Help with immigration of my fiancé

[Ealenon 0]

Hello all,

I am a US citizen currently living abroad. I took a gap year from college and I am planning to return next year before the fall semester. 

 

My fiancé is Romanian and is a practicing physiotherapist. He is currently studying for his master's degree. He will graduate next year, around the same time as when I will start school. Our plan was for him to enter the US with a work visa and then later apply for a green card. However, since his line of work is healthcare, the USCIS screening process alone will take much longer than the date we wanted to move together, and then he will have to find a job, get a work visa etc. 

 

I thought maybe he could enroll in a community college, and then later adjust his status from a student visa to a work visa? Since I am young and have no family in the US, we cannot start the green card process right away since I do not yet have the necessary finances to be a sponsor.

 

I'd like any type of advice, thank you!

[Crazy Cat 44,475]

Another option:  Marry now, and start the spousal visa process.  No adjustment of status needed. In about 2 years, he can enter the US as a Green card holder.

[Crazy Cat 44,475]

Another Option:  Marry now, and start the DCF (Direct Consular Filing) spousal visa process a few months prior to desired move (with exceptional circumstances such as a short notice job offer for US citizen). 

[Crazy Cat 44,475]

US immigration requires a great deal of knowledge, planning, time, patience, and a significant financial investment.  You are on the right track.  Good luck.

Edited 4 hours ago by Crazy Cat

[wildbug100420 278]

3 hours ago, Ealenon said:

Hello all,

I am a US citizen currently living abroad. I took a gap year from college and I am planning to return next year before the fall semester. 

 

My fiancé is Romanian and is a practicing physiotherapist. He is currently studying for his master's degree. He will graduate next year, around the same time as when I will start school. Our plan was for him to enter the US with a work visa and then later apply for a green card. However, since his line of work is healthcare, the USCIS screening process alone will take much longer than the date we wanted to move together, and then he will have to find a job, get a work visa etc. 

 

I thought maybe he could enroll in a community college, and then later adjust his status from a student visa to a work visa? Since I am young and have no family in the US, we cannot start the green card process right away since I do not yet have the necessary finances to be a sponsor.

 

I'd like any type of advice, thank you!

You would have to get a joint sponsor. It would be needed at the NVC stage if you go the spouse visa process.

[Ealenon 0]

4 hours ago, Crazy Cat said:

Another Option:  Marry now, and start the DCF (Direct Consular Filing) spousal visa process a few months prior to desired move (with exceptional circumstances such as a short notice job offer for US citizen). 

Thank you for your help. I will keep this option in mind.

 

The problem with spousal visas is that since I have been living abroad, I do not have the income / assets needed by the I-864 Affidavit of Support.

 

Would it be a feasible option to get married, fill out the K-3 and wait to apply for an adjustment of status until I can obtain a job that puts me above the poverty line? I'm a student, so I couldn't work full time, but I'm sure I could find a part time job with that income in short notice.

[Crazy Cat 44,475]

2 minutes ago, Ealenon said:

Thank you for your help. I will keep this option in mind.

 

The problem with spousal visas is that since I have been living abroad, I do not have the income / assets needed by the I-864 Affidavit of Support.

 

Would it be a feasible option to get married, fill out the K-3 and wait to apply for an adjustment of status until I can obtain a job that puts me above the poverty line? I'm a student, so I couldn't work full time, but I'm sure I could find a part time job with that income in short notice.

K-3 visas are obsolete, and they are not being issued.  Any qualified US citizen or legal resident domiciled in the US can serve as a joint sponsor.

[smilingstone 605]

If your sole aim is for him to come to the US so you can be together when you start school, regardless of his study/work situation, to pursue any other visa other than K1 or spousal while fully intending to adjust status for permanent residency would be misrepresentation.

 

3 minutes ago, Ealenon said:

Would it be a feasible option to get married, fill out the K-3 and wait to apply for an adjustment of status until I can obtain a job that puts me above the poverty line? I'm a student, so I couldn't work full time, but I'm sure I could find a part time job with that income in short notice.

 

There's no K3s anymore. Spousal visa would still allow you time to secure work and/or a joint sponsor.

[Ealenon 0]

51 minutes ago, smilingstone said:

If your sole aim is for him to come to the US so you can be together when you start school, regardless of his study/work situation, to pursue any other visa other than K1 or spousal while fully intending to adjust status for permanent residency would be misrepresentation.

 

 

There's no K3s anymore. Spousal visa would still allow you time to secure work and/or a joint sponsor.

I see. Thank you.

 

Could I fill out the affidavit of support as soon as I have sufficient income (e.g. as soon as I land a job)?

 

I'm just trying to shorten the time spent apart as much as possible.

[smilingstone 605]

27 minutes ago, Ealenon said:

Could I fill out the affidavit of support as soon as I have sufficient income (e.g. as soon as I land a job)?

