Applying for a K1 - Young and low-income

[Sandr0 0]

I am 19 years old, born in raised in Chicago. I have recently taken a trip to Brazil where I fell in love and got engaged to a woman here, age 20.

I want to know what the best option for me is. I have done a lot of research on K1 and K3 visas and was wondering which path to take. We really don't have a preference where we get married, here in Brazil or in the US. I really don't want to spend the 6+ months apart during the application process. Both of our lives and the nature of my work would let me travel to Brazil and she would be able to travel to the States in December for as long as she would be allowed to stay under a travel visa. I was wondering about the legalities of traveling during the process of a K1 or K3.

Also, I am also a bit worried about the affidavit of support. I work freelance in the film and photo industries for good money, but I fear I will be unable to prove my true income. However, I do have my own apartment provided by my family and I believe I would be able to put it under my assets, but I'm unsure of how that works or if it will help my case. My fiancé has family in the US who have offered to be co-sponsors, but I have read negative things about going that rout.

Do we have a good case?

[milimelo 4,234]

Can't use your only place to live as selling it would cause undue hardship. Get a second job that meets minimum requirements or slow things down until you make enough. Co-sponsors may help with sponsorship but living in the US is not cheap - insurance, medical care, vehicle doesn't just fall from the sky. I wouldn't bring anyone over that I couldn't comfortably pay for their expenses.

Separation is inevitable either before (k1) or during the marriage (cr-1) - you'll live.

[aleful 1,905]

hi

firstly, k3 is obsolete, secondly, or you wait over 6 months for her to come and marry here in the US or if you marry her in Brazil and go through CR1, the process will take a year

there is no short period of time for immigration, she can visit you in the US but not stay, the use of a tourist visa with intent to stay and adjust status is committing fraud

the apartment can't be an asset because it is your primary place of living, you can't be homeless if immigration needed to liquidate your apartment, you have to own more than one property for assets

you will need to get a better job or a joint sponsor, you have time

[mallafri76 1,012]

K-3's absolute, so you would do either K-1 or CR-1. K-1 takes about six months, CR-1 takes about a year. She can visit you during the process if she already has a tourist visa. Getting a tourist visa after you've started the process is usually pretty hard.

You can use your home as an asset but you can use money in the bank/stock portfolio and/or her assets to meet the financial requirements. Or get a joint sponsor. Nothing wrong with that, lots of people use joint sponsors.

[EG3R 3]

You'll need to get a cosponsor or a second job for the affidavit of support.

The K1 visa can be really hard for people because the immigrant spouse doesn't get work authorization until months after the wedding. My husband and I did the CR1 visa, and it's really reassuring to know he'll be able to get a job right away.

This year they've been moving the CR-1 visas really quickly this year for couples who both live overseas. Normally the I-130 takes five months, but they approved ours in just a month. So if living in Brazil is an option, that's one way to speed up the process.

[Greenbaum 12,258]

As long as you can prove with documentation ie recent tax returns that show you are above the poverty line then I see no problem. If you look at a current IRS 1040, look at line #22 and compare that amount to this chart https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf.

If you are above, then begin the process. If you fall short get a second job or a cosponsor. Visit the sub-forum for Brazil and they can answer some of the questions about cosponsors specific to the visa processing in her country. Some country's will allow a co-sponsor others no. Keep doing your homework.

[aaron2020 11,651]

The equity in a primary residence can be used for the I-864. Posters, please be aware that the new and revised I-864 allows this.

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OP,

Perfectly fine for your fiancee to visit on a tourist visa. Bring proof of ties to Brazil; work, school, apartment lease, etc.

The shortest way is the K-1. However, there will be around 90 days where she will not be able to work and can not leave the US without abandoning her immigration process. Look at the comparison guide in the Guides section on VJ.

The K-3 is obsolete. It will be a CR-1 which takes a year.

You can only count the equity in the apartment if you legally own it. Your family's assets are not your assets.

Best of luck.

[yutekao 43]

You can use your apartment as an asset

"You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."