K1 Questions

[Despin42 0]

Me and my fiance have been engaged for the past 8 months and are entering the 3rd year of our relationship and are trying to decide if we should get married in her country or in the US after browsing the forum for a few hours and only managing to raise my level of anxiety about the process ive put together a list of the questions I have (some are answered in other post however I fell as if my situation might have slight variations)

1. Ive noticed that after arriving on a K1 visa and getting married my wife would then have to file for and adjustment in order to be able to stay in the US; However, we do not have plans to Live in the US we would just like to get married here and then move down to South America, is it 100% necessary that we adjust her status or could we do that 5 years from now if we decide we want to live in the US?

2. She has a daughter who is 8 years old and DOES NOT have a passport, the daughter would not be traveling with her to attend the wedding, would she still have to attend the interview process at the Embassy?

3.I spent the past 2 years and 4 months living in south america with her so I don't have a very impressive bank account as a "sponsor" since I have only been working for 4 months now wile going to school full time. how will this effect my credibility as a sponsor? would I have to get 2 Co-Sponsors on my forms? do they have to be direct relatives?

4. Can the forms she has to fill out be faxed to me or does she have to mail me the original copies of the form with her signature

Thank you ahead of time for anyone who takes the time to respond to this!, never knew it would be so complicated to marry a non US citizen! SHEESH!!!!!!

[lost_at_sea 995]

However, we do not have plans to Live in the US we would just like to get married here and then move down to South America

If you just want to get married in the USA but not actually live there, then you don't need a K1. You can marry on a tourist visa in the USA. K1 is for those who want to stay and immigrate after marriage.

[baron555 934]

1. Ive noticed that after arriving on a K1 visa and getting married my wife would then have to file for and adjustment in order to be able to stay in the US; However, we do not have plans to Live in the US we would just like to get married here and then move down to South America, is it 100% necessary that we adjust her status

No, not really. If all you want to do is get married in the US, then why not apply for a visitor's visa?

or could we do that 5 years from now if we decide we want to live in the US?

Then you'd file for a CR-1 Spousal visa or DCF.

2. She has a daughter who is 8 years old and DOES NOT have a passport, the daughter would not be traveling with her to attend the wedding, would she still have to attend the interview process at the Embassy?

No

3.I spent the past 2 years and 4 months living in south america with her so I don't have a very impressive bank account as a "sponsor" since I have only been working for 4 months now wile going to school full time. how will this effect my credibility as a sponsor? would I have to get 2 Co-Sponsors on my forms?

Only can have one cosponsor.

do they have to be direct relatives?

No

4. Can the forms she has to fill out be faxed to me or does she have to mail me the original copies of the form with her signature

The Letter of Intent and her G325A must be original signatures.

Thank you ahead of time for anyone who takes the time to respond to this!, never knew it would be so complicated to marry a non US citizen! SHEESH!!!!!!

It's a privledge, not a right. Thank goodness we in the US have this.

[Despin42 0]

Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

[Cody and Daisy 373]

Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

Your co sponsor would need to make the required amount alone.

You cannot join a co sponsors finance with your own to get the required amount.

[Unshakable Faith 493]

Phew! well you guys helped lower my anxiety levels.

I noticed that if you do get married on a tourist visa you run the risk of it being viewed as Immigration fraud since we already planned on getting married. but from what you guys have told me maybe my best option would be to Complete the K1 and not follow threw with the green-card portion until we make a concrete decision on where we will plan on living.

I am currently making 16,000 a year before taxes so if my math is right I would need a sponsor who can match the other 9 thousand needed for me to reach the 25,000 dollar minimum for 125% of a household family of 3 (since the daughter will be included in the visa) I haven't personally filed a tax form in the past 4 years since Ive been a Dependent to a relative would our total annual household income be what they look at in the G325A?

It is only fraud if you plan on getting married on a visitor's visa and just adjusting her status afterwards so that she can stay. It is not viewed as immigration fraud to marry here and then return to your country of residence. IF you have not decided what country you want to live in, I would try to figure this out beforehand.

If you already know that you want to live in another country, I would file for the visitor's visa and prove very strong ties that your fiancee has that will show you plan to return after your wedding.

[TBoneTX 43,048]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing visa paths. ***