K-1 Visa process and procedure in Italy when pregnant

[GH8283 5]

Thank you all. Just to clarify, Naples, does requier the cosponsor if your financial income does not meet their requierments. However, based on information from this site and google, it seems like Naples has bad reputation of not looking at or considering the cosponsor, thus, not granting the visa. We have been told "no" so many times, when all information was perfect, that it is hard not to be concerned/worried about this. At times it seems the people in charge are able to make such subjective decissions. I wouldn't want their job! I am hoping for the best!

[Pennycat 880]

Thank you all. Just to clarify, Naples, does requier the cosponsor if your financial income does not meet their requierments. However, based on information from this site and google, it seems like Naples has bad reputation of not looking at or considering the cosponsor, thus, not granting the visa. We have been told "no" so many times, when all information was perfect, that it is hard not to be concerned/worried about this. At times it seems the people in charge are able to make such subjective decissions. I wouldn't want their job! I am hoping for the best!

Yes. All countries require that you fill out an I-134 (Affidavit of Support) as part of the visa application. Then, when he arrives, you must file an I-864 (also Affidavit of Support) as part of adjusting his status from K-1 to Green Card (and yes, you must adjust status or after 90 days, his visa will have expired which can cause trouble, and he cannot work until you apply to adjust status to Green Card).

The difference between those two forms is that the I-864 is enforceable against the sponsor (you) and the co-sponsor (your mother). The I-134 is not. So, they are trying to avoid a situation in which your mother promises on the I-134 that she will be financially responsible for the intending immigrant (so that you get your visa) but then she decide NOT sponsor him on the I-864. Remember, the I-134 is not enforceable so they can't really hold her to it. Then, he would be here legally but needing public assistance---and that public assistance is exactly what they're trying to avoid with you proving your income in the first place.

Now, when you apply for a *spousal* visa you skip the I-134 and apply with the I-864. This is because the spousal visa is (basically) "Green Card on arrival"---so you use the form necessary for a Green Card. They have to accept a co-sponsor for a spousal visa because it is permitted on the I-864, and the I-864 is legally binding. Apparently, they can choose to ignore co-sponsors on the I-134 (and it seems that at this consulate, sometimes they do), but cannot ignore co-sponsors on the I-864.

All of this is to say that if you are very concerned that they will deny your fiance visa because they ignore the co-sponsor on the I-134, then a safe bet would be to marry now and file for a spousal visa (which, again, uses the I-864), because they cannot choose to ignore co-sponsors on that one. Whether you do this now, or wait to see about the fiance visa, and whether you wait for either visa to come through in the US or Italy is completely up to you and your fiance. Mostly, you need to know how big of a risk it is that you will be denied the fiance visa, and then decide if you're willing to take that risk. This, I personally do not know.

Edited March 23, 2015 by CatherineA

[GH8283 5]

you explained this perfectly! thank you. I would be interested in knowing what others opinions are, should I forgo the K-1 and get married now, or wait and see? It would be his uncle, who is a green card holder that would be the cosponsor on the k-1 visa. Does him having family already in America work in our favor? Does me being pregnant (we will have a newborn at the time of his interview) work in our favor?

[baron555 934]

you explained this perfectly! thank you. I would be interested in knowing what others opinions are, should I forgo the K-1 and get married now, or wait and see? It would be his uncle, who is a green card holder that would be the cosponsor on the k-1 visa. Does him having family already in America work in our favor?

No affect.

Does me being pregnant (we will have a newborn at the time of his interview) work in our favor?

No affect.

[Amhara 460]

GH - In your decision on whether to marry now or not, please remove time as a factor. I know you have other considerations for your situation, but you would need to start your petition all over again if you two marry before the K-1 is issued. Additionally, your wait time would be longer, because once USCIS and State Department give him the approval, he is an alien resident (green card holder). Therefore, they research more in the immigrant visas, which is more time consuming. With the fiance visas, there are more requirements to adjust the status and the federal agencies get another chance to review the case, so the non-immigrant visa takes a little bit less time.

You may want to look into the K-3 visa if you marry before the K-1. If me and my love need to marry, we will try this option, even though it's considered a 'dead' petition. There are a lot more details on that, but it's always good to be informed to make the best decision for your situation.

[Pennycat 880]

GH - In your decision on whether to marry now or not, please remove time as a factor. I know you have other considerations for your situation, but you would need to start your petition all over again if you two marry before the K-1 is issued. Additionally, your wait time would be longer, because once USCIS and State Department give him the approval, he is an alien resident (green card holder). Therefore, they research more in the immigrant visas, which is more time consuming. With the fiance visas, there are more requirements to adjust the status and the federal agencies get another chance to review the case, so the non-immigrant visa takes a little bit less time.

You may want to look into the K-3 visa if you marry before the K-1. If me and my love need to marry, we will try this option, even though it's considered a 'dead' petition. There are a lot more details on that, but it's always good to be informed to make the best decision for your situation.

The K-3 visa is "administratively closed" as it takes as long as the I-130 to process. There are a few threads about this floating around.

http://www.visajourney.com/forums/topic/539025-k3/

So please don't decide to go the spousal visa route thinking that a K-3 will get you guys together faster.

I'm just thinking of a reduction of risk standpoint. If it were me, I wouldn't want to run the risk of waiting another 4 or 5 months on the K-1 to have it denied. Because then I'd need to start the 14-16 month spousal visa process. If I had a baby on the way, and little support at home, and good reason to worry that the K-1 would be denied (note: we don't know this for sure. We don't have an answer about how likely it is yet), I personally would have a hard time gambling on the K-1. But that's me. I don't deal with ambiguity well and I'd rather have a solid plan (even if it's less than ideal) than have stuff up in the air. I'd think: I'm not guaranteed the K-1.

That's up to the OP of course. Keep in mind that if the K-1 succeeds, you'll have to be the only income earner for about 4 to 6 months (depending on how fast you marry and do the paperwork). And if it does not, you'll have to travel to Italy with the baby and start the 14-16 month CR-1 process....after waiting 4 or 5 more months for the K-1 denial.

Are you very settled at home and with your job? Is there anything preventing you from temporarily relocating to Italy? I'd be in Costa Rica right now if I didn't have my current job (my last job I'd have quit in a heartbeat to go live down there for a year or so waiting on the visa).

[GH8283 5]

Out of everything, work and income is the least of my worries. I have worked the same job for the last 8+ years. They are a wonderful group of people that are supporting me throught this. Included in job al of my living expenses (house, financial aid, car....) are paid for. Last year I made 16,000. That puts me under the USCIS financial giudlines, but none of that money was truly needed for anything. The waiting period for my fiance to work would not be a problem.

I like/need a plan too. It drives me crazy "not knowing" I go in circles wondering what the best option is. I wish I found ths site earlier, or my attorney layed it all out there before hand.

I should say, I am worried about USCIS seeing my income, but once we are together, I am not worried about my income to support him and our baby for the 3-6 months.