Cercy

That is a really good idea! I'm sure my ex would write something stating that he has agreed to let me take her to Portugal and that he believes it is in her best interest. And he has to be there for me to get her passport so that is already implied to some extent. As for what I need to begin the Residency process in Portugal... really only begins once you're IN Portugal or already married, which causes some awkwardness, as the process to move there is quite a bit easier than to move here. But basically if we go one route, marrying in the US, then he applies to reunite family, he can bring my daughter and I both over, whereas if I go there, marry him and then apply, we have to apply for my daughter separately and she would have to stay with her grandparents until then. And with a divorce, and a big move, I would like to avoid too much moving around for her. So marrying here (or Gibraltar if we must) is the healthiest option in my estimation.

When we move back to the US is basically up to when we can save up enough to support ourselves.

No. I don't work. I am trying to find work, but where I live there isn't a lot right now. My plan was to go back to school, but I am putting that on the back burner right now. Ideally I would work and bring him in on a K 1. And that's still not totally impossible if I manage to find a job. But for now, I have a young child and my ex pays enough child support for me to stay home with her- basically what he would pay for preschool/child care so that I could work and it works out because she gets the upbringing we had intended if we had stayed together, rather than spending all of her time in a daycare. Finding employment that will support this wealthy area's idea of 1-2k a month child care and meeting the minimum for an Affidavit isn't going so well. Heh. Which is why I am thinking that going to Portugal for now, where my fiance owns a home and has employment is the only way we can be together until the tides change.

Apparently there are a lot of jobs in my field in Portugal!

Thank you Kathryn. I tend to get a bit TMI. lol

In response to your questions pushbrk: No, not really. I've told my landlord I'm leaving in November and I've started tying up loose ends here, but other than that I can't say there's much here FOR me to leave.

I'm not certain he was flagged, so much as intensely questioned by a guy with a can of redbull in the middle of the night. I was born and raised here and upon returning to the country I too have been intensely questioned for no obvious reason. All in the name of security I guess. I can't think of a reason he'd be flagged.

I didn't suggest lying but with the history you just noted, being up front about plans and bringing evidence of his intent to return is a better idea. I would also give him a letter from you indicating YOUR intention to go live with him in Portugal after the marriage.

Oh I must have misunderstood you. I didn't think you were saying to outright lie, but omitting his main reason for being here- which it would be, seems a bit untruthful to me. Either way, great advice and thank you. I was thinking of also having plane tickets for myself lined up so he could prove that we're both leaving together- perhaps he could show the printout or something like that.

Proof such as that he owns a home has family and a job in Portugal? Which I guess could be the title to his house, a letter from his employer and maybe a letter from family members?

When he came in on the VWP last time they really questioned him. About me, about why he was coming, about my address. Lots of details. It was weird. But I would rather not have him lie, even by omission because it could come back and bite us in the butt.

Oh that's really good to know. Thanks. The Portuguese Embassy and the US Consulate actually suggest getting married in Gibraltar because it's less complicated than Portugal, but we don't really want to do that.

My fiance and I are still looking at all our options to be together. And we feel that marrying and living in Portugal for a year or so is the best one open to us right now. However, things would be easier for the purpose of getting residency in his country for both myself and my daughter- it would be better to marry elsewhere and then travel to Portugal. I know for the purpose of the K 1 you can only marry on the fiance visa. But if he came here and we married, without the intention of staying (but probably coming back in a year or two, and going through the visa process then) would that be okay?

Sorry for all the questions. And I apologize if this is misplaced. I wasn't sure where to put it.

He can get a work offer while he is on K1, there is nothing wrong it - cannot start the work until has the EAD.

Can he us the work offer in lieu of support - no for the support you(petitioner) needs to show either by herself or with co-sponsor that they have enough funds and benficiery would not become a public charge and in case if he becomes a public charge you have enough funds to re-pay the govt.

you have to marry in 90 days but his AOS would not be complete in 90 days, AOS would take much longer than that I would say approx 6-7 months.

