K1 visa/ should we do it not or will it be a waste?

[Rawan 0]

Hi! me and my partner met more than a couple of years ago at university in Egypt. We're both "basically" Egyptians, however he got his US citizenship by birth (he was born there).  He is older than me, however he had some circumstances that made him fall behind schedule at uni and he still has around 3 years to go. I already graduated and we were planning on getting engaged this summer, i will work on the K-1 visa this year and join him next summer (hopefully). He really wants me to come with him as soon as possible to be together, build a life there, and not undergo horrible long distance relationship for no apparent reason. We've been together for a long time and we are used to seeing each other all the time. Both of our families have no problem with the matter and they support us. 

We meet all the requirements of the k-1 visa but i am worried about the part financial part where he should sponsor me there. He will be working this year instead of studying, as he is waiting for the 1 year residency to be completed in order to have much lower university fees. His income will be 100% above the federal poverty line this year, but in the future it won't be as he will start studying and will get a part time job instead. Also, he won't have the "tax return", or something to show his annual gross. But, if i went before his uni starts, married there and got my "adjustment of status" and started working then i would be able to support both of us along with his part time job as well. 

So, here are my questions:

1- Can he even apply the petition now (he  just started working)? if no, how SOON can he petition after he starts working? (we need it ASAP so i hopefully make it there, marry and finish my adjustment of status before his uni starts"

2- Are there other options? 

3- Is cosponsoring gonna help? and how does it work

(i know they will ask for details about his income towards the end of the visa process) but is this "overall" going to even work? are they going to agree to that during the adjustment of status? i know they want  the petitoner to support the beneficiar, so i am not confident about our financial  status in front of the USCIS or US embassy & i know they highly concentrate on this part. 

Notice: he won't have "tax return", or something to show his annual gross salary 

I don't wanna apply for the visa if it has a high chance of rejection in order not to affect any of us in future 

Sorry for the long post...

[Coco8 1,039]

12 minutes ago, Rawan said:

But, if i went before his uni starts, married there and got my "adjustment of status" and started working then i would be able to support both of us along with his part time job as well. 

 

Even with AOS you need a financial sponsor. Your income would not count towards the requirement. You can have another U.S. be a joint sponsor for the financial part.

[Penguin_ie 5,986]

1.  Yes he can petition you now, he won;t need to show financials until the interview in 5-6 months, and he will have several paystubs by then and can bring a letter from the employer saying his job is stable and long term too.  He would need to keep the job at the very least until you are approved for a greencard after AOS, so that can be a year or more after you file.

2/3.  He can try and find a co-sponsor, a friend or family member to stand financial guarantoor for you.

 

One thing- you say you met more than 2 years ago. Have you physically met DURING the last two years?  That is a requirement for filing for a K1.

[Rawan 0]

8 hours ago, Penguin_ie said:

1.  Yes he can petition you now, he won;t need to show financials until the interview in 5-6 months, and he will have several paystubs by then and can bring a letter from the employer saying his job is stable and long term too.  He would need to keep the job at the very least until you are approved for a greencard after AOS, so that can be a year or more after you file.

2/3.  He can try and find a co-sponsor, a friend or family member to stand financial guarantoor for you.

 

One thing- you say you met more than 2 years ago. Have you physically met DURING the last two years?  That is a requirement for filing for a K1.

yes i know, he just left the country around 2 weeks ago to settle down there (find a good place to stay, a job opportunity and so, then he will come back here to get engaged and travel back to the US in August.

 

You said that he needs to keep his full-time job till i get my conditioned green card, but can't he move to a part-time job after i apply for the AOS directly (like while it is processing). If so, how soon can he possibly get a part time job after i apply for the AOS. if we have a cosponsor, how can the situation change? I want him to start his uni as soon as he can. 

 

I also read on other websites that having a cosponsor is not a good sign. 

 

i'm soo sorry for the many questions!!! I just can't find much info about this situation anywhere around the internet

[Rawan 0]

18 hours ago, Coco8 said:

 

Even with AOS you need a financial sponsor. Your income would not count towards the requirement. You can have another U.S. be a joint sponsor for the financial part.

I read on other websites that having a cosponsor is not a good sign and doesn't give a good impression, is this true? 

Also my income won't count even after i get the AOS, or do u mean it will only start counting after i get the conditioned green card?

[Coco8 1,039]

Just now, Rawan said:

I read on other websites that having a cosponsor is not a good sign and doesn't give a good impression, is this true? Also my income won't count even after i get the AOS, or do u mean it will only start counting after i get the conditioned green card?

