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BenCee

K-1 Fiance Visa : help, what exactly do we need!! income confusions

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Hey, so i'm hoping to get a clear understanding of exactly what we need/need to do to move into the US through the K-1 visa. I've researched everything online but it's not clear enough for us :( basically our story is:

 

My fiance is obviously American, but she lives here in the UK with me and has been for the last 6 years or so.. but now wants to move back to California (where her dad lives) and i'll be moving with her. 

 

From what we've researched online, my Fiance needs to meet a minimum income requirement etc, but does that mean she has to have a job in America, before we even move?? Because obviously we both live here in the UK so she doesn't have any American income, but we both earn money here from our current jobs... so is it really the case of, before we can even apply for the fiance visa, she needs to find herself a job in America, for us both to move??

 

Hope this makes sense to you and hopefully i haven't missed anything out

 

Thanks,

Ben

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she has to sponsor you (she can use her dad as co sponsor since she wont have job immediately) and establish proof of domicile (already done since you will be living with dad).

 

other than that, the process i think is pretty much the same


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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1 hour ago, debbiedoo said:

she has to sponsor you (she can use her dad as co sponsor since she wont have job immediately) and establish proof of domicile (already done since you will be living with dad).

 

other than that, the process i think is pretty much the same

Hey, yeah that's one thing i may have forgotten to mention. 

 

We wasn't planning on having a co sponsor at all - so if that's the case, do that mean she would have to have a job before applying for this visa?

 

Also, do we have to stay at the proof of domicile (her dads) for a minimum amount of time or can we move out and rent as soon as we want?

 

 

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3 minutes ago, BenCee said:

Hey, yeah that's one thing i may have forgotten to mention. 

 

We wasn't planning on having a co sponsor at all - so if that's the case, do that mean she would have to have a job before applying for this visa?

 

Also, do we have to stay at the proof of domicile (her dads) for a minimum amount of time or can we move out and rent as soon as we want?

 

 

um yes. she would have to have a job in that case. who else is going to support both of you?

 

no there is no requirement on how long you have to live there


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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1 hour ago, BenCee said:

Hey, so i'm hoping to get a clear understanding of exactly what we need/need to do to move into the US through the K-1 visa. I've researched everything online but it's not clear enough for us :( basically our story is:

 

My fiance is obviously American, but she lives here in the UK with me and has been for the last 6 years or so.. but now wants to move back to California (where her dad lives) and i'll be moving with her. 

 

From what we've researched online, my Fiance needs to meet a minimum income requirement etc, but does that mean she has to have a job in America, before we even move?? Because obviously we both live here in the UK so she doesn't have any American income, but we both earn money here from our current jobs... so is it really the case of, before we can even apply for the fiance visa, she needs to find herself a job in America, for us both to move??

 

Hope this makes sense to you and hopefully i haven't missed anything out

 

Thanks,

Ben

in a nutshell - k1 is for American individuals wanting to get marry in the US with a foreign individual. In order to do so American individual has to prove the US that has enough financial resourcers so the foreigner will not be a burden to the US (won't rape the social programs and become a happy social benefits user). A side from that you kinda need to be in love, met each other etc. (like normal people in love wanting to get marry).

 

Now I will try to be less sarcastic...although it is kinda hard, you have said that you've done all the research...

When the petitioner is leaving abroad, he/she has to prove the domicile which can be prove by multiply circumstances like property ownership, job (ongoing, ready to start), filing taxes even though leaving abroad, maintaining bank accounts. Willingness to move in with dad residing in California is not enough. 

 

The fact that you earn money in UK is irrelevant at the stage (you can be naked and penniless, no-one cares). What US cares is that the petitioner knows what is up to and is able to pay for the consequences of failed marriage (so-called sponsoring - which is always a case in every type of immigration in US). Now answer yourself a question - how to do that? Yes, you are right, by having a steady income from a job that is in US for example. Shoker! 

 

If moving to US is actually the best case for you and both of you want to leave your UK lives, then it shouldn't be a problem that your Fiancé will move to US earlier. 

 

 

 

 

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12 minutes ago, BenCee said:

Hey, yeah that's one thing i may have forgotten to mention. 

 

We wasn't planning on having a co sponsor at all - so if that's the case, do that mean she would have to have a job before applying for this visa?

 

Also, do we have to stay at the proof of domicile (her dads) for a minimum amount of time or can we move out and rent as soon as we want?

 

 

If you don't want a co-sponsor, then yes, she will need a job showing she earns enough to sponsor you.  

 

We did the CR-1 route, so slightly different that your route.. but in our case, we decided to move once I had a job offer in the USA.  I used that offer letter, which included the start date and annual salary, for the income requirement.  I also started a lease with an apartment to coincide with a few weeks prior to my start date and used that for my domicile.

 

As an aside, it's worth researching the CR-1 visa option since you are both UK residents.  This allows you to directly file with in the UK and significantly reduce your wait times.  With the CR-1, you're able to start working and traveling as soon as you arrive (vs waiting months like you do on the K1).  We did our visa a few years ago but it was 3 months from me filing the I-130 to getting his visa approved (not sure of the current wait times.)  The obvious difference  is that K-1 is fiance and CR-1 is spouse so it's up to you guys if you want to be married before filing or not. Just worth considering! (I filed my petition the day after we got married and didn't have any issues)

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4 hours ago, BenCee said:

My fiance is obviously American, but she lives here in the UK with me and has been for the last 6 years or so.. but now wants to move back to California (where her dad lives) and i'll be moving with her. 

You have a rare opportunity to short-cut immigration because your future wife resides in the U.K.

 

Regular blokes filing in the US:

  • Fiancé Visa- 9+ months for visa.  Not authorized to work, get a driver license, or leave the country for 4-6 months after entering US. Not getting a greencard for maybe 12 months after entering US and applying for it.
  • Spouse Visa-  10-12 months for visa. Greencard holder with all privileges upon arrival in US.

 

You filing for spouse visa through London. It's called Direct Consular Filing (DCF):

  • Visa in maybe 4 months. Greencard holder with all privileges upon arrival in the US.

 

You would have to get married first because it is for a CR1 spouse visa. Your options on the support issue are

  1. Get a joint sponsor to agree to provide an affidavit of support.
  2. Wife leaves the UK after you have filed in London to find a job in the US so she can be the sole sponsor by the time your visa interview rolls around. 

 

Here is a link to the DCF process in London https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.144683709.947232636.1540218668-1641113824.1489155735

 

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