Ealenon

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.

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.

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.

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!