K1 visa - issue with financial requirements

[Serena32 0]

My boyfriend (24) and I (25) plan to get married and live in the US, but I'm not sure (given the current circumstances) it would be possible. We've been talking about it but only starting to research.

I'm a British citizen. We've been together about 1 and a half, met online 2 years ago. I've visited him twice in the US, and he went on family holiday with me. All and all, we've spent 3 months together (in person) so far. Our communication is well documented, pictures with family, calls & msg etc. At the moment, We meet every 2-3 months.

My boyfriend works with his dad who is a self-employed. But officially, he has never worked a day in his life! We talked about using his dad as a sponsor as he has income tax statements. He doesn't earn a lot but it does exceed the income requirements. However, his dad has criminal records, jailed for procession of cannabis (2 months) and jailed for not paying traffic fines twice (16 days). My boyfriend has no criminal record.

Can I support my own application? I would have saving of over £10,000 by the time we apply. I think I have a good chance of getting work straight away. I'm currently working as a specialist caregiver. I have a college degree from a decent British university. Lots of experience in different roles.

I hope someone can provide some guidance, the whole thing is a headache to me.

After marriage, will I have problem when changing status to live in the US permernantly?

Thank you

Edited January 16, 2015 by Serena32

[Nich-Nick 3,354]

Your evidence for getting a petition approved sounds fine. Then there is the visa application London part which requires an affidavit of support taken to your interview.

London will allow you to sponsor yourself for a fiancé visa. They don't publish an amount that satisfies them that you won't become a public charge. In my years on here I have seen just a few that posted their passable amount. They were four times what you have. Would even less be approved? No clue. Try it.

London also allows someone other than your fiancé to sponsor you.

I have never seen anyone's criminal record be examined as a joint sponsor.

Your biggest concern is the stricter second affidavit of support required for your adjustment of status. Your husband MUST sponsor you. If he doesn't have income, then a joint sponsor who makes enough to cover his entire household plus you can be used. As the primary sponsor, your husband has to submit his latest tax return or a reason he was not required to file. He and his Dad (employer) are doing something illegal if son is not reported as an employee and he is not filing a tax return reporting his income. If you want to continue the lie by saying he earned no income ever so was not required to have a tax return, then beware of getting caught for misrepresentation to immigration.

As far as you getting a job, you will not be allowed to work when you enter the US on your fiancé visa. You have to marry and apply for adjustment of status and work authorization. It can take 90 days to be authorized to work, after applying. Most don't marry and apply their first day in the US, so plan on well over 90 days before you can earn any income. AND in order to be approved for your adjustment of status and work authorization, you need an affidavit of support from your husband and a joint sponsor filed with the application.

Getting past London with a visa doesn't solve your long-term problem of living in the US. Without filing for adjustment of status, you live in the shadows sorta like an illegal. No driver license. No legal work. No documentation to be in the US because your entry of 90 days has expired. I don't really know about getting health insurance because I don't keep up with that topic.

Edited January 16, 2015 by Nich-Nick

[Serena32 0]

Thank you so much for explaining the whole processes.

I'm a believer in doing things properly and honestly.

Personally, I don't approve of how he is paying his tax though his dad. However, they are living together so his dad pays for household bill etc and give my boyfriend spending money for helping with work.

I have brought this issue up, I don't see why it's a bother for him to file his own self-employ income tax. Or his dad to put him on payroll.

I think we will have another talk about his income evident. Having looked into how much people have to sponser their application. I'm not feeling possitve at all.

Edited January 16, 2015 by Serena32

[Nich-Nick 3,354]

Thank you so much for explaining the whole processes.

I'm a believer in doing things properly and honestly.

Personally, I don't approve of how he is paying his tax though his dad. However, they are living together so his dad pays for household bill etc and give my boyfriend spending money for helping with work.

I have brought this issue up, I don't see why it's a bother for him to file his own self-employ income tax. Or his dad to put him on payroll.

I think we will have another talk about his income evident. Having looked into how much people have to sponser their application. I'm not feeling possitve at all.

It's time to file taxes for the year 2014. They can straighten out all of last year by how they do taxes right now. With the little information you have provided, it is hard to know their exact situation, but in general if he turned 24 during the year 2014 he likely can no longer be claimed as a dependent on his dad's tax return.

