Questions about the K1 Fiance Visa

[Bfloyd 0]

Hi everyone, I just had a few questions. Some of the information I had read had somewhat conflicting information. I'm trying to decide what visa route would be best for me and my girlfriend considering my situation. 

 

I met my girlfriend for a couple weeks recently and we talked and decided to pursue marriage. We are both excited but I'm having some worries about the K1 Visa. First, I was wondering if the annual income is counted before taxes or after. I make around 16-17k before taxes and after taxes it's around 14.5k-15k. I've been working part-time while finishing up my bachelor's degree and will keep the same job and wages as I transition into graduate school (which starts in a week or so) My biggest concern with the K1 is my annual income might be just barely too low. Will they take into account that I'm in graduate school in the application  process? I also have some savings in my bank account ( around $5000) and a lawyer told me that would be counted as an asset. He made it seem like that would be enough to cover the couple thousand I might be short. Lastly, My mom said she wouldn't mind to co-sponsor if I needed as well. The lawyer I talked to said maybe to mention that my mother and I both live together as I rent a house from her as they would combine our incomes (She lives my step-dad though and I live alone) I had read some online that the US Consulate in Manila is reluctant to accept co-sponsors with the K1 Visas while other places online said they did. If the K1 visa isn't the best option for me then I wouldn't mind getting married there in the summer when I had time off from school. My only worry with that is my lawyer said I may have to be in the Philippines for around a month or so to get all the paperwork/marriage process done. I could maybe get 2 weeks off at my work but a whole month would be pushing it. I just want to go about picking the right visa carefully as I don't have a lot of extra money if I were to get declined. Thank you for your help and for taking the time to read my questions.

 

Brad    

[Greenbaum 12,258]

6 minutes ago, Bfloyd said:

Hi everyone, I just had a few questions. Some of the information I had read had somewhat conflicting information. I'm trying to decide what visa route would be best for me and my girlfriend considering my situation. 

 

I met my girlfriend for a couple weeks recently and we talked and decided to pursue marriage. We are both excited but I'm having some worries about the K1 Visa. First, I was wondering if the annual income is counted before taxes or after. I make around 16-17k before taxes and after taxes it's around 14.5k-15k. I've been working part-time while finishing up my bachelor's degree and will keep the same job and wages as I transition into graduate school (which starts in a week or so) My biggest concern with the K1 is my annual income might be just barely too low. Will they take into account that I'm in graduate school in the application  process? I also have some savings in my bank account ( around $5000) and a lawyer told me that would be counted as an asset. He made it seem like that would be enough to cover the couple thousand I might be short. Lastly, My mom said she wouldn't mind to co-sponsor if I needed as well. The lawyer I talked to said maybe to mention that my mother and I both live together as I rent a house from her as they would combine our incomes (She lives my step-dad though and I live alone) I had read some online that the US Consulate in Manila is reluctant to accept co-sponsors with the K1 Visas while other places online said they did. If the K1 visa isn't the best option for me then I wouldn't mind getting married there in the summer when I had time off from school. My only worry with that is my lawyer said I may have to be in the Philippines for around a month or so to get all the paperwork/marriage process done. I could maybe get 2 weeks off at my work but a whole month would be pushing it. I just want to go about picking the right visa carefully as I don't have a lot of extra money if I were to get declined. Thank you for your help and for taking the time to read my questions.

 

Brad    

As it stands now Manilia does except cosponsors.  Also, Manila has not been asking for financials fir over 3 years. The climate may be changing once the smoke clears form the announcement made by Trump this week. It's better to be safe so we still recommend that you prepare your financials for the interview.

 

Having a lawyer typically slows down the process and in the end you pay him for all the work you'll be doing.

 

Everything that you need is right here on VJ. 

 

I will break out the difference between the K1  and the CR1. 

 

K-1 vs CR-1 Full Analysis
 
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 (about 5-6 months)    
Spouse can not work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.
If you have red flags this may be the best place to start in case of denial.
Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.
 
