astral

sorry this is the wrong forum but does anyone know about the Student Visa?

or if there is a message forum where I can discuss that?

Astral ~ Many of your concerns were addressed in this thread:

http://www.visajourney.com/forums/index.ph...=89738&st=0

I suggest that before you continue to post more questions you follow the excellent advice in that thread. You have many issues to sort out before you even consider filing for a visa. I suggest you do this first, read the guides and then, if there is anything else you wish to know, post it here.

Until then I do not feel that there is much we can do to help you further.

i recall being told many times to figure out her status befopre anything

Then do that first rather than confusing yourself with an overload of information that isn't relevant at this particular time. The whole immigration process is confusing as hell when we DO have answers, I can't imagine how awful it must be when you don't.

Take a deep breath and work through it bit by bit.

thats what i am doing. your posts are uncalled for

Astral ~ Many of your concerns were addressed in this thread:

http://www.visajourney.com/forums/index.ph...=89738&st=0

I suggest that before you continue to post more questions you follow the excellent advice in that thread. You have many issues to sort out before you even consider filing for a visa. I suggest you do this first, read the guides and then, if there is anything else you wish to know, post it here.

Until then I do not feel that there is much we can do to help you further.

i recall being told many times to figure out her status befopre anything

Pushbrk is right I did meet her before her last entry. do not know why I did not think of that.

the thought was in my head before she went to mexico but I did never speak if it

because I thought you needed 3 years of tax records to marry a forienger,

and I do not have that. it was not until recently when i was actually trying to find out

about a lottery i heard of where the winner gets a visa. i got off track and read a little about the k1 visa and

became interested to see for myself how it works and found maybe i can marry her, i just did not know anything

about it and had a different idea.

I'd be curious how she can still be here on VWP since a VWP entry allows only 90 days and that is long expired (based on you meeting her on 9 Jun 2007).

yeah i thought that would come up

while being here she has flown to new york twice and california maybe 2 or 3 times

and flew to mexico for 2 weeks and was issued another visa waiver when she returned and it is about to expire soon

You are talking about the Visa Waiver Program, it allows persons from 20+ countries to visit the USA without a Visa.

SEE: http://www.cbp.gov/xp/cgov/travel/id_visa/..._us/vwp/vwp.xml

Either one is fine, if you are thinking K-3, consider the K-3 and K-1 carefully if you adjust status from a K-Visa you will be paying $1010 for the pleasure. You may want look at CR-1 visa.

Marry here or there, and file just the I-130 for a CR-1 visa there is no status adjustment, CR-1 results in a green-card allowing immediate work privilege, and travel. CR-1 takes a bit longer than K-3.

Lastly How did you meet? If you did not know your girlfriend before she came here, and her intent was NOT to immigrate when she came to the USA to visit, you may just file I-485 and I-130 together and adjust status here and now she wont be able to leave until a decision is made though.

Compare: http://www.visajourney.com/forums/index.ph...mp;page=compare

CR-1: http://www.visajourney.com/forums/index.ph...page=i130guide1

Adjust status from visitor: http://www.visajourney.com/forums/index.ph...page=i130guide2

the quicker the better.

I live in Las Vegas, I met her while makeing a small bet on roulette at Red Rock resort casino 9 Jun 2007

i said hello to her after she smiled I won bet.

we went to her place which was right across the road after stopping at a grocery store to get wine.

actually..i wrote a poem about that night ..

but after that day we spent a lot of time together, i did not have a job at the time had lost it the previous year

then got some injurys. she made sure i had food and a place to stay

more recently she stayed at my place for awhile.. its a long story we were through lots together

maybe a bit personal

Yes, this is the key question. Please answer it before going further down this road. When did you and your girlfriend decide to get married? Was it before or after her most recent entry to the US?

i only met her since her most recent visit.

we met in person

My girlfriend is here in america with a Visa Waiver (some kind of special thing for japanese and european visitors i guess)

is anyone formiliar with this?

shes here for another month, would it be a good idea to marry before she leaves and do the k3? or do a k1 when she goes back?

Since you're asking, I take it she didn't have intent to marry and stay to adjust status, when she last entered. As such, that option would appear to be open to you if it otherwise fits your needs. If so, you would be together in the USA instead of separated. Most would consider that "better".

However, if you choose that option, she should not leave the US until she completes the adjustment of status or has advanced parole. You'll also need to be very confident of convincing an immigration official the marriage decision was made after she entered the US.

yes I am trying to find out which is best, which will allow her to stay, and how?

My girlfriend is here in america with a Visa Waiver (some kind of special thing for japanese and european visitors i guess)

is anyone formiliar with this?

shes here for another month, would it be a good idea to marry before she leaves and do the k3? or do a k1 when she goes back?

people were saying to marry her since she is still in the states right now for another month.

do they mean without the I-134, Affidavit of Support ?

will this do any good? why were they saying to do this

If someone I didn't know asked me to sign a legally binding paper sayign that I would support someone (that I don't even know)... well I would probably just laugh. How would I know that these people wouldn't turn on me or try to get money from me? I don't know if there is anythign protecting a sponsor but since they're signing something saying they will financially sponsor someone that seems pretty sketchy to me to sign it not knowing what the future might hold.

