Please help.

[NYjones 13]

Hello all,

I am so happy to find this place where i can get info about my situuation.I am in a tricky situation and needed some answers that I can't find the answers to (and some additional advice if anyone is willing to give).

Let me give a little background on my situation...i started dating my boyfriend about 3 years ago while he was living outside of the US (in the Caribbean), he was born in the US but left at the age of two. He returned to live in the US earlier this year (January2014), he is now working and living on his own. I recently went to visit him and spend a few weeks with him. The day before I was scheduled to leave he asked me to marry him and of course I said yes! We discussed getting married in Canada next August with a few of our friends. Since that time I returned home, and we have done some additional planning. Upon doing some research I came across filing for a K1 visa which led me here. We had no idea the amount of work necessary for us to be together.

If we do decide to marry in Canada would we need to go through the K1 visa process? Would I be able to enter the US with him on a B1 visa then file for an adjustment of status after being married? Or, would I need to return home and wait for him to file a petition on my behalf?

Should we forget about the Canada plans and just work towards getting a K1 and get married in the US? Would the Canada situation complicate things even more? Or would getting married in Canada allow us to bypass the K1 visa?

Also, I recall seeing that the US citizen would need to show proof of support (pay stub, tax returns for 3 years etc). Since he has been working for less than a year would that be a problem?

We are set on being together in the shortest amount of time but we would also like to go about it the right way.

Thanks for the advice and replies.

[Ryan H 3,798]

***Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum. Poster is considering different visa paths***

**Moderator hat off**

A K1 visa can only be pursued if you are unmarried. If you marry in Canada, you will have to pursue a spousal visa.

[Zedayn 485]

The K-1 visa is for getting married in the US. If you marry in Canada, you are not eligible for the K-1 visa. If you decide in fact to marry in Canada, you will need to file a CR-1 visa. You cannot enter the US on a B1 visitor visa and file adjustment of status...this is illegal and considered visa fraud. Your fiancé needs to file a petition for you for you to be able to come to the US and be able to stay. He would file the I-129F petition for fiancé, if you intend to marry in the US. Or he would need to file the I-130 after your marriage if you decide to marry elsewhere, such as Canada.

To help you decide which route you should take (quickest route, most cost effective, etc.) then look here: http://www.visajourney.com/content/compare

[NYjones 13]

Thanks for such a quick reply.

Would his lack of time working in the US be a problem for showing proof of support?

[Boiler 43,875]

Should not, anyway this is not a quick process so he will have a longer work history when you get to the point that matters.

[Caryh 5,206]

Thanks for such a quick reply.

Would his lack of time working in the US be a problem for showing proof of support?

Yes it will be. He needs to show and prove he his income meets the requirement of 125% of the poverty level, for himself, you and any other dependents he may have. This is most commonly done through showing income with previous income tax returns and current employment letter showing income. The K-1 visa gives a lot of discretion to the interviewing officer to determine what is and what is not acceptable to determine he can prevent you from becoming a public charge. The CR-1 visa leaves less discretion to the interviewing officer. He could use a co or joint sponsor to help qualify, this may or may not be allowed at your embassy with a K-1, but they must accept it for a CR-1. Another possible problem. US citizens are required to file taxes even if living abroad. Often this income is not taxable because of deductions for local taxes paid, but they are still required to file them. Has he been filing his taxes even though he lived abroad?

[NYjones 13]

No, he has not filed any taxes. He left when he was around 2 years old. This will be his first year working in the US.

[Boiler 43,875]

US Citizens have a potential tax issue whether ot not they are in the US.

[NYjones 13]

ok. This is something to look into as well. Thanks

[Caryh 5,206]

ok. This is something to look into as well. Thanks

He can file his last year taxes late. For many countries, as long as he's paying the local taxes, there is no USA taxes due.

[NYjones 13]

Well, he started working in April so I have no idea. Thanks again for all the replies. It seems like the K1 visa may be the quickest way for us to be together (as long as we can find a Co sponsor)

[Boiler 43,875]

He does not have to be earning that much not to need a co sponsor.

[NYjones 13]

I have spent the entire day reading up. I have one question....it seems as though his annual income is only $19, 680. That is before taxes, in the poverty guidelines it doesn't state if the figures are before or after taxes. Also, if documentation of taxes cannot be provided would a Co sponsor automatically be needed?

[Boiler 43,875]

Gross

Taxes is a separate issue and has nothing to do with a co sponsor.

[NYjones 13]

Sweet! Thanks Boiler! I am still not clear on the taxes part. I'm sorry if I am being pain. ... since he was not working in the US for his adult life...should he get some signed from his last employer stating previous income? Here we do not files taxes but we do pay Value Added Tax. I'm worried that not having proof of previous tax filings AND the fact that he has only been working for 4 months might be a problem. Keep in mind that by time the affidavit of support is needed it will be a few months from now.