Two questions about K1 requirements

[dutchluv 0]

I'm new so I apologize if this has been asked before but I have looked all over for the answers and haven't been able to find them.

I am a US citizen by birth and my boyfriend is Dutch. We recently have been very seriously discussing getting engaged with in the next few months. So here is my question.

I am a student, I have two years left of school and what my boyfriend and I have been thinking about doing is getting the k1 visa, having him come over this summer, get married and then getting a place together in the city I am from. I would still have a year of school left though which is where I run into a snag.

First, on the proof of support front I am not sure what to do. I am not working while I go to school and live off of financial aid and loans, my boyfriend though will be traveling to the US with plenty of money on which to support himself until he finds a job. Will the fact that I personally wouldn't be capable of supporting him matter if he can do it himself until he is eligible to work?

Secondly, because the school I go to is not in the same city where we will be setting up our home I had been thinking about spending the four days I am in class in the city where I go to school in university housing and then the other three days of the week at home with him. Will that create problems for us later on down the road when he applies for his adjustment of status?

I guess it would probably be smarter to wait until I am done with school and have found a job but we have been doing this long distance thing for four years now and have turned some kind of corner in our relationship and the distance has become burdensome to the point of feeling intolerable.

If any one has any insight into this or similar experiences and thus some advice to dispense I would be very appreciative. This whole process is all kind of overwhelming.

[~Laura and Nick~ 5]

First, on the proof of support front I am not sure what to do. I am not working while I go to school and live off of financial aid and loans, my boyfriend though will be traveling to the US with plenty of money on which to support himself until he finds a job. Will the fact that I personally wouldn't be capable of supporting him matter if he can do it himself until he is eligible to work?

For your first question...I believe you'll need to get a co-sponsor or sponsor to help you...I don't think they will take your word on him simply having "plenty of money" to support himself...

I don't know about the second question....I'm sure someone on these awesome boards will though

~Laura

[dutchluv 0]

First, on the proof of support front I am not sure what to do. I am not working while I go to school and live off of financial aid and loans, my boyfriend though will be traveling to the US with plenty of money on which to support himself until he finds a job. Will the fact that I personally wouldn't be capable of supporting him matter if he can do it himself until he is eligible to work?

For your first question...I believe you'll need to get a co-sponsor or sponsor to help you...I don't think they will take your word on him simply having "plenty of money" to support himself...

I don't know about the second question....I'm sure someone on these awesome boards will though

~Laura

Right, well I probably wouldn't ask them to take my word for it . He would have bank records and such of course and would have enough cash in hand that he could support himself without a job for probably a couple of years if we're frugal. Would it make a difference if his investments pay out a "salary" or sorts to him every month? I don't know if that would be considered a salary or not.

Could you point me in the direction of info about a co-sponsor? Again I have looked but not really found anything that explained it completely.

Thanks for your help!

[~Laura and Nick~ 5]

[quote

Could you point me in the direction of info about a co-sponsor? Again I have looked but not really found anything that explained it completely.

Thanks for your help!

Hi

So from what I've been reading, I don't think it matters if he can support himself financially or not. You are responsible for him...you are his sponsor. If you don't meet the requirements, you can have a co-sponsor.

I found this link:

Sponsor Info

Key Points:

"IF the foreign spouse has LIVED IN

THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are

NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when

interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US."

"The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the

US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide

supporting documentation."

Good luck

Edited October 2, 2007 by ~Laura and Nick~

[Carlawarla 1]

First of all, you should know that sometimes the best laid plans are not realistic. You might want to search on this site for other couples from the same country as your boyfriend, to see what kind of timelines you might be looking at. I'm just saying this because your comment that you would apply for the K-1 visa, and then you'd get married this summer...etc. Anyway, it might not happen by that time. I don't know this for sure, but if you check other timelines, you might have a better idea.

As far as your other questions go, if you look at the guides, you'll see what financial requirements you'll both have to have to make this thing a "go". You as the USC could get a co-sponsor, perhaps a parent, or other family member. You'll have to have previous years income tax records. I believe your finance can sponsor himself but there are different financial minimums then. Best to read the guides to see what kind of assets/monies he would need to have.

Another reminder is that when he comes over with his K-1 visa, he will not be able to work until he either 1) gets some type of work authorization stamp at JFK airport, however this is only good for 90 days, 2) after marriage he applies for AOS, which will include his EAD and AP

His EAD would allow him to work until his adjustment of status, and is renewed yearly until that time. If you file your AOS paperwork right after marriage, his EAD might come about 90 days after.

I don't know if you would have the money to live until then without his working.

So there are many things to look into, and think about. I suggest reading the guides as the first place to start, and looking for members from similar countries to get an idea of timelines.

Carla

[Jasman0717 9]

I am a student, I have two years left of school and what my boyfriend and I have been thinking about doing is getting the k1 visa, having him come over this summer, get married and then getting a place together in the city I am from. I would still have a year of school left though which is where I run into a snag.

IF you get married you would have to file for a K-3 or one of the other types of visas