The whole thing seems too complicated to me!

Is this a credible sponsor?

currently self employed for the past year with online businesses.

the year or 2 before that was in the navy

and about 2 years before that worked as a baggage person at a nice hotel

before that had other jobs..

i do know this person i just recently thought about him and realized hes the best chance i have for a sponsor

what will marrying and applying for unconditional greencard do?

man you need to talk to your fiancee and find out her history. If you cant read the guides and get some understanding of the entire process, it is not going to do you any good asking new questions without answering the ones that were posed to you previously.

You are not smart enough to do this process on your own, and you lack familiarity with the basics of the process.

SEE AN IMMIGRATION LAWYER!!!

If she has even a conditional green card, she would not need a visitors visa to get into the USA (oh and by the way it is her green card not her ex's, he cant send it back). If however she did not get a replacement or change from conditional green card to unconditional and let it just expire then its more complicated.

I agree with others you need to determine what her status really is,if her green card it still valid you can just marry and apply for a unconditional green card. If it has expired talk to a immigration lawyer about your options, and make sure you have the divorce decree

she has a conditional thing right now that will expire in a month or 2

from the previous marriage they divorced before she had an interview and got permanent residence.

how can i know what the immigration lawyer tells me is true? the last one told me right away if i cant show taxes the last 3 years over 22,000 a year then i have no chance..

Everybody needs to stop spoon-feeding this poster.

We obviously don't have the full story. If his woman is here based on a marriage that went belly up, simply marrying another American and hoping to successfully adjust her status isn't going to pan out.

shes not here because of a previous marriage.

she left after getting divorced and has come back and met me a few years later.

here on a tourist visa

Is this a credible sponsor?

currently self employed for the past year with online businesses.

the year or 2 before that was in the navy

and about 2 years before that worked as a baggage person at a nice hotel

before that had other jobs..

i read the link, i do not support any of the people here, actually I do not even need to pay a rent here.

i pay for my food and gas

So, then if you make at least the 125% poverty level from the chart for a household of two, you'll be able to complete the I-134 in January with an employer letter and pay stubs showing you've been making plenty of money for several months. That should be sufficient. You don't need to bother filling out information about your bank account. Just file the petition and supporting documents and deal with the support issue when the time comes. You do not file an affidavit of support with the I-129F petition. You send it to your fiancee after the case gets to the Consulate.

fiancee is in america right now with some type of temporary visa, she has to leave in like a month I believe.

she actually had a visa through marriage but was the victem of domestic violence and left the state. the man kept

her greencard telling her it was his "duty" ..i dont know i didnt understand the whole storey.

long storey short she lost that greencard i think.

ok so one question about that is how many pay stubs for how many months do i need? because I only have pay stubs for maybe the past 2 months and also from a few months last year.

Actually, a few recent pay stubs is enough, particularly if they show year to date income.

You have now disclosed a much more critical issue to deal with. You must find out the precise immigration status of your fiancee. It sounds like she had conditional permanent residence. This could muddy a lot of waters but for the moment, I would stop worrying about sponsorship and start devising a plan to keep her in the US. First step is to determine her current status. The K1 forum is not the place to get help with that and I'm not versed on those issues.

so even pay stubs for a month or 2?

and you are sure I do not need to fill out the bank part?

it was a few years ago when she was married and she had left america back to japan.

she came back on some type of temporary thing, a tourist visa i believe

If she is in the US and you marry her you can adjust status, by doing AOS. Read the AOS guides to find out more.

what is AOS and where do i find the guides?

...adjust status?

she never had "Permanent" residence yet they werent married long enough

fiancee is in america right now with some type of temporary visa, she has to leave in like a month I believe.

she actually had a visa through marriage but was the victem of domestic violence and left the state. the man kept

her greencard telling her it was his "duty" ..i dont know i didnt understand the whole storey.

long storey short she lost that greencard i think.

You had better get the whole story ASAP. If she has a greencard then the temporary visa is moot and she has no requirement to LEAVE!!!!

i think her greencard got taken away she said that the guy she married divorced her and sent the green card back

whatever happend she says she doesnt have a green card anymore just some temporary thing

Well instead of having her leave

and waiting and all the uncertainty with the things you described about taxes , why not get married to her now, and then she wont have to leave, and can stay with you, and then for the AOS you will be making enough

what do you mean she wont have to leave?

if i cant prove sufficient income what will marriage do?

i read the link, i do not support any of the people here, actually I do not even need to pay a rent here.

i pay for my food and gas

So, then if you make at least the 125% poverty level from the chart for a household of two, you'll be able to complete the I-134 in January with an employer letter and pay stubs showing you've been making plenty of money for several months. That should be sufficient. You don't need to bother filling out information about your bank account. Just file the petition and supporting documents and deal with the support issue when the time comes. You do not file an affidavit of support with the I-129F petition. You send it to your fiancee after the case gets to the Consulate.

fiancee is in america right now with some type of temporary visa, she has to leave in like a month I believe.

she actually had a visa through marriage but was the victem of domestic violence and left the state. the man kept

her greencard telling her it was his "duty" ..i dont know i didnt understand the whole storey.

long storey short she lost that greencard i think.

ok so one question about that is how many pay stubs for how many months do i need? because I only have pay stubs for maybe the past 2 months and also from a few months last year.

i read the link, i do not support any of the people here, actually I do not even need to pay a rent here.

i pay for my food and gas

the part in providing evidence of income i have a question about

"Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

my account was opened maybe 1 or 2 weeks ago actually..

