Question about my daughters K-1 visa.(merged)

[templeton 120]

I believe it is time for my daughter to prove she can do this for herself, by herself!

Thank you, thank you, thank you! It's refreshing to hear someone say this. I would be saying the same thing as a parent. While this is my own opinion, I don't believe they should even allow co-sponsors for fiance(e) or marriage visas at all (or at least only under certain specific circumstances).

While I certainly understand people want to be with their loved ones, marriage is a big, grown-up, adult CHOICE to make. While anyone legally able to get married is free to do so, petitioners should at least have to demonstrate they are capable of meeting these (minimal) immigration requirements on their own.

Edited May 4, 2016 by templeton

[Pennycat 880]

She has no money saved, just started a new job and lives at home. She has to find an apartment before her fiance gets here, as I do not have the room for the two of them in my home. My daughter is currently sleeping on the couch. She returned home late January from a 6 month vacation in Scotland, she was supposed to be getting her own place by May (no plans as of yet). She sold all of her belongings and went to Scotland last year in July believing she could stay indefinitely. Her plan was to stay for six month, leave for one day by taking a day trip to Ireland and reentering Scotland for another 6 months (and repeat). She had no intentions on returning home to the USA and has only done so due to not being able to stay in Scotland. She attempted to get a school visa; however, her high school GPA wasn't strong enough to be considered for any Universities in Scotland, also she had no money to fund her education. My daughters fiances family had an unwillingness/inability to sponsor my daughter so she could to stay...RED FLAG. As I am expected to sponsor her fiance on the word of them being financially responsible. Her fiance is finishing University this June as an Illustrative Artist. My daughter is taking EMT classes and works as a security officer, they have big plans to move to the West or East coast...Unfortunately if I cosponsor I fear for the next 10 years I will be legally liable. I want what is best for my daughter but the more I research and ask questions the more I realize how ill-prepared she and her fiance are. Feeling discouraged for my daughter and understanding my spouses hesitance in being a cosponsor.

Yikes. Whoever told her that would work did her a REAL disservice. She's not able to return to the UK at all now, is she?

If it helps, you're only liable for anything if the immigrant gets any sort of welfare. And even then, the state/county/whoever would have to track you down for it. It doesn't happen much, I don't think.

For what it's worth-- the UK has a much stricter (higher) income requirement than the US and I don't think they allow co-sponsors. It's a big "thing" there right now (relatively new law that a lot of people find too harsh-- it prevents people like your daughter's fiance (students or recent grads) from having their foreign spouses live in the UK with them and then leads to situations like your daughter's-- trying to immigrate illegally). The fiance's parents may not be able to sponsor even if they were willing.

But still, she's way too optimistic if she thinks that she can afford the K1 and AOS (adjustment of status-- the applying for the work/green card part) process on $10/hr. And her own place plus this process? Nope. I'd say they should meet up somewhere they're both able to travel, get married and apply for a spouse visa. By then, both of them should have their financial worlds straightened out better, and then fiance will be eligible to work Day 1. But if you did want to help with this process, know that the risk is relatively low in terms of the government coming after you (but sounds high that you'll be saddled with supporting both of them anyway). And they're probably 50/50 able to get through the embassy without your help, but probably unable to get the green card without your help-- which is a Catch-22 for you. No green card= no (legal) work (and you're open to the same issues your daughter had in UK) which means unlikely they'll be able to support themselves and you're stuck with them anyway. Help with the green card= potential legal liability for fiance.

Edited May 4, 2016 by CatherineA

[Harpa Timsah 13,258]

Oh I don't know... We were all naive once. How can you learn if you don't try and risk making mistakes? She learned her lesson about day trips to Ireland. She'll learn her lesson about K-1 processing times. That's real life. They are young and probably happy in a small apartment with roommates. What really matters is how they respond to the mistakes.

[Illiria 980]

Which university is he going to in the UK?

