J-Vo

The main issue there is the OP would need to determine if they will also need a co-sponsor to adjust status. While it's true there is no time limit on adjusting status, it also means the beneficiary can't work until authorization is received, which is usually done with the adjustment of status petition since it's at no additional cost (outside the $1070). If the OP isn't able to be in a financial situation on their own for the adjustment of status process, it's not a bad idea to keep an eye on what's needed for the I-864 and get a co-sponsor lined up, whether it's mum or someone else.

Thanks so much for your input. Is the AOS a requirement after marriage? I've seen people respond that there is no time requirement as to when you must file for the AOS after marriage. The reason I ask is because my soon-to-be-husband (hopefully) is a musician and can earn money "outside of the system" anyway so it doesn't look like, for him, it would be immediately necessary. Of course, down the road, once we're financially stable, he will probably want a regular "in the system" job (i.e. teaching music classes) and at that time would file for the AOS - without my mom as a sponsor.

sorry, lots of folk here talking about the I-864. Great and accurate stuff, but it doesn't apply.

the TOPIC - When can alien fiance cut ties from financial sponsor?

smacks of the Affadavit of Support presented at a K-1 interview at the IV Unit, on interview day.

That particular Affadavit of Support is the I-134, and is NOT legally binding.

IMO (and others) it truly expires when one of two things happen:

1. foreign fiance gets married to the US Citizen or

2. the I-94 issued at the POE expires.

so, to the OP - remember.....

Short on Cash? You are not in a rush to file the Adjustment of Status after marriage - so take yer time, build up yer financial portfolio - heck - even file a year later when your financial position improves after marriage. There is no regulation for WHEN you must file the Adjustment of Status for your WIFE after marriage, but you must marry within 90 days of her arrival in the USA (there's a regulation about that one bit) .

Good Luck !

Thanks so much for your input. So, if we don't file the AOS immediately after marriage, what "status" will he have then? Is the AOS regarding him being considered a Permanent Resident? I'm just confused on the statuses.

Yep. The I-134 for the K-1 interview in Juarez is not legally binding and your mom has nothing to worry about there. If you still won't have enough to meet the requirement after you marry and file for AOS, then you will also need a joint sponsor for the I-864, and that is the one that is legally binding and anyone should read what they are signing to before doing so.

So he won't have his interview in Tijuana? That's where he'll be living. Is Juarez the only city in Mexico where Alien Fiances go for the K-1 interview?

Hey everyone,

My mom is planning on being the financial sponsor for my soon-to-be Mexican fiance (I'm about to file the K-1 petition) and she is wondering at what point can the ties be cut between them? Is it once he gets his green card? Once he becomes a permanent resident?

She is willing to help him out to get here but doesn't want to feel like this will be a long-term thing.

Any insight appreciated!

Hey everyone,

My fiance lives in Mexico (currently Michoacan) and plans to move to Tijuana around late-July to early-August. My concern is that if I file the petition within the next week or two, there could be an issue with him moving and the documents getting lost or sent to the wrong office as well as him being designated an office to go to and then that needing to change due to moving to a completely different state which has a different office.

Can anyone tell me if this is a big issue or not? If so, I will tell him to move to Tijuana right away rather than waiting (but he prefers to stay in Michoacan to continue saving money for the move). I'm just concerned that I won't know who to contact to inform them of a change in address.

Or, perhaps I can write down his future Tijuana address?

Any insight much appreciated!

Thank you,

Jennifer

Just as an addendum, many people are not aware that there are in fact TWO fees to pay for the K1 process and that does not include the medical fee.

Once in the USA you'll need to pay over a thousand dollars for adjustment of status. Your fiancée will not be able to work until AOS completes, or they receive their temporary work permit (if they applied for it) which will be some three months after you apply.

I have a question for you related to this post. Since my boyfriend is a musician, he can earn money as all musicians do - cash - until we have saved up enough money to adjust his status and pay the $1,000 fee. That said, is the adjustment of status $1000 fee only for those who intend to get a regular on-the-books job? Or is it a requirement for anyone, regardless of income source.

It shouldn't be an issue so long as you can meet the income requirements, be that with a sponsor or without. In your case, your mother will need to sponsor your entire application and their income must be 125% of the poverty limit for her household including you and your fiancée. So if she has two kids with you being one of them, she would need to cover a household size of four.

Ok, thank you. My brother and sister are 28 and 24 respectively (and live independently on their own) so I don't think she would need to include them in her household size, correct? Also, I don't live with my mom - I live on my own with two friends - so would I still be included in her household size?

Hi everyone,

I am going to do the petition for the Fiance Visa to bring my Mexican boyfriend up here. I am ready to begin the application; however, I am currently receiving unemployment benefits through the State of Minnesota (I do have a part-time job but am considered "underemployed") and I am also receiving food stamps and have state healthcare.

Does anyone know if I could have a good chance of getting denied for receiving public assistance benefits? If so, is it "worse" to receive one over another? I am totally willing to cancel one or all of them to avoid getting denied the petition.

Also, as a side note, my mom is willing to do the Affidavit of Support form and include proofs of her income to sponsor my boyfriend.

Any insight would be much appreciated!

Hi there,

My boyfriend is Mexican (what luck I have!) and so, of course, I'm trying to get him to the U.S. to meet my family and what not. He is a musician in Mexico so has no real "formal" income and doesn't have much for savings. I'm wondering if the Affidavit of Support form makes any difference when applying for the Tourist visa or if it's completely irrelevant once they see that the Mexican doesn't have any savings or formal income. My mom said she'd be willing to fill out the form and she's the Assistant Dean at a prestigious private university (not sure if that makes a difference either)

Please advise!