K1, Both living in DR, Affidavit of support?

[Axeldr 0]

GF born in US but has lived since childhood in the Dom Rep. We are planning to submit a K1.

 

So far ive understood the whole process but the fact that she has lived here all her life leaves a few things in the dark.

 

Affidavit of support, i understand this will be asked for, we both work locally and we have a nice income, she will not have severance, i will, i can support her financially for a while. She has a job offer available, they are just waiting for her to arrive in the US and she can apply immediately. So she doesnt have US tax forms, doesnt currently have a job in the US, so no domicile either. What are the options here in case anyone has experience here?

 

Also, any info on how i can get a shared container so i can ship some heavy things to the US from DR?

 

Some info ive found that makes confuses me a bit too, one says its not needed until the adjustment of status, so theres that, but if its asked for, how can we deal with that since she doesnt have a domicile and it seems we cant get a join sponsor neither:

 

https://www.uscis.gov/greencard/affidavit-support

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.

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?
No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor.
 

 

[aaron2020 11,651]

You will not be moving at the same time as your fiancee.  There is no way to do that.

 

For the I-864, your fiancee MUST HAVE US tax returns for the last 3 years.  US citizens are taxed on worldwide income, so her DR counts even if she does not have a US job.  The DR income is reported to the IRS.  For the I-864, the DR income will not count.  So far, your fiancee has failed to meet her US obligation to file US income tax returns (and this has nothing to do with immigration - this is a requirement even if the US citizen has not and never intends to file an immigration petition).

 

THE ONLY WAY FOR YOU TO IMMIGRATE is for your fiancee to 1) File US tax returns, 2) Move to the US before you to establish a US domicile, and 3) Have enough US income to sponsor you or get a Joint Sponsor.

 

You may want to consider getting married for a CR-1 spousal visa which allows you to work immediately when you get to the US rather than go the K-1 fiance route where you will not be able to work for 5-6 months.

US immigration is not quick or cheap.  You and your spouse or fiancee will spend years apart in order to meet the requirements of the I-864 without a Joint Sponsor.

[ThomasNC1988 762]

You should start by reading the guide. https://www.visajourney.com/k1-fiance-visa/  You will need a joint sponsor unless you have assets that are 4 times the yearly income requirements I believe. Also check that the DR will accept a joint sponsor because some places will not. She will need to establish domicile in the US or at least prove that she has a place to live with a lease or something of that sort. Also consider marrying before you come it can make things a lot easier in some cases.

[RJandHamid 1,128]

Is she planning on moving the the US to start her job soon? That would help her establish domicile (required for the K1 visa to be approved).

This will mean that you will be living in separate countries for at least several months, as the K1 process is currently taking around 8-12 months.

 

As for the affidavit of support, it is not needed until the time of the interview, which will occur about 7-9 months after filing the initial I-129F petition. Your income can not be used to meet the requirement of the I-134 (and eventually the I-864) affidavit of support. She will either need to meet the requirement on her own or use a co-sponsor.

 

As said in the post above, the CR-1 spousal visa might be a better option for you. Either way, the process is not fast and you will likely need to spend some time apart.

 

[Axeldr 0]

Oh boy, i guess asking here was a real reality check, many thanks to all of you for your time.

 

She could work on her taxes and get up to date on that, but i guess not having a current US job will affect the affidavit. We could get a family member to co-sponsor me for sure. And ive read around that if we show the REAL intention of moving to US then the embassy could take it into consideration. 

 

If she fills her taxes, pays and gets up to date, gets a joint-sponsor (long living family member in the us), a letter from the promised employment offer, is there no way to show the embassy the intent of moving as a K1, marry, start working asap, establish domicile and show proof of not being a risk or burden to the us? Just trying to be realistic, since i had this idea that seems to be waaaay wrong.

 

Current emotions: She wants to quit her current job and move soon, i had hoped to quit and get my severance and move with her and help her out. K1 would have been nice, getting married here could happen, i was looking into K1 since it was supposed to be faster and but expensive (i dont mind expensive, i need to improve our situation and support her). I dont really want to spend time apart, that would be a burden to her and thats not want i want for her really. it would be nice since i do make a good income locally but ahhhhh, sucks. Ill check all options. 

 

Ill go and read the guide now.

 

From the affidavit faq:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

He or she has either already taken up physical residence in the United States; or
He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.
The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
 

[HU87 9]

3 minutes ago, Axeldr said:

She could work on her taxes and get up to date on that

Let her know to read the last page of her US passport:

[HU87 9]

7 minutes ago, Axeldr said:

i was looking into K1 since it was supposed to be faster

CR-1 with Direct Consular Filing is faster than K-1: https://www.uscis.gov/about-us/find-uscis-office/international-offices/dominican-republic-uscis-santo-domingo-field-office "Form I-130, Petition for Alien Relative" tab

[aaron2020 11,651]

3 minutes ago, Axeldr said:

Oh boy, i guess asking here was a real reality check, many thanks to all of you for your time.