You don't have to co sponsor for your daughters fiancé at all if you don't want to, I wouldn't for my brother even though I love him as he is such a flake financially, and if she wants him to live in the US then she has to sponsor him. Sorry but the number of times I have seen on here people co sponsor and then the us citizen and foreign fiancé take that as they will be supported by the sponsor as they can't be bothered to do the next steps or get better jobs is ridiculous.

She seems like she thinks she can ask for forgiveness later instead of permission now when it comes to immigration, a common attitude I have encountered since moving here. Drives me nuts.

I totally agree with the financial requirements in the uk, if hey had been in place when my father in law had been getting his second wife over then my husband wouldn't have lost access to his childhood home or his childhood possessions. The fact that it was enacted meant that there wasn't two nieces brought over to the uk to live on benefits as well as the second wife and half brother.

[templeton 120]

"my daughter visited with her"

Was I the only one that caught this?

[Harpa Timsah 13,258]

"my daughter visited with her"

Was I the only one that caught this?

No, but why does it matter? We have same sex immigration in the US now, if that is the case.

[templeton 120]

No, but why does it matter? We have same sex immigration in the US now, if that is the case.

Simply because people keep referring to the fiancee as a HIM

[Unlockable 7,306]

Ah, youth and naivety. O' how I miss thee.

Your promise of nothing-will-go-wrong was intoxicating.

OP,

Your daughter is ill-informed on a lot of things and I applaud you for doing your own research. Reentering a country 6 months at a time after only a one day exit? 6 week K1 visa?

Educate, educate, educate your daughter on the process. Hopefully she will be receptive.

Edited May 4, 2016 by NuestraUnion

[aaron2020 11,651]

Simply because people keep referring to the fiancee as a HIM

OP didn't correct us. This is irrelevant. Can we just get back to the issues?

[Nich-Nick 3,353]

"my daughter visited with her"

Was I the only one that caught this?

Nope. I referred to the fiancé going to her interview in London.

This whole thing is still doable by the daughter alone. She makes $20,800 which is over the threshold. With motivation, maybe they could save some money to have assets to show as well. It will not be impossible to meet the immigration requirements for support without the parents. However it will take some cash just to get the visa and greencard. There are the required fees. Add in two trips to London for the Scottish girl (medical and interview), passport photos (1 petition,4 medical, 2 embassy, 6 AOS) flight to US, shipping belongings, marriage costs.

K1 London route = $1705 + £295

$340 (USCIS) I-129F petition

£45 (ACPO) Police certificate just before petition approval

£250 (Knightsbridge Doctors) medical exam. Pay at exam.

$265 (Embassy) Visa fee prior to interview. Online pay.

$30 Courier fee if home delivery, $0 to pick up at a depot. Online.

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole (after marriage)

[Harpa Timsah 13,258]

Simply because people keep referring to the fiancee as a HIM

Meh. A mistake like that doesn't make the advice any less valid.

[Boiler 43,714]

I saw the her.

I self sponsored my K1 and suggest you let them do the same.

Sounds like a BOMAD situation, do you want to be that?

[LionessDeon 2,060]

"my daughter visited with her"

Was I the only one that caught this?

No, but it wasn't pertainent to the question or information in the answers given. Fiance fiancee....doesn't matter.

[abhi_meli 150]

"my daughter visited with her"

Was I the only one that caught this?

nope ur not the only one...

[yuna628 9,541]

She has no money saved, just started a new job and lives at home. She has to find an apartment before her fiance gets here, as I do not have the room for the two of them in my home. My daughter is currently sleeping on the couch. She returned home late January from a 6 month vacation in Scotland, she was supposed to be getting her own place by May (no plans as of yet). She sold all of her belongings and went to Scotland last year in July believing she could stay indefinitely. Her plan was to stay for six month, leave for one day by taking a day trip to Ireland and reentering Scotland for another 6 months (and repeat). She had no intentions on returning home to the USA and has only done so due to not being able to stay in Scotland. She attempted to get a school visa; however, her high school GPA wasn't strong enough to be considered for any Universities in Scotland, also she had no money to fund her education. My daughters fiances family had an unwillingness/inability to sponsor my daughter so she could to stay...RED FLAG. As I am expected to sponsor her fiance on the word of them being financially responsible. Her fiance is finishing University this June as an Illustrative Artist. My daughter is taking EMT classes and works as a security officer, they have big plans to move to the West or East coast...Unfortunately if I cosponsor I fear for the next 10 years I will be legally liable. I want what is best for my daughter but the more I research and ask questions the more I realize how ill-prepared she and her fiance are. Feeling discouraged for my daughter and understanding my spouses hesitance in being a cosponsor.

