A few k1 visa questions

[Ashley Scott 180]

2 minutes ago, Bluepanda92 said:

Wait so everyone in the household counts there is his parents and his sister so including me and him it would be 5, does that mean he has to meet the poverty line to support 5 people even though they all have full time jobs and support themselves? 

This was my understanding but someone please correct me if I am wrong. 

 

This is from the USCIS website: 

 

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

[Bluepanda92 33]

1 minute ago, Ashley Scott said:

This was my understanding but someone please correct me if I am wrong. 

 

This is from the USCIS website: 

 

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

so by household income does that mean that his parents and sisters income is included in the poverty line 

[Ashley Scott 180]

6 minutes ago, missileman said:

Actually, you are required to marry and file AOS within 90 days of arrival  to avoid illegal status in the US.  While it not common, there has been an increase in ICE knocking on K1 immigrant doors to warn them.

That is what I said in so many words.  I stated that I would highly recommend filing as soon as possible to avoid being out of status.  But there is no legal requirement stating that you have to file for AOS within 90 days of arrival, only that you legally marry in this time frame.  There are many benefits of filing for AOS within the 90 days but it is not required.

[Crazy Cat 39,367]

Just now, Ashley Scott said:

That is what I said in so many words.  I stated that I would highly recommend filing as soon as possible to avoid being out of status.  But there is no legal requirement stating that you have to file for AOS within 90 days of arrival, only that you legally marry in this time frame.  There are many benefits of filing for AOS within the 90 days but it is not required.

It is required to maintain legal status...Failure to file AOS within the 90 days results in illegal stay and a potential for deportation..

[Ashley Scott 180]

2 minutes ago, Bluepanda92 said:

so by household income does that mean that his parents and sisters income is included in the poverty line 

I am not sure how all of this works, to be honest.  I know their income is taken into consideration if they apply as joint sponsors.  I am not sure how the income is applied if only your fiancé sponsors you.  We didn't use any joint sponsors so I am not super familiar with that process.  Someone else will hopefully chime in and clarify this for you.

[Bluepanda92 33]

1 minute ago, Ashley Scott said:

I am not sure how all of this works, to be honest.  I know their income is taken into consideration if they apply as joint sponsors.  I am not sure how the income is applied if only your fiancé sponsors you.  We didn't use any joint sponsors so I am not super familiar with that process.  Someone else will hopefully chime in and clarify this for you.

Ok thanks for your help, since it probably wouldnt be a year or so untill im able to get the interview anyway he will probably have his own appartment by then so it shouldnt be much to worry about 

[yuna628 9,530]

OP: It would be a good idea to have the USC fiancé bump their income up if you are intending on using them as the sponsor to meet the 125%. While London has been known to accept  100%, that's not a guarantee. London is known for self sponsorship as well, but significant savings would be needed. Passing with the lower amount is kind of a moot point, because once you marry you must adjust status, and file paperwork. That is where the 125% more strict requirements will come in.

 

London will also accept a cosponsor. And you may use a joint sponsor for the adjustment process as well... but

 

As for the household: If you are using the USC parents for instance it all comes down to how many dependents are claimed on the parents taxes. Are the other individuals in the household independent and file their own taxes or are not claimed on any one else's taxes as a dependent? 

 

For example we used a cosponsor for our entire process. I was before my marriage claimed as a dependent on my father's taxes. I chose to use my sister as our cosponsor, who was independent, filing her own taxes, and was not claiming any dependents. Therefore don't take 'household' size literally. You need to go by what's going on with the tax situation in the home. If it's the parents it's going to be mom + dad + the immigrant AND any other dependents they claim that need to be factored in. If they have none and the individuals in the home have no tax ties to each other, then it's just mom + dad + the immigrant.

 

We also reside with my parents, and this will not be a problem. However I would strongly encourage you to not assume on what will happen with living situations in the future. Once you marry, the USC spouse will have the burden for caring and supporting you. That includes health insurance which is very expensive. Until you adjust status you are not authorized to work, and the wait for those documents takes a significant amount of time. You need to prepare and save up for the period of time which can be draining on funds, including the costs to file the new paperwork. 

 

I would also encourage you to read over the guides on this website, which should clarify the process for you. Later on check the UK forum, which will clarify the consulate process later on for London specific cases.

Edited May 4, 2018 by yuna628

[Ashley Scott 180]

4 minutes ago, Bluepanda92 said:

Ok thanks for your help, since it probably wouldnt be a year or so untill im able to get the interview anyway he will probably have his own appartment by then so it shouldnt be much to worry about 

I wouldn't worry about it too much either way.  You guys will learn more as you go and will make sure to have the required documentation.  It is a stressful process but you guys will be fine.  Just keep doing your research and double checking everything.  I am more than happy to answer what I can for you. Feel free to reach out anytime.

[javadown2 308]

20 hours ago, Bluepanda92 said:

Is the consulate where i send the i-129f ? or is that just where i get the interview 

You better do some searching on here and follow the guides, if you do that you will be just fine. Lucky for you that you are from England and it seems pretty straight forward for most with similar situations (k1). 

[anth1992 1]

There's a lot of misconceptions about the K-1 Visa Process. Firstly, every nation is different in their requirements concerning the documents needed to petition the U.S. government to recognize a foreign national as a fiancée. However, USCIS is very strict on meeting, and they require that a meeting of some sort take place at least once in the last two years, but more meetings is desirable to weed out marriage fraud.

In reference to your boyfriend's salary, under federal law, his salary must be 120% above the national poverty line. No exceptions.

 

 

Also: the USCIS isn't going to approve any case where evidence is lacking, and even the interview won't go so well if the agent feels it is a hasty engagement

 

[Pelmeni 39]

Okay, this is what I copied off of the USCIS website. 

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

[yuna628 9,530]

29 minutes ago, Pelmeni said:

Okay, this is what I copied off of the USCIS website. 

Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.

That is somewhat incorrect.

 

For a K1 there is an affidavit of support which is the I-134. It is correct that it does not need to be submitted with the I-129F, but instead the foreign fiancé must bring it and supporting documents with them to their interview at the consulate. The guides on this forum should bring some clarity to that.

 

The affidavit of support for adjustment of status is a different form (I-864), and that must be submitted with all forms to the USCIS.

[Pelmeni 39]

Thank you! I'm a bit nervous about sending personal info. The last time his box was broken into and his birthday card and my photos were stolen with only the envelope left. I'll have to find a more secure method. Thanks to everyone.

Edited May 4, 2018 by Pelmeni

[javadown2 308]

22 hours ago, Bluepanda92 said:

ok so do i need the i864 for the k1 interview to prove his income, and also like when we apply for k1 visa it says 100 percent of the poverty line, and then 125% after marriage, does the 125% take effect immediately the moment we get married, i know i have to adjust status within the 3 months, its hard to put into a short answer my exact question, basically i mean from the day we get married how long do we have untill the poverty line goes upto 125% 

Read the guides  Your jumping ahead of yourself, just worry about the K1 process for now. It's obvious you seem overwhelmed. 

[javadown2 308]

6 hours ago, Bluepanda92 said:

Thanks that helps alot  we are going to apply on our 1 year anniversary, then hopefully get married on our 2nd year anniversary of the day we met on 16th august

Hehe, ok to show you that a short time being engaged isn't a big deal...my wife and I got married on our one year anniversary and that included filing for the k-1 visa process! Our 1st anniversary of being married is coming up on May 11(2 years total together)! Time really does fly! That sounds like a reasonable timeline if all goes as planned for you, even with the longer wait times I think 1 year would be fine. Why not consider a CR-1 visa though if you already are patient about a year wait?