2. Total amount deposited for the past year;

total amount is probably only around 2,000

3. Present balance.

present balance is near 1000

is this going to make me unable?

how many months of records do i need?

must i wait a full year?

I would say, that it is not legal. Don't you know anyone that can be the co-sponsor, that meets the poverty guidline, without offering them money to do so?

i wish i knew someone, I am pretty much a loner. and my closest family has financial trouble

by the way how do you find out if you meet the poverty guidline?

a lawyer told me I had to be making 22,000$ for the last 3 years with tax records to prove

The lawyer is wrong. If you can provide evidence that your current income is sufficient, then you qualify to sponsor your fiance(e). It's good to provide three years tax returns but not required unless you are self employed. Even then, there may be ways around it.

Start by reading the instructions for the I-134 affidavit of support, then come back with any specific questions. The income requirement depends on how many people are in your household and your State of residence. See here:

http://travel.state.gov/visa/immigrants/info/info_1327.html

happy i came to this forum that goes to show you not to take 1 opinion even if hes considered a professional

so if i just show some pay checks with my charts of hours worked i will qualify?

You still have to show at least one year's tax return. Did you file taxes for this past year. If so, and your income meets at least the 100% guidelines (for the I-134 which is what is needed for the K-1) you should be fine. You will also need a letter from your current employer stating your position, length of time w/ the company and your current salary, and probably some copies of paychecks.

As was suggested, read up on the instructions for filling out the I-134 form....and let us know any specific questions you may have.

Good luck!

-P

You must show a tax return or the IRS regulation that exempted you from filing. For instance, if your income was below the minimum filing requirement, that's reason not to file. You do not need to show you made enough money during the last tax year. You must provide sufficient evidence of enough current income. The OP hasn't filed the petition yet. The affidavit of support comes later, probably in 2008 when 2007 tax return can be included.

so what does this all mean? do I qualify?

also I live in my families 4 bedroom house with 3 people using 2 of the rooms

I'm saying you probably qualify. Let's take a look at the whole picture. Are you responsible for supporting any of the other people living in the house? Did you look at the income requirements using the link I gave you?

Please stop starting new threads about your sponsorship. It just clutters the board.

sorry for starting threads i have never used a message forum before.

it says on the I-134 form that if i fail to do so she will be removed from america?

does that mean and can never return?

how can i make sure i qualify?

the part in providing evidence of income i have a question about

"Statement from an officer of the bank or other financial institutions where you have deposits, identifying the following details regarding your account:

1. Date account opened;

my account was opened maybe 1 or 2 weeks ago actually..

2. Total amount deposited for the past year;

total amount is probably only around 2,000

3. Present balance.

present balance is near 1000

is this going to make me unable?

how many months of records do i need?

must i wait a full year?

I would say, that it is not legal. Don't you know anyone that can be the co-sponsor, that meets the poverty guidline, without offering them money to do so?

i wish i knew someone, I am pretty much a loner. and my closest family has financial trouble

by the way how do you find out if you meet the poverty guidline?

a lawyer told me I had to be making 22,000$ for the last 3 years with tax records to prove

The lawyer is wrong. If you can provide evidence that your current income is sufficient, then you qualify to sponsor your fiance(e). It's good to provide three years tax returns but not required unless you are self employed. Even then, there may be ways around it.

Start by reading the instructions for the I-134 affidavit of support, then come back with any specific questions. The income requirement depends on how many people are in your household and your State of residence. See here:

http://travel.state.gov/visa/immigrants/info/info_1327.html

happy i came to this forum that goes to show you not to take 1 opinion even if hes considered a professional

so if i just show some pay checks with my charts of hours worked i will qualify?

You still have to show at least one year's tax return. Did you file taxes for this past year. If so, and your income meets at least the 100% guidelines (for the I-134 which is what is needed for the K-1) you should be fine. You will also need a letter from your current employer stating your position, length of time w/ the company and your current salary, and probably some copies of paychecks.

As was suggested, read up on the instructions for filling out the I-134 form....and let us know any specific questions you may have.

Good luck!

-P

You must show a tax return or the IRS regulation that exempted you from filing. For instance, if your income was below the minimum filing requirement, that's reason not to file. You do not need to show you made enough money during the last tax year. You must provide sufficient evidence of enough current income. The OP hasn't filed the petition yet. The affidavit of support comes later, probably in 2008 when 2007 tax return can be included.

so what does this all mean? do I qualify?

also I live in my families 4 bedroom house with 3 people using 2 of the rooms

What if I did not work for 3 years ? I had alot of injuries around age 18 - 21

I am 22 now and back working, worked a couple months when I was 21

and was unable to work for awhile but now I am back at it.