Where did your daughter get the impression she could stay as long as she pleased in the UK? What she attempted to do was not only incredibly unwise but could have landed her in detention before being shipped back to the US. The UK doesn't take very kindly to schemes of that nature. She also could not transfer from a visiting visa to another visa even if she had wanted to. In addition while you have mentioned the fiancé's parents unwilling to 'sponsor' her. There is no co-sponsorship in the UK. If she ever wishes to work and reside in the UK with her fiancé or future spouse she would have to do so through a student visa directly or have her fiancé sponsor her as a spouse visa with their own funds. Only the UK citizen's funds count. The UK immigration law is extremely harsh in that regard. So for the UKC's family part, this is not a red flag, merely that they are not allowed to sponsor her even if they wanted to, and they, like you are unwilling to bear the financial burden for 'keeping her' of which the government would not take into account anyway.

That being said, despite whatever choices your daughter has made, unwise or not they are her life choices. She is an adult. You may want what's best for her, but she is her own person. Marriage is a serious commitment. Your daughter's fiancé also has some serious things to consider. Once they immigrate to the US, if they ever wanted to return to live in the UK, they will not be able to do so legally with your daughter unless they personally can fulfill every rule and regulation of the UK immigration law or they have some serious cash on hand. Once committed to stay in the US and make a life for themselves as a couple, the average UKC is going to have to be in it for the long haul. In that way the UKC has a lot to consider and should educate themselves on both sides of the immigration law.

Oh I don't know... We were all naive once. How can you learn if you don't try and risk making mistakes? She learned her lesson about day trips to Ireland. She'll learn her lesson about K-1 processing times. That's real life. They are young and probably happy in a small apartment with roommates. What really matters is how they respond to the mistakes.

Yes indeed, we were all naïve once and probably made our own share of mistakes. But we all have to learn from them. It's why I can't pass judgment on the love this couple has or if it will be successful or what this couple should even do, beyond at least advising all parties need to be educated in the matter. Marriage is a big thing, and immigration isn't something that should be done lightly.

Nope. I referred to the fiancé going to her interview in London.

This whole thing is still doable by the daughter alone. She makes $20,800 which is over the threshold. With motivation, maybe they could save some money to have assets to show as well. It will not be impossible to meet the immigration requirements for support without the parents. However it will take some cash just to get the visa and greencard. There are the required fees. Add in two trips to London for the Scottish girl (medical and interview), passport photos (1 petition,4 medical, 2 embassy, 6 AOS) flight to US, shipping belongings, marriage costs.

K1 London route = $1705 + £295

$340 (USCIS) I-129F petition

£45 (ACPO) Police certificate just before petition approval

£250 (Knightsbridge Doctors) medical exam. Pay at exam.

$265 (Embassy) Visa fee prior to interview. Online pay.

$30 Courier fee if home delivery, $0 to pick up at a depot. Online.

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole (after marriage)

I was thinking this as well. It seems it could be doable by the OP's daughter financial wise without help, though difficult. It seems however the living situation would be more difficult. Having an apartment with a roommate or two could cut costs down for her. It doesn't sound as if she's in a dead end job, and she's seeking extra training to better herself in the future. The UKC fiancé also seems to have a degree in the future, which opens up some decent job prospects after the waiting period. I would not go into it without having some sort of extra financial cushion through savings. Perhaps saving for an entire year (both the UKC and USC) before filing the application.