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JenAndKatie

K-1 Interview: My British fiance(e) is the one with money, not me.

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Hi guys!

I've been searching for an answer to this question, but haven't found any. I apologize if it has already been asked.

My foreign fiancee is the one with the savings and assets. I had to take a leave of absence from my job due to severely breaking my leg 3 months ago. I have no income right now...just applied for unemployment. My line of work was in a kitchen of a restaurant, but due to the severity of my leg injury, I cannot tell for certain when I will be able to return to this type of job, if ever. As such, I have been applying to office jobs. I do have sales experience, so it's not a long shot that I will find one. I hope I will be able to before the consulate interview.

However, my fiancee is well off financially. She owns 2 houses, a car, and has a decent amount in savings. She is already renting out one of her homes and the other she will be renting out after she moves here. My question is.....does she have the opportunity to discuss how she is able to support both of us? Or is the American fiancee the sole person to carry that burden?

I assume for example, if some rich British man fell in love with and planned to marry some poor U.S. woman, his income and assets should be enough to prove to the consulate he will not become a ward of the state. Yet no matter how many times I search for this, all the answers discuss the U.S. sponsor.

Please help. I'm panicking!! I obviously didn't plan to break my leg.

Jen

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You need to sponsor your fiance. If you don't have an income your options are to get a co-sponsor in the US or use assets instead of income. Your fiance cannot sponsor themselves unless there is a way to transfer their assets into your name.

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For a K-1 London typically you or a co-sponsour will need to fill out the I-134 form. However it has been known for London to accept self-sponsourship, though I do not know any further details on this. I would imagine the person would need a large amount of savings that would make up the 100%.

However, keep in mind that once the foreign fiancé arrives to the US and marries you, any possible exceptions here change. Only you can sponsour your then spouse, and if you cannot then you file the I-864 with a joint-sponsour to make up the 125%.

Here is an older thread about self-sponsouring through London. http://www.visajourney.com/forums/topic/349050-london-k1-self-sponsor/ There are more threads if you run a search on the forum.

My suggestion would be to seek out someone who is willing to help you with sponsourship. A friend or relative, possibly?

Edited by yuna628

K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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Ok I see. So, if I get a job making more than the 125%, which is over 19k USD/year, will they take that into consideration? I mean say a month before the interview I obtain a job and get a letter from my employer detailing my annual income from my new workplace, will this suffice? Ugh!! Why did I have to break my leg?! :(

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It's relatively common for self sponsorship through the London Embassy. You might ask a moderator to move this question over to the UK board where you will get more responses about that.

Another option you have, if you can't find a job or a suitable co-sponsor by the time of the AOS, is to use assets to sponsor - you'll need 3x the poverty limit amount. That's quite a lot of money but you mentioned your fiance had significant savings.

I know couples who have gone through DCF in London and used their house in the UK as an asset for sponsorship on the I-864 - anything you can liquidate within a year. But this may not be possible when filing the I-864 in the US but savings held in a joint bank account might be an option.

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It's relatively common for self sponsorship through the London Embassy. You might ask a moderator to move this question over to the UK board where you will get more responses about that.

Another option you have, if you can't find a job or a suitable co-sponsor by the time of the AOS, is to use assets to sponsor - you'll need 3x the poverty limit amount. That's quite a lot of money but you mentioned your fiance had significant savings.

I know couples who have gone through DCF in London and used their house in the UK as an asset for sponsorship on the I-864 - anything you can liquidate within a year. But this may not be possible when filing the I-864 in the US but savings held in a joint bank account might be an option.

Thank you Trellick. This definitely helps. Do you know where I can find the UK board? I'm new to navigating on this site. Thanks :D

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Thank you Trellick. This definitely helps. Do you know where I can find the UK board? I'm new to navigating on this site. Thanks :D

http://www.visajourney.com/forums/forum/99-united-kingdom/ There you go :)


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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Ok I see. So, if I get a job making more than the 125%, which is over 19k USD/year, will they take that into consideration? I mean say a month before the interview I obtain a job and get a letter from my employer detailing my annual income from my new workplace, will this suffice? Ugh!! Why did I have to break my leg?! :(

London will allow her to self-sponsor for the visa. No I-134 is needed. Positive.

She needs to organize her assets and rental income on a spread sheet or something to present a summary converted to US dollars. Then some proofs like bank statements showing any savings, proof of ownership and market value of houses, rental receipts or contracts. Put together a financial package to show the officer at her interview. She will be able to discuss it also.

For her adjustment of status I-864, you will have to fill out a form even if you make zero income. The rules are strictly outlined in law, unlike the I-134. But because you are married, her rental income and savings and house sale(?) assets can be counted as household income. Work out the numbers and see. If roughly $20,000 in income is required, then 3x$20,000 is the required assets in lieu of income. $60,000 and no income.

If her rental income was $15,000/yr, then there is only a $5000 shortfall that needs to be made up with assets. So that is 3x$5000 ($15,000) needed in assets to cover the shortfall.

So $15,000 rental income plus $15,000 assets is another example combining income and assets.

And if you are employed by then your new job income can be used, as well as her income and assets.

No need to move the post. The UK forum has found you.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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After reading some of the threads on the London site, and what I have seen here, it would seem to me that London may allow for this transfer of assets, of some combination there of, and your situation of breaking your leg.,,.but I would have a co-sponsor just in case.,.,then after the move from London to the USA, all should be fine.

Let us know how this turns out, and good luck.

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You can pretty much go by whatever Nich-Nick says when it comes to London.


November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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You can pretty much go by whatever Nich-Nick says when it comes to London.

Do a search for her on VJ. She has some great posts and guides out there.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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You need to sponsor your fiance. If you don't have an income your options are to get a co-sponsor in the US or use assets instead of income. Your fiance cannot sponsor themselves unless there is a way to transfer their assets into your name.

Not true, UK has self sponsorship as an option


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But then what happens for the aos?

Examples for the OP are outlined in Post #8.

Or read the instructions for the I-864 which explains how the intending immigrant can help.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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