So even if he got a job offer he couldn't work for six to seven months? No job is going to wait that long when they have a need no matter how good the potential employee. I guess that's not a viable route. Sure wish the economy would pick up.

I may not have been clear. I asked if he could get a work offer, not start working illegally.

Sorry, it's a bit confusing for me so it probably came out jumbled. I was just wondering that if I meed the Affidavit requirements for the K 1 and he comes here, we marry and then he gets a job offer would they consider that as proof he wouldn't become a public charge? He has pretty highly specialized skills and I believe he wouldn't have trouble finding work during the three months he is here on the visa, before applying for the AOS.

Also, re coming back to the states someone here on VJ said if we saved around 70 thousand it might be considered sufficient to come back to the states after a year or so. Wondering if that's a well known fact or not.

A recent thread about winning the DV while applying for fiance visa got me wondering....

Is it possible for my fiance to apply for work while we're going for a K 1? When I called the USCIS call center they said NO that is FRAUD. And they told me applying for DV is also fraud. And a kind VJer told me that the USCIS call center is AKA the Misinformation Line.

We want to get married. I have begun making plans to uproot myself and my 3 year old to live with him in Portugal until we can save enough to come back to the US as he owns a home and has a job there and I have neither in the US (though I do rent and am looking for employment to meet the Affidavit requirements).

Honestly I would prefer not to go to Portugal, but if it means being with him I will do it because wherever he is is where I want to be.

When does the Affidavit matter? When applying for the K 1? Some paperwork doesn't even seem to request it. Or when applying for Adjustment? Because if it's the latter couldn't he get a job offer while in the US for the 90 days and use that in lieu of the Affidavit of support? Or is looking for work when you are really just trying to come be with someone in the US really and truly fraud?

Thanks in advance for shedding any light on this matter.

Don't forget the phone clerks are known as the misinformation line.

I had never heard this before. It amazes me that anyone gets anything done with all this confusing info. Other than this website are there other wealths of information a person could go to to check into DV filing while applying for a K 1? If this isn't actually fraud it opens up more opportunities for myself and my fiance.

Who is Marc Ellis?

I'm not sure I understand the part about the DV lottery. Do you mean "applying to the DV while already engaged/married"? Why would it be fraud?

I don't understand either which is why I am rechecking all the info I've gotten at the call center, website and other sites as well as here- with a lawyer. I've just gotten too much misinfo. Their explanation was that if you have an existing relationship and are trying to enter the country for that reason entering for any other reason on any other visa or winning a DV is fraud because your main aim is to be with that person, not work, study, be a part of diversity etc. I apologize for pulling the conversation off topic but I felt it deserved mentioning since they were so adamant.

Not true. Not fraud. Some work visas are dual intent, meaning the person is allowed to enter with the intent of immigrating AND working. Fancy!

Like I said, I really have a lot of doubt as to how much the people at the call center at USCIS actually know. The amount of cross-contradictions and misinformation I have gotten from there is alarming. But it was enough to put us off trying either route and we're now seeking an immigration lawyer just to make sure we've got all our info right before we take any steps. (And of course reading the useful stuff on this forum)

My conversations pretty much went: Well what if he gets an offer of employment here? "That's fraud, since he's entering the US to be with you."

What if he wins a Diversity Visa? "Applying for a DV when there is a prior relationship is fraud." It was very unnerving. We just want to be together. Is that fraud too?

There are three ways you can sponsor when you don't live in the USA:

1. Sponsor on assets- you'd need about 70'000 is assets, ie three times the 125% income guideline for your household of three.

2. Get a co-sponsor; a family member or friend who is USA based and is willing to stand guarantoor for your husband.

3. Get a job where you can move internally, within the company, back to the USA.

Thank you, this is really helpful info.

