k1 visa Lack of Affidavit

[EmmaS97 0]

I am concerned and making myself sick with worry about my k1 visa interview.

 

This interview is in a weeks time and I have resigned myself to what is ultimately going to be a failed visa attempt. My fiance is currently doing his best to help alleviate some of my concerns but I think there may be some help here.

 

My fiancé and I are 20 years old and he has recently graduated from college in America and is currently unemployed (obviously he is taking all interviews and job opportunities that are coming his way). However, due to this we are not able to fill out an affidavit of support and this is what is causing me so much distress. 

 

I am aware that on the website it says that the affidavit is not a requirement for a k1 visa approval but that evidence that I will not become a strain on the economy and on America is, obviously, a requirement.

 

Due to this I have been e-mailing preschools in which I am eager to work in and have received four e-mails back confirming that I would be able to set up an interview once I was in America and once all of my paperwork was done. My fiancé's aunt has also offered me a job in the preschool that she is starting up.

 

My question, to all you lovely people, is would that be enough? I feel like my future really is hanging in the balance here and anyone who could provide some help would be so greatly appreciated!

[Abdeslam 47]

what about a sponsor , like his parent ?

[Scandi 3,977]

Your fiancé is your main sponsor and will have to fill out i-134 and supporting documents. He also needs to find a co-sponsor in the US that meets the poverty guideline if he doesn't. He needs to send all this to you so you can bring it to the interview.

[Penguin_ie 5,986]

The good news is that LOndon is one of the easiest US embassies to get through, financial sponsorship wise.  But yes, if both of you are unemployed that is an issue.  Some suggestions:

-  Make sure you have evidence with you of any assets; cars, savings accounts, even expensive jewellery.

-  Get the aunt who promised a job to write a letter on her pre-school's letter head officially saying so.

- Can your US fiance get a stop-gap job? I know a week isn't much time, but it is a good time to be hired for the holiday season in retail.....

[EmmaS97 0]

3 hours ago, Penguin_ie said:

The good news is that LOndon is one of the easiest US embassies to get through, financial sponsorship wise.  But yes, if both of you are unemployed that is an issue.  Some suggestions:

-  Make sure you have evidence with you of any assets; cars, savings accounts, even expensive jewellery.

-  Get the aunt who promised a job to write a letter on her pre-school's letter head officially saying so.

- Can your US fiance get a stop-gap job? I know a week isn't much time, but it is a good time to be hired for the holiday season in retail.....

So we're not both unemployed, I currently have a very good job that lays fairly well and have saved up all the money I can in order to make this move so I have money and a job behind me - which I suppose is good news!

 

Thank you so much for your response that's actually eased my worry a little bit - I just feel like my whole life hangs in the balance and it's going to be for naught because he's fresh out of college!

 

I will absolutely try and get those kinds of documentation!

[EmmaS97 0]

6 hours ago, Scandi said:

Your fiancé is your main sponsor and will have to fill out i-134 and supporting documents. He also needs to find a co-sponsor in the US that meets the poverty guideline if he doesn't. He needs to send all this to you so you can bring it to the interview.

Getting those documents within a week is very very unlikely but thank you so much for your response!

[Penguin_ie 5,986]

You having a job is good news!  London is one of the few embassies that allows self-sponsorship.  Make sure to bring evidence of your current salary (paystubs, employment letter etc), despite your job obviously ending when you immigrate.

[EmmaS97 0]

Just now, Penguin_ie said:

You having a job is good news!  London is one of the few embassies that allows self-sponsorship.  Make sure to bring evidence of your current salary (paystubs, employment letter etc), despite your job obviously ending when you immigrate.

This is so so helpful I cannot begin to thank you. Pay stubs I cam do but what kind of work letter? (I'm supposing any kind that would confirm my employment?) This has brought me some great hope!

[Wuozopo 4,285]

As easy as London is, I feel you will need a sponsor. You only need ONE I-134 filled out by the person sponsoring you. It does NOT have to be from your fiancé. I can't think of a time that London has ever approved someone with potential for a job in the future. Your current job will not help because it ends when you move.  London would let you self-sponsor, but I doubt a 20 yr old has $30-40k cash in the bank, which is what others have self-sponsored with. 

