K1 Process is it right for me? Need help!

[Matthew F 0]

Okay so I met someone (my girlfriend) through the Internet and we really want to be together we're both 18 as of now. We video call, text everyday constantly, call each other and talk constantly, we have both decided that we want to get married in the near future. I live in the UK and my girlfriend lives in the US. I am going to visit her in April 2018 but I want to get my studies out of the way (college) finish in June 2018. She won't be able to support me but she could partially, she has talked to her parents and they said that they would be willing to let me stay at their house and live there until everything is sorted and I am settled in the US. I am unsure whether they would meet the financial requirement. Does it have to be 125% or can it just be over 100%. There are 3 of them living in the house right now my girlfriend her step dad and her mom. Because I would be living there would the household income include me therefore would they need to meet the requirement for 3 people or 4 and I am unsure whether they can even support me, can they support me or does it have to be my girlfriend. I have read up a little bit on visas and I think it would be best to get a K1 visa and then get married and file for adjustment of status and get my green card, can I stay in the US while applying for the card? I am looking to visit her in April for 10 days and then apply for a K1 visa and will be looking to be in he USA late 2018/Early 2019. We're also thinking of getting engaged in the time I visit in April.

 

Also i need to know what documents would be needed from me and what she needs for everything.

 

Thanks

Edited September 26, 2017 by Matthew F

[TamaraN 72]

10 minutes ago, Matthew F said:

Okay so I met someone (my girlfriend) through the Internet and we really want to be together we're both 18 as of now. We video call, text everyday constantly, call each other and talk constantly, we have both decided that we want to get married in the near future. I live in the UK and my girlfriend lives in the US. I am going to visit her in April 2018 but I want to get my studies out of the way (college) finish in June 2018. She won't be able to support me but she could partially, she has talked to her parents and they said that they would be willing to let me stay at their house and live there until everything is sorted and I am settled in the US. I am unsure whether they would meet the financial requirement. Does it have to be 125% or can it just be over 100%. There are 3 of them living in the house right now my girlfriend her step dad and her mom. Because I would be living there would the household income include me therefore would they need to meet the requirement for 3 people or 4 and I am unsure whether they can even support me, can they support me or does it have to be my girlfriend. I have read up a little bit on visas and I think it would be best to get a K1 visa and then get married and file for adjustment of status and get my green card, can I stay in the US while applying for the card? I am looking to visit her in April for 10 days and then apply for a K1 visa and will be looking to be in he USA late 2018/Early 2019. We're also thinking of getting engaged in the time I visit in April.

 

Also i need to know what documents would be needed from me and what she needs for everything.

 

Thanks

I believe it is 125% for income but I am not sure. If your girlfriend doesn't meet the income requirements her parents can agree to sponsor you. They would have to meet the income requirements for 4 people (the three currently living with them, plus you). If her parents do agree to sponsor your, they would complete an affidavit of support, your girlfriend has to complete one as well, even if she does not meet the income requirements.

[broppy 204]

If money's tight, you may want to look at getting married first and then applying for a CR-1 visa - the process is a little slower, but costs less than K-1. And with K-1, there will be a period of around 3-4 months after arriving in the US that you are not able to work and will be entirely dependent on your fiancee/wife/in-laws - with the CR-1 you're entitled to work from the moment you enter the country.

[Ashley Scott 180]

19 minutes ago, Matthew F said:

Okay so I met someone (my girlfriend) through the Internet and we really want to be together we're both 18 as of now. We video call, text everyday constantly, call each other and talk constantly, we have both decided that we want to get married in the near future. I live in the UK and my girlfriend lives in the US. I am going to visit her in April 2018 but I want to get my studies out of the way (college) finish in June 2018. She won't be able to support me but she could partially, she has talked to her parents and they said that they would be willing to let me stay at their house and live there until everything is sorted and I am settled in the US. I am unsure whether they would meet the financial requirement. Does it have to be 125% or can it just be over 100%. There are 3 of them living in the house right now my girlfriend her step dad and her mom. Because I would be living there would the household income include me therefore would they need to meet the requirement for 3 people or 4 and I am unsure whether they can even support me, can they support me or does it have to be my girlfriend. I have read up a little bit on visas and I think it would be best to get a K1 visa and then get married and file for adjustment of status and get my green card, can I stay in the US while applying for the card? I am looking to visit her in April for 10 days and then apply for a K1 visa and will be looking to be in he USA late 2018/Early 2019. We're also thinking of getting engaged in the time I visit in April.