 

She could work on her taxes and get up to date on that, but i guess not having a current US job will affect the affidavit. We could get a family member to co-sponsor me for sure. And ive read around that if we show the REAL intention of moving to US then the embassy could take it into consideration.  She needs to establish a US domicile, there is no way around this.  The REAL intention to reestablish a US domicile requires that one previously has a US domicile.  Your GF has lived in the DR since childhood.  A Joint Sponsor will not be taken into consideration for her meeting her US tax filing obligation or US domicile.  

 

If she fills her taxes, pays and gets up to date, gets a joint-sponsor (long living family member in the us), a letter from the promised employment offer, is there no way to show the embassy the intent of moving as a K1, marry, start working asap, establish domicile and show proof of not being a risk or burden to the us? Just trying to be realistic, since i had this idea that seems to be waaaay wrong.  Like I said above, THERE IS NO WAY YOU CAN DO THIS FOR SOMEONE WHO HASN'T HAD A US DOMICILE SINCE CHILDHOOD.  

 

Current emotions: She wants to quit her current job and move soon, i had hoped to quit and get my severance and move with her and help her out. K1 would have been nice, getting married here could happen, i was looking into K1 since it was supposed to be faster and but expensive (i dont mind expensive, i need to improve our situation and support her). I dont really want to spend time apart, that would be a burden to her and thats not want i want for her really. it would be nice since i do make a good income locally but ahhhhh, sucks. Ill check all options.  There is no other option.  Accept that you will be separated LIKE MANY OF US if you want to immigrate.  The ONLY WAY TO BE TOGETHER is to stay in the DR.  

 

Ill go and read the guide now.

 

From the affidavit faq:

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/establish-financial-support/i-864-affidavit-faqs.html

A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

He or she has either already taken up physical residence in the United States; or
He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.
The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must arrive in the United States concurrently with the applicant.  Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:
 

 

[Axeldr 0]

Thanks aaron and all others. I will get her to get up to date with the taxes at least, maybe consult a lawyer on that topic, since i dont want her to face surprises upon arrival. 

 

I will speak to her about marriage locally. This wont be an issue, maybe the CR-1 is the better option.

 

Currently at work but i read the Cr1 guide here, I notice that she would still need a domicile in the US, so she has to go first, since it will be her first year working she will need a co-sponsor (no problem there i think), meaning we will have to work to fullfill the I-864 and a co-sponsor's I-864, then the process starts, months will go by until the interview and final approval. Is that the idea? Anything else changes from K1 to Cr1?

[Crazy Cat 39,220]

In your situation, A K-1 doesn't make much sense, imo.  I would recommend looking at a CR-1 instead.  Either way, your GF is going to have to establish domicile or intent for domicile before you can relocate....Having lived outside the US for many years might pose a problem doing that.  If you want to work immediately after entering the US, a K-1 is not going to allow that. 

In your situation, it seems to me that you should marry, your wife move to the US and get established with a residency and a job, then file for you to join her.  The current processing time for that is 12-14 months.....

Edited December 5, 2018 by missileman

[Crazy Cat 39,220]

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance outside the US, CR-1 is a much, much better option

[HU87 9]

11 minutes ago, missileman said:

The current processing time for that is 12-14 months.....

If they marry she can submit the I-130 at the USCIS Santo Domingo office and then go to the US to establish US domicile. The I-864 documents would be needed at the embassy stage. DCF timelines can vary but it is 4-6 months on average.

Edited December 5, 2018 by HU87

[Axeldr 0]

Missileman, wow, that really sets a clear path hahahah, i will talk to her about all this, seems the CR1 is indeed the better option, i dont wanna stay at home doing (removed), so indeed, cr1 would help us work quicker towards a better relationship and life. Now.... lets see how that year separated sounds lol, oh boy. Thanks! let me work with all this info with her. MANY thanks, many mentioned this forum, i can understand why now.

Edited December 5, 2018 by Ontarkie
edited for language

[Crazy Cat 39,220]

2 minutes ago, HU87 said:

If they marry she can submit the I-130 at the USCIS Santo Domingo office and then go to the US to establish US domicile. The I-864 documents would be needed at the NVC/embassy stage. DCF timelines can vary but it is 4-6 months on average.

Provided she can sufficiently and credibly establish domicile in the US.  She has lived almost her entire life in DR.....I'm not saying it isn't possible, but I think it might prove to be difficult......The US citizen moving to the US first provides a smoother path in some cases.

[Crazy Cat 39,220]

19 minutes ago, Axeldr said:

Missileman, wow, that really sets a clear path hahahah, i will talk to her about all this, seems the CR1 is indeed the better option, i dont wanna stay at home doing (removed), so indeed, cr1 would help us work quicker towards a better relationship and life. Now.... lets see how that year separated sounds lol, oh boy. Thanks! let me work with all this info with her. MANY thanks, many mentioned this forum, i can understand why now.

Unfortunately, separation is the hardest part of the process.  Good luck.

Edited December 5, 2018 by Ontarkie
edited quoted part for language