I wonder if we count as a house of three since her father will be paying child support but that's an issue for down the road. Since the Euro is stronger than the dollar right now I think we could, with time, make the assets requirement. Again, thank you.

The time saving issue isn't really a big deal to us. I just don't want to have to leave. The idea is to keep the moving around, the coming and going, as infrequent as possible for my daughter's sake.

But that leaves the fact that I will sell my car, put my things in storage and not have assets or a job here in the US when we want to come back. Our only assets would be our savings at that point. Having my car sit here for however long would just cause mechanical problems.

Okay I found this- http://www.visajourney.com/forums/topic/310589-august-15th-cut-off-date-for-dcf-filing/ But does this mean we can't apply from Portugal? There doesn't appear to be an office there. We can still apply while in Portugal, it's just handled differently, correct?

As long as there is a local USCIS office in that country you can do DCF as a resident. August 14th is the cut off, there will be no more DCF in countrys without a local USCIS office.

I couldn't find anything on google about this. How do I find out if there's a USCIS office? Do you have a link to this info? Thanks.

I am sure some of you remember my thread from yesterday and I'm back with more questions.

In case you didn't read that one: I am a USC engaged to a Portuguese citizen. I have 2 months until I am divorced, as the state I live in has a long cooling off period before granting a no fault divorce (yes I am info gathering early but I want to be prepared so let's not discuss that, thank you.)

I am seeking work here in the US and hoping that will pan out so I can afford to bring him over on a k1, however the father of my 3 year old has given me permission to take her to Portugal to spend a year or more (however long it takes) living with my fiance, as he has a steady job and his employer has indicated he has work for me as well, building a website, making graphics, helping out in the office- putting some of my skills to real work. So we decided to check out DCF. I assume it would need to go like this:

I go to Portugal, we get married, we file for permanent residency for myself and my daughter. We live and work together for the minimum six months it takes to do DCF and beyond if that is what it takes to give us residency in Portugal and the option of living there if that is necessary. If my ex and I can work out some sort of healthy visitation for our daughter I can't see why we wouldn't stay there a few years while his job is flourishing.

My questions are, how complicated is DCF? I understand that I would still need an affidavit of support to bring him back to the US, at which point obviously I would not be employed in the US and our intention is to save up to have enough with the sale of his house and move our little family back to the US. Is this just a pipe dream? If I can't find employment here and I can there, is there anything keeping us from doing this?

I am by no means the authority on this but I just wanted to note that when I called the USCIS with this question I was told that if a person is engaged or married to a US citizen already, has an existing relationship that applying for the DV lottery was considered fraud.

I was also told that if my fiance seeks work here as a means to be with me it's fraud. I was basically told that everything we did besides applying for the K1 and doing that process or my going there was fraud. I really question whether or not these answers were legit, and even called back three different times to ask different people and they all said the same thing. So I would be very careful to make sure that they don't consider you committing fraud, was what I took away from that experience.

Just to make it very clear: You can't file a petition or anything until your divorce is final.

Maybe you should work on convincing your ex to let you take the kid to Portugal and move there...

Funny you should say that because he has finally agreed to let me take her there. Not permanently but for as long as it takes.

And I know that I can't file anything until my divorce is final. I've made it pretty clear that I'm information gathering for the future.

Don't do CR1 route. You have numerous hurdles to jump through... find employment or a different sponsor, get divorced finalized, after divorce is finalized I would make sure you have a few more visits together before sending in I-129F packet. The petitions are just that... petitions. What if you get married and then go CR1 route, and then his visa is not approved? What will you do then? You need to anticipate this whole process will take a year. Would you rather collect alimony for that whole year or not? If you get married, it stops. Go K-1 route, this way you collect alimony for the next year+. Further, if his visa is denied the alimony continues. If you go get married now and go CR1 route the alimoney stops, and then in a year when you find out the visa is not approved, then what? Your #1 issue right now should be YOUR and your kid's financial situation. Don't cut off the financial support prematurely. K-1 should be the only thing you are considering.