 

Also i need to know what documents would be needed from me and what she needs for everything.

 

Thanks

If I remember correctly, the sponsor will have to meet 100% the poverty line for the K1 but will need to prove 125% for AOS.  The sponsorship is not the only thing to consider though.  I highly recommend you all take a lot of time to research and prepare before filing for the K1.  It is a very costly process between the petition and medical and travel, etc.  And then once you arrive in the states there are many more financial things to consider.  The cost of AOS is high and of course financially supporting an extra person in the household. 

 

I am not discouraging you from the process, just want to make sure you prepare yourself ahead of time.  Concentrate on your visit in April and enjoy that time getting to know each other on a personal level.  Save money in the meantime to go towards future expenses.  Don't let it turn into a financially stressful process.  You guys are both young and have plenty of time to prepare to be together. 

 

As for documents.. Go through the K1 visa guide on this page.  It is very helpful in listing all of the requirements for filing for a K1 visa.  Good luck to you in your relationship and whichever decision you decide on.

[geowrian 22,335]

There is no firm requirement for the I-134. Many COs go by the 100% level, but at some embassies they go by 125%. Either way, the I-134 is only a tool to help the CO make a decision on the public charge concern...they will look at the totality of the circumstances. Some embassies will accept a co-sponsor, some won't, and some only do so on a case by case basis.

 

I would also suggest looking at getting married and doing a CR-1 instead if money is an issue. It's cheaper, allows work immediately, and allows travel immediately. The I-864 used for it has a 125% of the federal poverty level minimum requirement, but a joint sponsor is permitted.

33 minutes ago, Matthew F said:

I have read up a little bit on visas and I think it would be best to get a K1 visa and then get married and file for adjustment of status and get my green card, can I stay in the US while applying for the card?

Yes, once you file for AOS, you are granted authorized stay while your case is pending.

 

I suggest reading up a little more on the guides...you can never be to prepared.

K-1: http://www.visajourney.com/content/k1guide

CR-1: http://www.visajourney.com/content/i130guide1

Which visa do I need (ignore K-3...it's obsolete): http://www.visajourney.com/content/compare

[Matthew F 0]

26 minutes ago, geowrian said:

There is no firm requirement for the I-134. Many COs go by the 100% level, but at some embassies they go by 125%. Either way, the I-134 is only a tool to help the CO make a decision on the public charge concern...they will look at the totality of the circumstances. Some embassies will accept a co-sponsor, some won't, and some only do so on a case by case basis.

 

I would also suggest looking at getting married and doing a CR-1 instead if money is an issue. It's cheaper, allows work immediately, and allows travel immediately. The I-864 used for it has a 125% of the federal poverty level minimum requirement, but a joint sponsor is permitted.

Yes, once you file for AOS, you are granted authorized stay while your case is pending.

 

I suggest reading up a little more on the guides...you can never be to prepared.

K-1: http://www.visajourney.com/content/k1guide

CR-1: http://www.visajourney.com/content/i130guide1

Which visa do I need (ignore K-3...it's obsolete): http://www.visajourney.com/content/compare

Would her step dad and mom have to fill out seperate I134s to be included in the package if they are going to joint sponsor?

[geowrian 22,335]

Just now, Matthew F said:

Would her step dad and mom have to fill out seperate I134s to be included in the package if they are going to joint sponsor?

Just to clarify by "in the package"...the I-134 is presented at the embassy, not with the I-129F.

 

If she needs a co-sponsor, each co-sponsor would need to provide their own I-134 + documentation. That said, one good sponsor is all that's needed  ( although with spouses for the I-864 for a CR-1 or AOS, they do like an I-864A from the other spouse).

[Matthew F 0]

12 minutes ago, geowrian said:

Just to clarify by "in the package"...the I-134 is presented at the embassy, not with the I-129F.

 

If she needs a co-sponsor, each co-sponsor would need to provide their own I-134 + documentation. That said, one good sponsor is all that's needed  ( although with spouses for the I-864 for a CR-1 or AOS, they do like an I-864A from the other spouse).

Does each co sponsor have to meet the requirement or can their salaries add up to meet the requirement (we will all be living in the same house) therefore if they meet the 125% between them does that count?

[geowrian 22,335]

13 minutes ago, Matthew F said:

Does each co sponsor have to meet the requirement or can their salaries add up to meet the requirement (we will all be living in the same house) therefore if they meet the 125% between them does that count?

