounds like you can probably make that happen with some effort--you have to be able to prove that you have the income and/or assets to support a new US resident, and those numbers aren't negotiable.

disyastephens is right about the documentation, too: it's especially important for people who have met recently. There is little chance of marriage fraud with people who are married 10 years with kids and property together: however, the authorities will examine more closely documents supporting a good-faith relationship when that relationship is young and not bound by obvious evidence...so keep everything that could be construed as proof of your communication, visits, and anything else that indicates planning/preparation/etc. All you have to do is be honest, but you still have to prove it.

In any case, get her over to the US on VWP already!! That will get you up to 90 days together without any paperwork (round-trip ticket, and DON'T LET HER OVERSTAY!!), during which time you will presumably have ample opportunity to figure out your next moves.

Good luck!

Alright, thanks for the info and advice.

Actually, that's not entirely correct. She will need a K1 visa to enter the US and to be able to apply for Adjustment of Status and a Green Card. That will happen after she enters the country on a K1 and marries you. Then she can apply for a Green Card, and all the while remain in legal standing.

You and her NEED to meet in person before filing for the I-129F/K1 visa. You will not be approved without evidence that you have been physically together before filing. That said, K1's are being approved much faster these days than spousal visas. Of course it's always a gamble, but we're seeing K1's be done and over with in 4, 5 months whereas spousal visas are taking double and triple that time. Of course there are advantages for a spousal visa, like the fact that you don't have to file for Adjustment of Status, saving that money, and you are eligible to start working immediately upon entering the country as the green card is processed at the same time. But if being together as fast as possible is what you want, then the K1 is the way to go.

That said, I strongly suggest you take a look at the Yes, You Can Visit thread as it contains tips on traveling to the US to visit a boyfriend/girlfriend/fiance. Remember that Border Patrol Officers can deny her entry, based on the fear that, without strong ties in England, she will overstay. Just something to take into account.

You don't need to contact the embassy - they won't help you any. What you do need to do is read and study the guides and stickies on here, and have her do the same. The more information you have on your side, the less overwhelming it will all seem to you, and the smoother the process will go once you file. Read, study, learn. You have time for it anyway.

One last thing, regarding finances. You will be going through the London Embassy, which does accept co-sponsors. Of course you two need to think about how you will live once she enters the country - you'll need a place to live and food and to pay for utilities and the like. Where are you living now? What are you living off of now? That's something you'll need to think about. But do know that you can probably use a co-sponsor to get the visa approved even if you do not yet have a job. Just more things for you to talk about together and plan on.

Good luck!

Thanks for this info.

I loved reading your story of how you met because it so closely mirrors mine! We spent so many hours on Skype. So happy for you that you met!

As everyone else has said, the most important part of the K1 petition is to prove you have met in person.

I don't think that your girlfriend should have trouble staying for three months, but I believe that is the absolute maximum she can stay. She will need to show her return ticket to prove that she plans to return within that time. If she stays any longer than 3 months, she will be there illegally and could jeopardize your future K1 plans. She may have to undergo quite a bit of questioning by the border officials.

The border officials will probably ask questions about how she is going to support herself during that time, so it would be a good idea to have proof that she has available funds to stay for that length of time. She could get a letter from her bank, showing that she has the money in her account. If she doesn't have money in her account, she will need to somehow prove that she has the support funds (through her parents or whomever will be paying for her trip).

It doesn't matter how long your visit is for K1 purposes, but make sure you keep as much proof of the visit as possible. Have her keep her airline tickets and boarding passes, any receipts she gets, and take plenty of photos of the two of you together and with your family/friends, if you can.

Right now, I would worry mostly about getting the "proof of having met in the past two years" requirement out of the way and finding a job so that you meet the poverty requirements down the line. Not having a job doesn't automatically disqualify you, though, so don't stress too much. If you do not meet the requirements, you may be able to have a co-sponsor (another U.S. citizen who will promise to support her when she moves). This will be something to worry about months down the line, though.

I hope you are able to find a job and that you and your girlfriend's first "meeting" is a huge success!!

More importantly, Alliance or Horde?!

Horde, of course. We've since quit the game though... Too addictive and destructive.

Lok tar

Blood and Thunder.

Just a couple things off the top of my head I have questions about...

