K1 for low-income couple?

[phoenixrising 0]

I've been reading a lot about K1 visas, and I have some concerns that I hope someone can help me with.

 

I (the American) am well educated (Master's degree) but underemployed because I was trying to forge my way as a sole proprietor business. Big mistake. Anyway, because of that, my tax returns show income consistently hovering at the poverty line. I haven't received welfare, but I have received Medicaid. I plan on just sucking it up and getting whatever job pays ASAP, but obviously, my last three years of tax returns will show poverty 😢. The sponsee would be an unemployed Brazilian (from an area with very high unemployment). 

 

I have money in savings and 3-4 close family members who could cosponsor, but I understand cosponsor applications are often not trusted. Would we have any options for immigration, or is that out of the question? I don't even know if we're going in that direction, but I don't want to let myself feel a certain way if this could never work out logistically.

 

Thank you so much for your help! 

[Dashinka 23,211]

There are always options logistically.  I would start looking at your proposed timeframe, and then plan out your overall journey and then you can determine if you need to find a joint sponsor.

 

Good Luck!

[Crazy Cat 39,193]

8 minutes ago, phoenixrising said:

I've been reading a lot about K1 visas, and I have some concerns that I hope someone can help me with.

 

I (the American) am well educated (Master's degree) but underemployed because I was trying to forge my way as a sole proprietor business. Big mistake. Anyway, because of that, my tax returns show income consistently hovering at the poverty line. I haven't received welfare, but I have received Medicaid. I plan on just sucking it up and getting whatever job pays ASAP, but obviously, my last three years of tax returns will show poverty 😢. The sponsee would be an unemployed Brazilian (from an area with very high unemployment). 

 

I have money in savings and 3-4 close family members who could cosponsor, but I understand cosponsor applications are often not trusted. Would we have any options for immigration, or is that out of the question? I don't even know if we're going in that direction, but I don't want to let myself feel a certain way if this could never work out logistically.

 

Thank you so much for your help! 

Have you considered a CR-1 instead?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    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
    Slightly slower arrival in the US (currently about 3 months later)

    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.
   

 

 

[Boiler 43,401]

The practical issue of immigration and supporting a fiancee for some time do not sound possible from what you have stated.

[Crazy Cat 39,193]

@phoenixrising , I have one bit of advice.  The immigration process requires a GREAT deal of knowledge, planning, time, patience, and money.........Good luck on your journey.

[Ben&Zian 4,397]

Will agree with everyone, while it is doable...definitely take time to plan. It isn't just about the immigration process and costs, the AOS fees and all that, there are so many hidden costs that one doesn't realize. Extra food, dinners out, movies, date nights, what about her medical insurance? Dental? Eventually a car... which ads more car insurance cost... extra cell phone bill... it takes a lot of consideration and planning.

[phoenixrising 0]

Thank you so much, all. I have enough in savings and live in a cheap enough part of the country that I'm not worried about having enough money in the long run, but the government makes the whole process so daunting. I'm not sure where this will lead, but I feel like I'm armed with more information now.

[SJordanS 342]

2 hours ago, missileman said:

Have you considered a CR-1 instead?

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    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
    Slightly slower arrival in the US (currently about 3 months later)

    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.
   

 

 

 What if he were to get a sponsor for the previous years? I’m sort of in his same situation only with tax returns. But my fiancé is aunt  here in the states is willing to sponsor for previoys yesrs if needed snd write s letter how do you think that will look?  

[Boiler 43,401]

1 hour ago, SJordanS said:

 What if he were to get a sponsor for the previous years? I’m sort of in his same situation only with tax returns. But my fiancé is aunt  here in the states is willing to sponsor for previoys yesrs if needed snd write s letter how do you think that will look?  

Previious years?

 

Not how it works, you have to file and currently meet the income requirements.

[SJordanS 342]

2 minutes ago, Boiler said:

Previious years?

 

Not how it works, you have to file and currently meet the income requirements.