The joint sponsor has to wholly meet the financial requirements. For the I-864, if a family member in the same household as the sponsor signs an I-864A, then the income of that person can be combined with the sponsor.

 

However, it's hard to say how a CO will treat it for the I-134 since it's only a tool to help them make a decision...there's no matching I-134A. I wish I had more info there, but I can just say they will look at the totality of the circumstances. If they both want to fill out an I-134 just in case, then they can do so. Note that the I-134 is not enforceable anyway (the I-864 for AOS is, and the parents can combine incomes there, as noted above).

 

Normally the UK isn't too strict on the I-134 from what I've read.

[implife 318]

2 hours ago, Matthew F said:

Okay so I met someone (my girlfriend) through the Internet and we really want to be together we're both 18 as of now.

You're only 18. If I were you, I would take the time to let the relationship (and yourselves) mature before making such commitment. Visit each other a few times, finish your degree, get a job, and then you won't need to worry about income requirements. Do you really want to move to another country just to become someone else's financial burden?

You may be missing the bigger picture here. Just saying...

[Matthew F 0]

25 minutes ago, geowrian said:

The joint sponsor has to wholly meet the financial requirements. For the I-864, if a family member in the same household as the sponsor signs an I-864A, then the income of that person can be combined with the sponsor.

 

However, it's hard to say how a CO will treat it for the I-134 since it's only a tool to help them make a decision...there's no matching I-134A. I wish I had more info there, but I can just say they will look at the totality of the circumstances. If they both want to fill out an I-134 just in case, then they can do so. Note that the I-134 is not enforceable anyway (the I-864 for AOS is, and the parents can combine incomes there, as noted above).

 

Normally the UK isn't too strict on the I-134 from what I've read.

Thank you for your time and replies, so could her mom be the sponsor and her step dad be the co sponsor and then can they combine their income? As we will all be living together

[geowrian 22,335]

15 minutes ago, Matthew F said:

Thank you for your time and replies, so could her mom be the sponsor and her step dad be the co sponsor and then can they combine their income? As we will all be living together

Your fiance must be the primary sponsor. Either parent can be a co-sponsor, and if you want to have both ready to go, that's fine as well for the I-134.

 

For AOS, they will be able to combine incomes via an I-864A.

[Matthew F 0]

2 minutes ago, geowrian said:

Your fiance must be the primary sponsor. Either parent can be a co-sponsor, and if you want to have both ready to go, that's fine as well for the I-134.

 

For AOS, they will be able to combine incomes via an I-864A.

So my girlfriend will be going to college and won't be able to earn a lot of money therefore she won't contribute a lot. Also I don't think one sponsor from the parents will be enough to meet the requirement. Do you have any idea of what we can do? Thanks again 

[Villanelle 4,121]

Geowrain already answered you. Look at the form 864. Its the one you need for AOS once in the US. She will fill it out and her parents can be qualifying household members and add their income to the total by each filling out an 864a.

 

For the K visa you fill out the 134. There is no space on that form for qualifying relatives to use their income to help. So you can have them both fill out a 134 along with your fiancees. The UK is pretty easy when it comes to the 134. 

However many people here have suggested you do the CR (get married). Because you then will be able to work as soon as entering the US. Its your choice. There is a chance the 134 wont be accepted. But the 864a has to be accepted

 

Working right upon entry may not seem like a big deal but it is. Can you afford to go months with no income? Esp since her family is right at the poverty line. The US is very expensive. 

Edited September 26, 2017 by Damara

[Matthew F 0]

14 minutes ago, Damara said:

Geowrain already answered you. Look at the form 864. Its the one you need for AOS once in the US. She will fill it out and her parents can be qualifying household members and add their income to the total by each filling out an 864a.

 

For the K visa you fill out the 134. There is no space on that form for qualifying relatives to use their income to help. So you can have them both fill out a 134 along with your fiancees. The UK is pretty easy when it comes to the 134. 

However many people here have suggested you do the CR (get married). Because you then will be able to work as soon as entering the US. Its your choice. There is a chance the 134 wont be accepted. But the 864a has to be accepted

 

Working right upon entry may not seem like a big deal but it is. Can you afford to go months with no income? Esp since her family is right at the poverty line. The US is very expensive. 

I know that they can combine their income for the I-864 for AOS when I'm there but what my point is I know they can all fill out an I-134 but what I'm trying to say is will all incomes be taken into account by the consulate or will they take into account my  girlfriends and the other co sponsor or will all three be taken into account. Sorry but I'm new to this and it is all very confusing and I'm just a little worried. Thanks for replying