If you step back and look at the situation, it isn't going to be an easy life for you to marry this boy still living at home and getting an allowance from Daddy like he was 14. The point of the affidavit of support is so you can expect a reasonable life above the poverty level without going on welfare. Ask some serious questions and don't jump off into American until you are convinced there is a man emerging from under Daddy's shelter who can afford a car, insurance, and a place to live for you. He's old enough to start having more responsibility so encourage him to do so before you marry him. You sound like someone who has achieved and saved and possibly need to work on the fiancé just a bit.

I hope it gets sorted out for you

[Serena32 0]

He turned 24 last August, 2014. I did made him sound like a teenager, but he has bought two trucks (new) on finance and only a year left to pay. So, I think he is on his way to getting his own life together. He came from a difficult background, poverty was part of his childhood. He has no education, dropped out when he was 10, and has learning disorder. Even though he hasn't achieved anything, he is the most inspiring person I've met. We have been through a lot together, he helped me get my life together and I feel like I can do anything when I'm with him. That's what I look for in a life-partner. I'm not afraid of poverty, I don't need a husband with well-paid job.

We just want to be able to build a life together, like normal couple in our age. Most people our age lives with parents, then they cohabitate before marriage by renting somewhere together. We couldn't do that, so I'm going to have to take a chance.

Thank you again for your reply.

[Nich-Nick 3,354]

He turned 24 last August, 2014. I did made him sound like a teenager, but he has bought two trucks (new) on finance and only a year left to pay. So, I think he is on his way to getting his own life together. He came from a difficult background, poverty was part of his childhood. He has no education, dropped out when he was 10, and has learning disorder. Even though he hasn't achieved anything, he is the most inspiring person I've met. We have been through a lot together, he helped me get my life together and I feel like I can do anything when I'm with him. That's what I look for in a life-partner. I'm not afraid of poverty, I don't need a husband with well-paid job.

We just want to be able to build a life together, like normal couple in our age. Most people our age lives with parents, then they cohabitate before marriage by renting somewhere together. We couldn't do that, so I'm going to have to take a chance.

Thank you again for your reply.

I didn't mean to slam you fiancé. It may be totally his Dad's doing as far as the income tax because it was a tax advantage to Dad to claim the son and not call his spending money wages. But turning 24 changes being able to claim his son in most cases. And Dad may be insulating him because of his difficulties.

How odd that he dropped out at age 10 when 16 is the legal age. Schools have to provide a specialized education even if you are deaf, blind, and missing limbs, even if the school district has to pay another institution to provide it.

You know him best. I guess I was thinking Houston where people maybe can afford to get out on their own. It may be more common in the UK and won't bother you to live with the inlaws. My husband's grown children both lived with Mum because it is difficult to afford a place. When mum complained one too many times about the girlfriend living there, the son moved out. Many of their UK friends also live with three generations in the same house. I hope it all works out for you using a joint sponsor and you begin to build a nice married life once you can work. I think the 2014 tax return will be the factor you need to resolve.

[Serena32 0]

I'm talking to him about this issue, and will bring up what you said about tax changes.

I have no idea how he dropped out of school so young. He dropped out when his sisters past away, then he went back at 12 and dropped out again shortly after that. He wasnt coping as his mum became ill and went into full-time care after going in and out of hospital ( she is still in carehome now and probably rest of her life). They had money problem and moved many times back then. My guess would be, the education system lost tract of him. He missed out so much because they don't know what help is there. Well, they were just trying to survive at the time.

He told me everything when we were friends, I didnt know whether to believe it at first. I forgot how cruel life can be, even in a rich country like America.

[Nich-Nick 3,354]

I'm talking to him about this issue, and will bring up what you said about tax changes.

I have no idea how he dropped out of school so young. He dropped out when his sisters past away, then he went back at 12 and dropped out again shortly after that. He wasnt coping as his mum became ill and went into full-time care after going in and out of hospital ( she is still in carehome now and probably rest of her life). They had money problem and moved many times back then. My guess would be, the education system lost tract of him. He missed out so much because they don't know what help is there. Well, they were just trying to survive at the time.

He told me everything when we were friends, I didnt know whether to believe it at first. I forgot how cruel life can be, even in a rich country like America.

Such a sad life. There is a lot of poverty in America, but it seems the poorest and least educated are the ones who don't know about resources, so they scrape by 'come hell or high water' as the saying goes.