I made more money the previous year, less last year, so far way ahead this year. But when you dont meet the requirement for previous years is when I thought sponsor can fill in. 

[Crazy Cat 39,193]

1 minute ago, SJordanS said:

I made more money the previous year, less last year, so far way ahead this year. But when you dont meet the requirement for previous years is when I thought sponsor can fill in. 

The IMPORTANT factor is current and future income (the basis to support the immigrant in the future), but the COs look at the "big picture" of financial stability and capacity.

[SJordanS 342]

7 minutes ago, missileman said:

The IMPORTANT factor is current and future income (the basis to support the immigrant in the future), but the COs look at the "big picture" of financial stability and capacity.

Got it. Yes of course This is the most important part and I know the D160 and the packet following is going to be crucial to my approval status later. Because from what I’m gathering from this website, another website, Facebook group pages and people from my WhatsApp group they pretty much have decided before you walk in for the interview.   I’m glad I’m learning this all now before mine and NOA2 which is due any day (Hopefully! 🙏🏼) 

 

Thanks again. Your help is always 🏆 worthy. 

[carmel34 3,529]

5 hours ago, phoenixrising said:

I've been reading a lot about K1 visas, and I have some concerns that I hope someone can help me with.

 

I (the American) am well educated (Master's degree) but underemployed because I was trying to forge my way as a sole proprietor business. Big mistake. Anyway, because of that, my tax returns show income consistently hovering at the poverty line. I haven't received welfare, but I have received Medicaid. I plan on just sucking it up and getting whatever job pays ASAP, but obviously, my last three years of tax returns will show poverty 😢. The sponsee would be an unemployed Brazilian (from an area with very high unemployment). 

 

I have money in savings and 3-4 close family members who could cosponsor, but I understand cosponsor applications are often not trusted. Would we have any options for immigration, or is that out of the question? I don't even know if we're going in that direction, but I don't want to let myself feel a certain way if this could never work out logistically.

 

Thank you so much for your help! 

Both you and your love interest are unemployed or underemployed...  this will be an uphill climb and not viewed favorably by US immigration.  Fortunately, the K-1 or CR-1 process, whichever way you go, takes a year or more, so you have lots of time to get a job that meets the income requirements to be the sponsor before he/she arrives in the US.  With a master's degree, you should be able to remedy the income problem in a few months, and you'll have a year before your partner's interview abroad.  Plus check your assets as equivalent for low-income earners, if they are enough you may be okay just with the assets if they're liquid and can be cashed out quickly.  You may also want to consider living in Brazil, the cost of living is way lower than in the US.  If you're not working and have lots of savings you could even live down there for a while to make sure you want to marry this person.  Good luck!

[DaveAndAnastasia 2,078]

48 minutes ago, carmel34 said:

Fortunately, the K-1 or CR-1 process, whichever way you go, takes a year or more, so you have lots of time to get a job that meets the income requirements to be the sponsor before he/she arrives in the US.

Our K-1 took less than 9 months from NOA1 to interview, and processing times seem to be faster now than they were for May 2018 filers (some non-expedited December 2018 filers are already getting their petitions approved). So while the OP has time, banking on having a year to fix things on a K-1 is probably not a great idea.

[carmel34 3,529]

9 minutes ago, DaveAndAnastasia said:

Our K-1 took less than 9 months from NOA1 to interview, and processing times seem to be faster now than they were for May 2018 filers (some non-expedited December 2018 filers are already getting their petitions approved). So while the OP has time, banking on having a year to fix things on a K-1 is probably not a great idea.

Current VJ average for K-1 is 279 days from date of filing to interview, obviously some faster (you), some longer.  OP has not even filed anything yet, so best case scenario they're looking at approx. 10 months--plenty of time for someone with a master's degree to get a job that meets the (very minimal) income requirements to sponsor someone for a K-1 and take (or send) the documents showing that to the interview in Rio.  In Rio OP can also use assets to supplement an income shortfall.