The Alimony stops if I get a job as well. It's not a legal agreement- since this state doesn't do legal separation. Will reply to this and other posts, just wanted to reply to this bit before I forgot. Thanks.

Moomin- thank you for your reply. For some reason, thought the fiance visa gave the right to seek employment while they were here for the 90 days? I guess this was misinformation?

I guess being apart is pretty much inevitable. Though my ex is softening on the idea of letting me bring my daughter to Portugal. This is a busy season for my fiance so he can't come visit right now. I had looked into consular filing of the K-1 which I guess would then be after we were married and become another type of visa all together- which would require my having been in Portugal with him for six months (and married). If I can get permission to bring my daughter with me to Portugal for that time period (from her father) I will definitely consider doing that to lessen our time apart. Maybe I'm a drama queen but he left me and went back to Portugal just last week and already I feel such a loss. This only gets worse with time, doesn't it?

In this day and age it is extremely easy to really get to know someone else online. We met and clicked online and spent the five months until he visited on webcam 24-7. We even slept with it on. It wasn't real, but it kept us until he could come here.

In the meantime I will continue to seek employment like crazy.

My ex and I hired a law firm that does collaborative divorces (Meaning everybody is nice and agreements are made via mediation- of which official records are kept) that I intend to ask to give me as much information on the cooling off period in this state and multiple copies of every step that is taken when October rolls around. I know it's not really something to be PROUD of but we only married because I got pregnant very early in our relationship and we felt it was the right thing to do. So I guess I need to air my dirty laundry a bit. That's okay. I'm fine with that. I am sure my ex's family would be glad to write something out to that effect as well if that might help. Do you think it would?

My ex has also moved on and would like to marry his girlfriend. We would have been divorced ages ago if it was an option. Come October, our law firm will file the papers, a judge will sign them and that's that. And my fiance and I could marry the next day but that doesn't mean we could be together, as you all know. Though I wonder if marrying and being apart however long this process takes would give more weight to our case. When I remarry obviously the alimony stops and I don't care. I just want to be with him. I never intended to keep it once my daughter became school age anyway.

And yes! I would rather be prepared. Two and a half months goes FAST.

Cercy...A belated welcome to VJ!!!

I hope you got the info you needed from this thread so that you can work through your visa journey as smoothly and as quickly as possible.

Nevermind Tim's comments. He's not a troll. He's a good-hearted guy who is going through the visa process and is trying to be helpful in his own way. Like any of us, sometimes he gives good advice and other times he has reading comprehension problems and a blind insistence on doing things his way.

Best wishes.

Thank you. Since joining the forum I've cried, I've been angry and I've felt vindicated. All inside a few hours. I think Tim has some misguided ideas about women and wasn't really trying to help me at all, but that's water under the bridge at this point. I will stop posting off topic now. I've definitely gotten what I came for, even if it was too soon to do anything with the information. Take care.

My humble recommendations: 1) Get divorce, once divorce you can marry next day if you want

2) Take your time to know your fiancee for the best of your daughter and yourself and try to make as many trips as possible 2-3 at least to gather tonds of evidence, pictures, hotel reciepts, letters, mails, etc, etc

3) look for a job

4)get another sponsor

At the end, you will do what you and your fiancee wants. We are just here to advise you. You choose wheather to do it or not...!

Good luck in your choice and dont get mad with us VJ members

I was only mad at the personal attacks. People may not realize that their true feelings are as obvious as they are, but your words often betray your intentions whether or not you want them to. I am looking for work. I suppose I should have put that out there originally. And there's nothing wrong with receiving child support or alimony because HEY being a mom IS a job. But it won't get my fiance into the country and that's my goal.

And that's good advice about more visits. Obviously the fact that he works and I have a child makes visits hard, but he spent the last three months living there and I intend to go live there for three months soon myself. Maybe we'll spend more time just to make sure this works out.