 

For a K1 visa, you will need 2 affidavits:

• I-134 at interview stage, where you will need to evidence meeting minimum of 100% of the poverty guidelines. Joint sponsors are not always accepted at this stage, depending on consulate.
• I-864 (and I-864a if needed) at AOS stage after marriage once the beneficiary is in the US, where you will need to meet a minimum of 125% of the poverty guidelines.

 

For a spousal visa, you will need 1 affidavit:

• I-864 (and I-864a if needed) at NVC stage, before interview.

 

Spousal takes a little longer than a K1 and the beneficiary is an LPR as soon as they arrive, but I think you'll need to meet 125% right away. K1 might buy you some time to gain employment securing the 100% minimum for initial sponsor, and then gain employment meeting the 125% later on. But with a K1, you will be stuck being the only source of income for you and the beneficiary until they get their EAD and can work, which can take months.

 

Either way, it's risky when you are going to be a full time student with little income, and there's no scope of a joint sponsor. It might be better for you both to continue with school/work in your home countries and then visit each other where possible. Then, once you've graduated and secured adequate employment, you may be in a better position to sponsor.

 

We've all felt that we "just want to be together as soon as possible", but sometimes rushing it isn't the smartest choice if you don't have all the required angles covered.

 

 

[mam521 2,516]

41 minutes ago, Ealenon said:

I see. Thank you.

 

Could I fill out the affidavit of support as soon as I have sufficient income (e.g. as soon as I land a job)?

 

I'm just trying to shorten the time spent apart as much as possible.

You have to get married then file the I-130 first and those are taking 16 or so months to be approved.  After that approval, your partner would fill out their DS-260 and you the I-864.  You can have a joint sponsor for the I-864.  

 

Adjusting status will cost way more money in the long term.  Additionally, it puts strain on the relationship because your partner has to wait for work authorization before they can get a job and help with the finances.  It's extremely difficult for people to go from independent to fully dependent, and in a new country with new culture, customs and often few friends.  By completing consular processing, your partner enters the US on the same level as you - able to work, get a driver's license and really work on integrating into life in the US.  

 

No one wants to be apart from their loved ones, but the reality of immigration is that sometimes you have to be separated for a little bit of time.  In the greater picture of your entire lifetime together, it's really a small amount of time.  

[Ealenon 0]

42 minutes ago, smilingstone said:

 

For a K1 visa, you will need 2 affidavits:

• I-134 at interview stage, where you will need to evidence meeting minimum of 100% of the poverty guidelines. Joint sponsors are not always accepted at this stage, depending on consulate.
• I-864 (and I-864a if needed) at AOS stage after marriage once the beneficiary is in the US, where you will need to meet a minimum of 125% of the poverty guidelines.

 

For a spousal visa, you will need 1 affidavit:

• I-864 (and I-864a if needed) at NVC stage, before interview.

 

Spousal takes a little longer than a K1 and the beneficiary is an LPR as soon as they arrive, but I think you'll need to meet 125% right away. K1 might buy you some time to gain employment securing the 100% minimum for initial sponsor, and then gain employment meeting the 125% later on. But with a K1, you will be stuck being the only source of income for you and the beneficiary until they get their EAD and can work, which can take months.

 

Either way, it's risky when you are going to be a full time student with little income, and there's no scope of a joint sponsor. It might be better for you both to continue with school/work in your home countries and then visit each other where possible. Then, once you've graduated and secured adequate employment, you may be in a better position to sponsor.

 

We've all felt that we "just want to be together as soon as possible", but sometimes rushing it isn't the smartest choice if you don't have all the required angles covered.

 

 

I will have support from family (not US citizens, so they can't be sponsors) for my tuition, housing etc. so all of my income would technically be disposable income. I was just wondering if there's any period of time I must be employed before I can be a sponsor for the I-864, or if I can fill it out the moment I sign a work contract.

[smilingstone 605]

36 minutes ago, Ealenon said:

I will have support from family (not US citizens, so they can't be sponsors) for my tuition, housing etc. so all of my income would technically be disposable income. I was just wondering if there's any period of time I must be employed before I can be a sponsor for the I-864, or if I can fill it out the moment I sign a work contract.

 

Well you will have to evidence stable income. I imagine that a salaried position that pays X per year would fare better for early sponsorship than something paid hourly, gig work, or heavily reliant on tips, unless you have a contract that guarantees a minimum amount of hours that equates to the required income.

 

I'm assuming that your comment of getting a job at any time means it would be entry level work, which isn't ideal for sponsorship. If so, I'm also assuming you will be in a college town/city, so job market will be incredibly competitive for entry level work. You may not get a job as soon as you'd like. 

 

You'll also have to provide evidence of filing taxes for the year prior to filing at minimum, but past 3 years are advised. 

 

 

 

Edited 38 minutes ago by smilingstone