K-1 Fees
$535 - USCIS Filing Fee
$265 per person - DS-160 (Visa Application)
$200 to $400 - Medical Fee
$1,225 per person - AOS Fee (Includes EAD/AP if filed together)
$750 per child under 14
$680 per person - ROC Fee
 
 
$2,705 plus medical (K-1)
$2,170 plus medical (K-2 over 14 years old)
$1,695 plus medical (K-2 14 years old and younger)
 
 
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 (LPR) status IMMEDIATELY upon entry to the United States
If you are truly concerned about a denial, the K-1 may be a better place to start.
Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.
 
CR-1 Fees
$535 - USCIS Filing Fee
$120 - Affidavit of Support Fee
$325 - DS-260 (Visa Application)
$200 to $400 - Medical Fee
$220 - USCIS Immigrant Fee
$680 - ROC (if married less than 2 years at POE)
 
$1,200 plus medical (per person if married more than 2 years when filing)
$1,880 plus medical (per person if married less than 2 years at POE)
 

 

[Hank_ 9,173]

8 minutes ago, Bfloyd said:

Hi everyone, I just had a few questions. Some of the information I had read had somewhat conflicting information. I'm trying to decide what visa route would be best for me and my girlfriend considering my situation. 

 

I met my girlfriend for a couple weeks recently and we talked and decided to pursue marriage. We are both excited but I'm having some worries about the K1 Visa. First, I was wondering if the annual income is counted before taxes or after. I make around 16-17k before taxes and after taxes it's around 14.5k-15k. I've been working part-time while finishing up my bachelor's degree and will keep the same job and wages as I transition into graduate school (which starts in a week or so) My biggest concern with the K1 is my annual income might be just barely too low. Will they take into account that I'm in graduate school in the application  process? I also have some savings in my bank account ( around $5000) and a lawyer told me that would be counted as an asset. He made it seem like that would be enough to cover the couple thousand I might be short. Lastly, My mom said she wouldn't mind to co-sponsor if I needed as well. The lawyer I talked to said maybe to mention that my mother and I both live together as I rent a house from her as they would combine our incomes (She lives my step-dad though and I live alone) I had read some online that the US Consulate in Manila is reluctant to accept co-sponsors with the K1 Visas while other places online said they did. If the K1 visa isn't the best option for me then I wouldn't mind getting married there in the summer when I had time off from school. My only worry with that is my lawyer said I may have to be in the Philippines for around a month or so to get all the paperwork/marriage process done. I could maybe get 2 weeks off at my work but a whole month would be pushing it. I just want to go about picking the right visa carefully as I don't have a lot of extra money if I were to get declined. Thank you for your help and for taking the time to read my questions.

 

Brad    

It is GROSS income, before taxes.   Your income needs to meet or exceed the I-864P 125% guidelines   https://www.uscis.gov/i-864p

 

I would suggest you look for a co-sponsor; for Manila that should be a close family members such as parents or siblings.     USEM does not normally look at assets.  And yes your savings can be used as assets.

 

You don't have to be in Manila at all to complete the paperwork ..  bad info.

 

Here is a guide to the process for in the Philippines

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

[Hank_ 9,173]

13 minutes ago, Greenbaum said:

As it stands now Manilia does except cosponsors.  Also, Manila has not been asking for financials fir over 3 years. The climate may be changing once the smoke clears form the announcement made by Trump this week. It's better to be safe so we still recommend that you prepare your financials for the interview.

 

Having a lawyer typically slows down the process and in the end you pay him for all the work you'll be doing.

 

Everything that you need is right here on VJ. 

 

I will break out the difference between the K1  and the CR1. 

 

K-1 vs CR-1 Full Analysis
 
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 (about 5-6 months)    
Spouse can not work until she/he receives EAD (about 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 10 to 12 months after Adjustment of Status is filed.
If you have red flags this may be the best place to start in case of denial.
Estimated timeline is approximately 8 to 10 months (NOA1 to Interview)  This is officially quoted as 6 to 12 months.
 