- After we are approved for the K-1 Visa and get married in the US, is she able to look for work immediately, or does she have to wait for her Green Card to arrive?

- So say she stays for 3 months the first time, she is not heavily scrutinized even if she has no 'attachments' to the UK, correct? And let's say she stays 3 months the first time and then say a few months after that she wants to stay again. She needs some sort of 'attachment.' Would attending a university (online) and renting a room be enough of an attachment? And does the length of time further necessitate having an attachment? i.e. if she only wanted to stay 2 weeks, I'm guessing it would be less scrutinized than if she wanted to stay 3 months again?

- I do not file taxes (as I have no income). I'm required to file taxes to be able to submit the K-1 or start the process, correct? Also, I read that I need to have an income of around $19,500/year. Do I need that income to even start the K-1 process (unless I have a co-sponsor)? And let's say I don't get a ~$19,500/year job or have a co-sponsor until after taxes are filed this year. Would I need to wait until I've filed next year before I may start the process?

Thanks for all your help, it's much appreciated.

[SparklePony 238]

- After we are approved for the K-1 Visa and get married in the US, is she able to look for work immediately, or does she have to wait for her Green Card to arrive?

She can look for work all she wants - she will not be hireable until she receives her Green Card. Now, she can apply for EAD (which I can never remember what the letters stand for), which is a temporary work permit that will allow her to start working while she's waiting for her Green Card to come in. It's taking around 3 months to get that.

- So say she stays for 3 months the first time, she is not heavily scrutinized even if she has no 'attachments' to the UK, correct? And let's say she stays 3 months the first time and then say a few months after that she wants to stay again. She needs some sort of 'attachment.' Would attending a university (online) and renting a room be enough of an attachment? And does the length of time further necessitate having an attachment? i.e. if she only wanted to stay 2 weeks, I'm guessing it would be less scrutinized than if she wanted to stay 3 months again?

That may be the logic thing to think, but Border Patrol Officers don't always perform to logic. People have been allowed in for visits of three months and have been denied for visits of two weeks. Your guess of what will happen when she flies in is as good as any.

- I do not file taxes (as I have no income). I'm required to file taxes to be able to submit the K-1 or start the process, correct? Also, I read that I need to have an income of around $19,500/year. Do I need that income to even start the K-1 process (unless I have a co-sponsor)? And let's say I don't get a ~$19,500/year job or have a co-sponsor until after taxes are filed this year. Would I need to wait until I've filed next year before I may start the process?

You need to prove to the CO at the embassy that your fiance will not become a public charge once she enters the USA. This means that either you have a source of income and/or you have somebody who will be your co-sponsor. There is really no point in filing the K1 if you don't have this part of the process thought out. Sometimes life happens and people lose their jobs, or the co-sponsor backs out, for example, but these are unpredictable situations that people aren't counting on. It's not your case - you have to figure out how you will handle this. Let's say you get a job now and you file the K1 right after she visits you. By the time her case gets to the Embassy, it might not be tax season again yet, but you can get a letter from your employer and pay stubs to prove that you do have a source of income. So, taxes per se aren't a necessity. What you do need is something to prove that you will somehow have the means to support yourself and your fiance.

Hope this helps.

Edited February 24, 2014 by SparklePony

[Tina and Johan 206]

First, and most importantly, I'm a former night elf druid.

Second, yes, GET EVIDENCE of meeting the first time. Before I came to this site, I threw away my boarding passes (duh!) not realizing this was a really good piece of proof of meeting. So I scrambled to find receipts, etc that proved when we met (pictures count, but as secondary proof since the pic could be 5 years old). I have sincerely thought it would be great to have taken a picture together with a newspaper of that same day where the date is readable. Seriously.

Third, when she comes to visit DO NOT, I repeat, DO NOT marry her. It may be the fun, romantic thing to do, but you will have then committed fraud, and it'll only increase the timeline, if not ruin it.

I love this kind of story. Good luck!

Tina

[marymae324 0]

Thanks again guys.

Another question we just thought about... So she's looking at attending an online university in the UK so she can later move to the US while still continuing her university work online, but she would need to take out student loans in order to attend. Would having an outstanding loan in the UK cause us any problems, or would she still be able to repay it later, as normal?