 

You need the i-864 form (financial sponsor) for AOS. If your partner does not qualify as financial sponsor, you will need a joint sponsor. It doesn't matter how it looks like because without the form you cannot AOS. Without AOS you don't get a green card or an EAD to work, so you cannot make money. 

 

 

 

 

[Mollie09 1,543]

Has he been filing taxes as a US citizen living abroad?

[Rawan 0]

3 hours ago, Mollie09 said:

Has he been filing taxes as a US citizen living abroad?

I don't think so, he barely lived here and he didn't know much about the legal work he has to do he didn't even know filling taxes while abroad was an option

[Rawan 0]

3 hours ago, Coco8 said:

 

You need the i-864 form (financial sponsor) for AOS. If your partner does not qualify as financial sponsor, you will need a joint sponsor. It doesn't matter how it looks like because without the form you cannot AOS. Without AOS you don't get a green card or an EAD to work, so you cannot make money. 

 

 

 

 

Aha i get it, we will try to get a cosponser anyways. However, i mean after submitting the form and the papers for AOS, would he be able to go for a part time job then? And how long does the EAD usually take? 

[Mollie09 1,543]

1 hour ago, Rawan said:

I don't think so, he barely lived here and he didn't know much about the legal work he has to do he didn't even know filling taxes while abroad was an option

Not really an option as much as a legal requirement. He'll need to file back taxes.

[Coco8 1,039]

2 hours ago, Rawan said:

Aha i get it, we will try to get a cosponser anyways. However, i mean after submitting the form and the papers for AOS, would he be able to go for a part time job then? And how long does the EAD usually take? 

Yes, after AOS he can work part time. 

 

The EAD usually takes 3-4 months. 

 

If you want to be able to work almost right away, you could marry. The IR-1/CR-1 visa takes longer but you don't have to AOS. It is also much cheaper because you don't have to AOS. Doing AOS after the K-1 is like 1,500 or so if I'm not mistaken.

 

 

[Rawan 0]

16 hours ago, Coco8 said:

Yes, after AOS he can work part time. 

 

The EAD usually takes 3-4 months. 

 

If you want to be able to work almost right away, you could marry. The IR-1/CR-1 visa takes longer but you don't have to AOS. It is also much cheaper because you don't have to AOS. Doing AOS after the K-1 is like 1,500 or so if I'm not mistaken.

 

 

How long does the CR-1 visa take though?  I heard the CR-1 visa can take a very long time and we don't have more than a year as he is supposed to start uni next year's fall. 

[Rawan 0]

16 hours ago, Coco8 said:

Yes, after AOS he can work part time. 

 

The EAD usually takes 3-4 months. 

 

If you want to be able to work almost right away, you could marry. The IR-1/CR-1 visa takes longer but you don't have to AOS. It is also much cheaper because you don't have to AOS. Doing AOS after the K-1 is like 1,500 or so if I'm not mistaken.

 

 

 Sorry, another quick question please. Does he have to keep his full time job while the EAD is processing & till it's issued? Like does he have to keep the full time job for these 3-4 months of the EAD?

 

as we plan to stay with a relative for thesein few months (in order not to pay rent)till i get the EAD and work

[Coco8 1,039]

7 minutes ago, Rawan said:

How long does the CR-1 visa take though?  I heard the CR-1 visa can take a very long time and we don't have more than a year as he is supposed to start uni next year's fall. 

 

Yes, CR-1 takes 12-14 months. 

 

But K-1 takes 6-8 months and they you have to add 4 months for AOS. So if you add 8+4=12. It almost ends up being the same amount of time. K-1 is also much more expensive. 

 

You can check the time that it has taken for people from Egypt on "processing time". In some countries the consulate stage takes longer. 

 

I think it is too optimistic to think that in August of 2018 you would be working in the US to support him. 

 

[Rawan 0]

2 minutes ago, Coco8 said:

 

Yes, CR-1 takes 12-14 months. 

 

But K-1 takes 6-8 months and they you have to add 4 months for AOS. So if you add 8+4=12. It almost ends up being the same amount of time. K-1 is also much more expensive. 

 

You can check the time that it has taken for people from Egypt on "processing time". In some countries the consulate stage takes longer. 

 

I think it is too optimistic to think that in August of 2018 you would be working in the US to support him. 

 

This is what i have been thinking, it's becoming too overwhelming lol. I will actually be doing the visa in kuwait since i live there now. It's quicker in kuwait. 

I absolutely feel confused right now, ihave no idea what visa to file for now, and have no idea when to file for it 😅