K-1 Fees
$535 - USCIS Filing Fee
$265 per person - DS-160 (Visa Application)
$200 to $400 - Medical Fee
$1,225 per person - AOS Fee (Includes EAD/AP if filed together)
$750 per child under 14
$680 per person - ROC Fee
 
 
$2,705 plus medical (K-1)
$2,170 plus medical (K-2 over 14 years old)
$1,695 plus medical (K-2 14 years old and younger)
 
 
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 (LPR) status IMMEDIATELY upon entry to the United States
If you are truly concerned about a denial, the K-1 may be a better place to start.
Estimated timeline is 10 to 12 months (NOA1 to Interview) This is officially quoted at 12 to 14 months.
 
CR-1 Fees
$535 - USCIS Filing Fee
$120 - Affidavit of Support Fee
$325 - DS-260 (Visa Application)
$200 to $400 - Medical Fee
$220 - USCIS Immigrant Fee
$680 - ROC (if married less than 2 years at POE)
 
$1,200 plus medical (per person if married more than 2 years when filing)
$1,880 plus medical (per person if married less than 2 years at POE)
 

 

...  but if they accept a co-sponsor they want it to be a close family member.

 

As for Financial Evidence,  USEM has been sporadic with asking for financial support evidence since 2014, but they do still ask, they just don't ask everyone.    The requirement is still listed on the checklist;  I-134, most recent tax return and W-2  ... but they DO ask at times, so everyone needs to be prepared.

 

I do agree if a co-sponsor is needed the IR/CR-1 visa is the better move as the embassy has to accept a qualified co-sponsor.

 

 

Edited August 18, 2019 by Hank_

[Bfloyd 0]

Hey everyone, thanks for the replies. Sorry for not responding sooner but I've been crazy busy with school.  After talking it over with my girlfriend, I think the spouse visa (cr1 visa) will be our best route as I will most likely need a co-sponsor (since I'm still in grad school and can't work full time).  

?

So I know first we will have to get married in the Philippines, is there a guide anywhere for the documents I need to bring when I get married there and what she needs as well ?

 

After the wedding, is that when i begin the CR1 Visa process or do i start that beforehand? ( I plan to stay in the Philippines for around 20-25 days) My coworker said he was able to get married and get all the paperwork filed in around 2 weeks but I guess his fiance had done a lot of paperwork beforehand or something.  Is there a guide for the CR1 visa process?

 

Thanks for your help and I apologize if I'm asking the same questions again, I'm feeling somewhat overwhelmed and just want to develop a game plan. I appreciate you all taking the time to respond and help me. Any advice you may have is welcome too.

 

Best,

Brad 

[payxibka 10,044]

You can't file the petition until you are eligible and have the required documents.   One eligibility criteria is you are married and have evidence of it.

 

In the PI, 2 weeks is absolute minimum time and it means it is well planned,  3 weeks is much more doable 

[Hank_ 9,173]

8 hours ago, Bfloyd said:

Hey everyone, thanks for the replies. Sorry for not responding sooner but I've been crazy busy with school.  After talking it over with my girlfriend, I think the spouse visa (cr1 visa) will be our best route as I will most likely need a co-sponsor (since I'm still in grad school and can't work full time).  

?

So I know first we will have to get married in the Philippines, is there a guide anywhere for the documents I need to bring when I get married there and what she needs as well ?

 

After the wedding, is that when i begin the CR1 Visa process or do i start that beforehand? ( I plan to stay in the Philippines for around 20-25 days) My coworker said he was able to get married and get all the paperwork filed in around 2 weeks but I guess his fiance had done a lot of paperwork beforehand or something.  Is there a guide for the CR1 visa process?

 

Thanks for your help and I apologize if I'm asking the same questions again, I'm feeling somewhat overwhelmed and just want to develop a game plan. I appreciate you all taking the time to respond and help me. Any advice you may have is welcome too.

 

Best,

Brad 

 

You can not start the CR-1 visa process until AFTER you have the certified copy (from PSA) of the marriage certificate.

 

https://www.visaconnection-philippines.com/uscis-petition-process.html