Transferring "sponsor" from myself to someone living in the US?

[chardabra 2]

Hi,

 

I'll just get straight into my question:

 

I'm a US citizen currently living abroad, and I want to move back to the US with my non-citizen fiancé. She will thus be applying for a K-1 visa. But since I currently do not live in the states, can a relative/friend that does live in the US be the "sponsor"?

 

E.g. this page that describes the process assumes that I, the US citizen, am living in the US, which doesn't help me really: https://travel.state.gov/content/travel … e-k-1.html

 

Appreciate if anyone has any informative links on the topic as I haven't been able to find any info re this. 

[Mike E 11,725]

Only you can file I-129F.

 

You generally have to file I-134, though some embassies let the non-citizen fiancé self sponsor.

 

In addition, if your income and assets are too low, you have to find a joint sponsor to sign I-134. Some embassies will not allow that.

[Crazy Cat 39,494]

9 minutes ago, lovebug99 said:

Once your fiancé is in the process of filling out their DS-160 form, you will then have to fill out a form called Affidavit of Support form (Form I-864 ) in which you can state that you currently cannot financially support your fiancé but will have another person sponsoring instead of you. in that case, you can have a joint sponsor or a co-sponsor who meets the financial requirements to assist you in meeting the income threshold for the Affidavit of Support (Form I-864).

This is not correct.  The I-864 is used for immigrant visas and for Adjustment of Status.  The I-134 is the affidavit of Support used for K-1 cases.  

Edited August 16, 2023 by Crazy Cat

[mam521 1,761]

Side note, if you're currently living with your fiance, is there any reason you are not considering a CR-1 spousal instead of the fiance K-1 visa?  

[chardabra 2]

5 hours ago, Mike E said:

Only you can file I-129F.

 

You generally have to file I-134, though some embassies let the non-citizen fiancé self sponsor.

 

In addition, if your income and assets are too low, you have to find a joint sponsor to sign I-134. Some embassies will not allow that.

Thank you for your answer, I'll make sure to get in contact with my local embassy (Stockholm, Sweden).

[chardabra 2]

3 hours ago, lovebug99 said:

Hi, hope my answer helps.

 

No, you are the only person who can apply and petition for your fiancé. But if you are currently not working in the US you can apply and petition for your fiancé, and once the USCIS accepts your case and sends it to the NVC then they will process and send your application to the US embassy where your fiancé currently resides in. Once your fiancé is in the process of filling out their DS-160 form, you will then have to fill out a form called Affidavit of Support form (Form I-864 ) in which you can state that you currently cannot financially support your fiancé but will have another person sponsoring instead of you. in that case, you can have a joint sponsor or a co-sponsor who meets the financial requirements to assist you in meeting the income threshold for the Affidavit of Support (Form I-864).

 

 

Yes, as a U.S. citizen, you can still file a Form I-129F, Petition for Alien Fiancé(e), for your fiancé(e) even if you are living outside of the United States. The process is generally the same, but there are a few considerations to keep in mind:

1. U.S. Residence: While you can file the I-129F from outside the U.S., you'll still need to establish your intent to live in the U.S. This is important because the K-1 visa is a nonimmigrant visa that leads to eventual adjustment of status to permanent residency. The U.S. citizen petitioner must have a U.S. domicile or intention to establish one.

Thank you for all this info, clears some things up! Re: the I-864, would you happen to know if I need a joint or co-sponsor even if I meet the financial requirements (as I believe I will do that), because I don't live in the US?

[chardabra 2]

2 hours ago, mam521 said:

Side note, if you're currently living with your fiance, is there any reason you are not considering a CR-1 spousal instead of the fiance K-1 visa?  

A couple of reasons, but essentially due to circumstances it's more feasible for us to get married further down the line (i.e., in the US), than right now before starting this process. Is the process for obtaining a CR-1 spousal visa "easier" than the K-1? 

[Crazy Cat 39,494]

5 minutes ago, chardabra said:

A couple of reasons, but essentially due to circumstances it's more feasible for us to get married further down the line (i.e., in the US), than right now before starting this process. Is the process for obtaining a CR-1 spousal visa "easier" than the K-1? 

 

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

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 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 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.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[chardabra 2]

2 minutes ago, Crazy Cat said:

 

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

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 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 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.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Thank you, there's a lot here that I did not know. We'll mull this over and see what we decide to do. Thank you! 

[SalishSea 16,841]

4 hours ago, lovebug99 said:

Hi, hope my answer helps.

 

No, you are the only person who can apply and petition for your fiancé. But if you are currently not working in the US you can apply and petition for your fiancé, and once the USCIS accepts your case and sends it to the NVC then they will process and send your application to the US embassy where your fiancé currently resides in. Once your fiancé is in the process of filling out their DS-160 form, you will then have to fill out a form called Affidavit of Support form (Form I-864 ) in which you can state that you currently cannot financially support your fiancé but will have another person sponsoring instead of you. in that case, you can have a joint sponsor or a co-sponsor who meets the financial requirements to assist you in meeting the income threshold for the Affidavit of Support (Form I-864).

 

 

Yes, as a U.S. citizen, you can still file a Form I-129F, Petition for Alien Fiancé(e), for your fiancé(e) even if you are living outside of the United States. The process is generally the same, but there are a few considerations to keep in mind:

1. U.S. Residence: While you can file the I-129F from outside the U.S., you'll still need to establish your intent to live in the U.S. This is important because the K-1 visa is a nonimmigrant visa that leads to eventual adjustment of status to permanent residency. The U.S. citizen petitioner must have a U.S. domicile or intention to establish one.

Incorrect.   You seem to be confusing K-1 with CR/IR-1.

[Crazy Cat 39,494]

17 minutes ago, chardabra said:

Thank you

You're welcome.  Only you can decide what is best for you....but more information before making a decision is always a good thing.  

Edited August 16, 2023 by Crazy Cat

[SalishSea 16,841]

27 minutes ago, chardabra said:

Thank you for your answer, I'll make sure to get in contact with my local embassy (Stockholm, Sweden).

That is not going to be st all helpful.  I encourage you to read the guides and info on USCIS.gov.   It is a long and expensive process.   Getting your partner here will take at least two years.   Becoming educated on how US immigration works could save you time and money.

[SalishSea 16,841]

28 minutes ago, chardabra said:

Thank you for all this info, clears some things up! Re: the I-864, would you happen to know if I need a joint or co-sponsor even if I meet the financial requirements (as I believe I will do that), because I don't live in the US?

You will need to have US based income or assets that qualify.

[D-R-J 156]

Do you have a residence permit where you live? If you were married and had a job offer that required moving with short notice, you might qualify for direct consular filing, which can significantly reduce how long it takes to get a visa. It’s something you should at least be aware of. 

[JeanneAdil 6,234]

remember OP  dfc is for spouse visa not K1