 

Edit to add:  if you can't have a sponsor in place before your interview, they will allow you to send that documentation by courier later. Then they will continue with your visa processing. Or you could pick a new interview date because you actually shouldn't have booked one or stated on your readiness form that you had everything in place before having the financial support worked out and in hand.

Edited October 8, 2017 by Wuozopo

[EmmaS97 0]

36 minutes ago, Wuozopo said:

As easy as London is, I feel you will need a sponsor. You only need ONE I-134 filled out by the person sponsoring you. It does NOT have to be from your fiancé. I can't think of a time that London has ever approved someone with potential for a job in the future. Your current job will not help because it ends when you move.  London would let you self-sponsor, but I doubt a 20 yr old has $30-40k cash in the bank, which is what others have self-sponsored with. 

 

Edit to add:  if you can't have a sponsor in place before your interview, they will allow you to send that documentation by courier later. Then they will continue with your visa processing. Or you could pick a new interview date because you actually shouldn't have booked one or stated on your readiness form that you had everything in place before having the financial support worked out and in hand.

Okay I understand that but on the US embassy in London's website the only stipulation for that requirement is that you can prove you will not be a burden on the American nation.

Given that my fiancé and I are going to be living with his parents and that I am going over to the United States with enough money to begin paying car and health insurance while having guaranteed myself a job is more than enough to say that I have met that requirement no?

I have only become aware of the almost necessity for this kind of support recently so thank you for your response

Edited October 8, 2017 by EmmaS97

[AussieTam 48]

Can any of his family co sponsor you ? I would get them to fill out affidavit of support with co sponsor . You just need to prove you will not become a public charge . It can take months for you to get a work permit and you can't do any work whatsoever until you have it in hand. 

[trudi 1,317]

You won't be able to work for some months after you get to the US, K1 holders have to AOS once they marry.

EAD can take anything from 3-6 months to be approved and you can't legally work until you have it.

 

You will need a financial sponsor for the AOS, someone who has sufficient income to satisfy USCIS that they can support you and you will not be a public charge.

 

It would help you to read the guides (K1 & AOS) so that you are aware & prepared for the stages ahead.

 

London is a forgiving and understanding embassy, USCIS is not so you need to be sure you can meet all the requirements - being here & out of status because you aren't prepared is something to avoid.

 

Good luck & I hope you find a way to get everything you need

[Jabberwocky1969 127]

The law is crystal clear. The sponsor must have an income and be way above the poverty level. Nobody should be in a position to collect gov't benefits, those benefits are reseved for the truly needy and the 20 million illegal immigrants.

[Wuozopo 4,285]

 

35 minutes ago, Jabberwocky1969 said:

The law is crystal clear. The sponsor must have an income and be way above the poverty level

 

The law for a fiancé visa in the Foreign Affairs Manual (FAM) only states that the officer must be convinced that the applicant will not become a public charge. It is subjective. London has accepted 100% of the poverty level, a sponsor other than the fiancé, self-sponsoring by the applicants who had a big wad of cash and no I-134, combined cash of both fiancés. They don't require a tax return if there is another way to prove Income and they have allowed scanned versions of the I-134 and proofs on occasion.  But in hundreds of cases I have read for London, all had some kind of income, sponsor, a house to sell in the UK , or cash. I have never known anyone to get approved with only the hopes of future employment and free room and board.  We'll see how it goes because it's up to the officer.   When she applies for her greencard, the new affidavit of support will have much stricter and specific requirements.

Edited October 8, 2017 by Wuozopo

[geowrian 22,336]

Future employability is good and I wouldn't be surprised if it played a factor in the CO's public charge decision. However, a promise of future employment is only valid until somebody changes their mind...the CO has no way to enforce it, so I'm not confident they would put much consideration into it. You can self-sponsor at London if you have sufficient assets. You can also find a joint sponsor.

 

As for what to do next...try to gather the requested documentation before the interview and see what happens. If it's refused with a 221g pending a suitable sponsor / documentation, then see if you can find a sponsor. It's not the end of the road if you don't have everything before the interview.

Edited October 9, 2017 by geowrian