K1 Apply Now?

[lauren and kenz 5]

Hi! Sorry if this is the incorrect place to post this, I am new and just looking for some advice. 

 

My fiancee & I got engaged last month and were planning on going through the CR1 visa route however we have recently switched and are looking to go through K1. We have met once in person, August this year, and have no concerns re. the other risk factors.

 

However, she was previously a stay at home mum for two years and has only recently (this month) gone back to work. She does make over the income requirement for a household of 3 for the K1 however as she only has one pay slip so far and I have doubts this would be sufficient evidence. Does anyone have similar experience/can advise how long she would have to be employed/earning this amount for the application to be approved? 

 

Any help would be appreciated! 

[Boiler 43,425]

London allows K1's to self sponsor, so her income would be an issue for the adjustment phase which will be a long time after you enter.

[Wuozopo 4,285]

3 minutes ago, laurens said:

. She does make over the income requirement for a household of 3 for the K1 however as she only has one pay slip so far and I have doubts this would be sufficient evidence.

She will have lots more pay slips before you get to the interview stage in London, which is when financials are reviewed. And London is not that hard on K1s proving financials. They have approved many on just a letter from the employer stating current salary. If she earns more than the minimum, you should have no worries at a London K1 interview.

[lauren and kenz 5]

4 minutes ago, Boiler said:

London allows K1's to self sponsor, so her income would be an issue for the adjustment phase which will be a long time after you enter.

Thank you for your response! I didn't know you could self sponsor in London so I will have to look in to that. 

 

I'm under the impression you can have a co-sponsor for AOS even if you didn't for K1 so I think this will be the way we proceed with that since she wont make 125%

[lauren and kenz 5]

4 minutes ago, Wuozopo said:

She will have lots more pay slips before you get to the interview stage in London, which is when financials are reviewed. And London is not that hard on K1s proving financials. They have approved many on just a letter from the employer stating current salary. If she earns more than the minimum, you should have no worries at a London K1 interview.

Ah anxiety overtaking common sense. Of course she will have more payslips in 6 months. Thank you! You've put my mind at ease. 

[Wuozopo 4,285]

24 minutes ago, laurens said:

Ah anxiety overtaking common sense. Of course she will have more payslips in 6 months. Thank you! You've put my mind at ease. 

And more stress reduction—- her 2020 tax return won’t reflect more than a couple of months income so won’t help. No worries. The good news is London doesn’t even require her to submit a tax return (K1s) if she has other proofs. Show up with a letter from her employer (and a few pay slips as a backup if you like). You don’t need to convince London in five different ways.  Skip all that advice about bank statements or letters from her bank and multiple tax returns. It may be appropriate for certain consulates, but not London. They usually just glance at it and carry on without discussing.

 

After visa entry and marriage, when applying for adjustment of status at USCIS, the form is different and stricter rules will apply. A tax return will be required but If not sufficient, another employer letter and pay slips will prove the income.

[Boiler 43,425]

You have not even started, now anybody's guess but adjustment you are looking at 2022?

[lauren and kenz 5]

22 minutes ago, Boiler said:

You have not even started, now anybody's guess but adjustment you are looking at 2022?

Yeah, based on the current timeline I think we will be applying for AOS early 2022 but who knows really. 

 

39 minutes ago, Wuozopo said:

And more stress reduction—- her 2020 tax return won’t reflect more than a couple of months income so won’t help. No worries. The good news is London doesn’t even require her to submit a tax return (K1s) if she has other proofs. Show up with a letter from her employer (and a few pay slips as a backup if you like). You don’t need to convince London in five different ways.  Skip all that advice about bank statements or letters from her bank and multiple tax returns. It may be appropriate for certain consulates, but not London. They usually just glance at it and carry on without discussing.

 

After visa entry and marriage, when applying for adjustment of status at USCIS, the form is different and stricter rules will apply. A tax return will be required but If not sufficient, another employer letter and pay slips will prove the income.

You're an angel! 

[SalishSea 16,769]

OP, keep in mind that one major drawback of the K-1 vs CR-1 is that you won't be able to travel or work for ~ 8 months at least.  If your fiancee's income is already borderline, this could be a real financial strain.

 

And the fees for going the K-1/AOS route are set to go way up next month.

[lauren and kenz 5]

52 minutes ago, Jorgedig said:

OP, keep in mind that one major drawback of the K-1 vs CR-1 is that you won't be able to travel or work for ~ 8 months at least.  If your fiancee's income is already borderline, this could be a real financial strain.

 

And the fees for going the K-1/AOS route are set to go way up next month.

We will be living with her parents and they are happy to help support us in the meantime so not concerned about the waiting time between arrival and employment but very good point, thank you for raising it! 

 

Edit: deleted last comment because I learned to read. I know about the increasing fees but thank you for letting me know

Edited September 15, 2020 by laurens

[HRQX 4,145]

7 hours ago, laurens said:

My fiancee & I got engaged last month and were planning on going through the CR1 visa route however we have recently switched and are looking to go through K1.

Is there a specific reason you decided against CR-1? Because for K-1, a growing backlog should be expected and the UK and Ireland proclamation is in effect until the President lifts it. Meanwhile, London has continued issuing CR-1 visas.

[Orangesapples 1,954]

1 hour ago, laurens said:

We will be living with her parents and they are happy to help support us in the meantime so not concerned about the waiting time between arrival and employment but very good point, thank you for raising it! 

 

Edit: deleted last comment because I learned to read. I know about the increasing fees but thank you for letting me know

It's not just the financial side... Staying home all day and not knowing anyone unless it's through your spouse can be really hard. It's not the same as visiting. K1 has too many drawbacks. I came on a K1 and I'm speaking from experience. 

[Boiler 43,425]

14 minutes ago, Orangesapples said:

It's not just the financial side... Staying home all day and not knowing anyone unless it's through your spouse can be really hard. It's not the same as visiting. K1 has too many drawbacks. I came on a K1 and I'm speaking from experience. 

It was not so demanding in my day but still a pain.

[lauren and kenz 5]

47 minutes ago, HRQX said:

Is there a specific reason you decided against CR-1? Because for K-1, a growing backlog should be expected and the UK and Ireland proclamation is in effect until the President lifts it. Meanwhile, London has continued issuing CR-1 visas.

From my understanding the CR1 visa income requirement is 125% which my fiancee does not meet so for her sponsoring me alone, we would only be able to apply for the K1 which is 100%. The benefits of K1 being faster to be together seem to be pretty much non existent which sucks & it's also more expensive which is why we initially wanted to apply for CR1 but we figured we have a higher chance of approval if we apply for the K1.

 

 

34 minutes ago, Orangesapples said:

It's not just the financial side... Staying home all day and not knowing anyone unless it's through your spouse can be really hard. It's not the same as visiting. K1 has too many drawbacks. I came on a K1 and I'm speaking from experience. 

I have accepted that it's going to be a really hard time for me. I have always worked so I'm nervous for what's going to be a long limbo period and I'm sure I won't be able to understand/fully appreciate how hard it's going to be until I'm in it but you gotta do what you gotta do! 

Edited September 15, 2020 by laurens

[Boiler 43,425]

So I am assuming you will be self sponsoring the K, you still have to adjust.