Lakontis

Will they let me through the border if I tell them I am intending to marry a US citizen but have not filed any petitions yet?

If yes, will I have to go back to Canada at some point to finish the CR-1 immigration process?

I will be marrying my love from US so we can live together in Texas (I am in Canada). We were thinking of doing the K-1 visa process but that might take almost a whole year before we can marry. I have quite a bit of money, and I can live in US with her for 180 days as Canadian visitor. So I I thought of another option, I am just not sure if it will work or if it's even legal. Notice that the preference of being with her soon is very important to me, we have been waiting for quite a while already.

First option:

1) File I-129F

2) After a couple of months go to live with her for 180 days (just a bit less than it takes for the petition and K-1 visa)

3) When the interview for K-1 is about to be ready, go back to Canada and receive the visa

4) Go back to US and finally marry

Second option:

1) Fly to US and marry (I won't lie to an officer, I will tell him that I am going to US with intention to marry, then apply for K-3 visa, thought I don't know if they will let me through then)

2) File I-130 and I-129F (I am not sure if the I-129F would be needed in this case)

3) Get K-3 visa??

4) Apply for AOS

I know someone immigrating north of the border and the process is similar for Canada.

Patience is needed for this, immigrations in either direction is NOT instant. You have an advantage over my situation, my wife lived on the other side of the world and her visiting the USA was NOT an option. In your case visiting during the visa process is not a problem.

Yeah, I keep forgetting that I really am in a better situation than most. Thanks for motivation

Hi, there is a girl that I want to marry. The problem is she is in Texas, US and I am in BC, Canada. We are planning to go through marriage process and live in US, but it seems like the process takes almost a year. So I am thinking that if it is MUCH easier (ie: if she can come here right away and live) for her to come here instead, we might consider that too. But again we both REALLY prefer living in US.

Sorry, I didn't have time to go through all the prior posts. I successfully filed a K1 with as a graduate student without a co-sponsor. Over the 3 years prior to applying for the K1 I had been in school and had money from a variety of sources: scholarships, fellowships, and loans. For the I-134 I included documentation for ALL of it as well as My financial aid award letters & statements. I did not have W2 forms, but my fellowship did require me to pay taxes, I copied that portion of my fellowship handbook and included my last 6 direct deposits (no pay stubs either for my fellowship). I included tax transcripts for the years I filed taxes, and the 1 that I did not I briefly explained why and a copy of the regulation citing why I was not required to file that year. My fellowship director was kind enough to write an "employer letter" for me briefly stating the amount of my taxable fellowship and length of my contract. I also included a letter from my bank stating the total amount of deposits into my account. Yes, that was a lot of document gathering and copying (and praying, I didn't have anyone willing to co-sponsor). But we went through the K1 without any issues. I submitted the same documentation for the I-864 with my hubby's AOS, again no problems. Approved without an interview.

If with all of this you find that you fiance is short on income, she can make up the shortfall by showing 3x that amount in assets. For example, if she is $1000 short she will need to show at least $3000 in assets (savings account, stock, etc.). If she doesn't have enough assets you could send her the cash to deposit in her account. (She would need to get a letter from the bank stating the balance, or a recent statement for you to take to you interview). Best of luck, be creative and document everything. No one cares about this more than you do!

That's good to know that assets and yearly income can add up.

Anyway, I just talked to her about all this and she said that her mom can be co-sponsor but she is not sure if she makes enough (she works as part-time bus driver). If not, she will ask her friend from church to help us with that. She lives in a very small town in Texas so basically everyone knows each other The priest is her closest friend and I think he probably makes more than 18k a year. She said her older sisters makes enough money, but she is hesitating to ask her, because they are not very close to each other.

Also I was thinking about something else for a very last resort option. If none of her relatives or friends work out for the co-sponsor, would it be possible to just find some random (well maybe not TOTALLY random) US citizen who meets the income requirements and ask him to fill out the petition for us in return for some cash (say a couple grand)? Would that be an option? Or would that even be legal?

I looked at the I-134 again and I couldn't find any section about a co-sponsor? Anyone know how we would file the form if she finds a co-sponsor?

sponsor and co-sponsor uses the same form, just fill out separately..

I am concerned about another thing: if she finds a co-sponsor, and say he makes 25000$ a year, but of course he spends all of it on living, would that work?

I looked at the I-134 again and I couldn't find any section about a co-sponsor? Anyone know how we would file the form if she finds a co-sponsor?

you can send in your petition now and use the few months it takes to process to find the co-sponsor. it's not needed until your interview which will be at the very least, 3 months, more likely 6-12 months from now

or IF possible, have your girl, find a job....

If she finds a job now, she won't even be making 18k a year. That's why she is going to college. Plus we would need to wait another year for tax return.

I think the co-sponsor option is the best (the only option pretty much).

But if that doesn't work, I heard that you can marry FIRST, then use K-3 visa to immigrate to US, would that be any better?

And if that doesn't work, then we will have to settle in Canada.

The sponsor isn't a name that you put on a form. The sponsor must submit tax documents, etc. for the K visa. So they must be a willing participant.

Also, a sponsor will have to submit an I-864 affidavit of support for the AOS (adjustment of status) after marriage.

Have you been able to do some reading here on VJ to familiarize yourself with the process? The Guides (tab at the top of the page) give a great roadmap.

Yeah I know all about the process. But our problem is that we didn't realize that she will need to be able to support me. We were planning it more like, that we will marry and live together and start a new life.

It seems like the bottleneck here is that she needs to find a co-sponsor. But does that mean that I can't do anything but sit on my hands and hope that she will find someone who has the needed income and is willing to participate?

"Is your goal to immigrate to the US and marry your fiancee or just live with her??"

"I want to live with her. And we both want to live in US, not Canada"

doesn't seem like anyone has mentioned this yet, but you said that you want to move to the US and live with her. are you aware that the K-1 visa is a fiance visa? once you enter the country with the visa you will have to marry her within 90 days or else you will be out of status.

By saying that I want to live with her I implied that we will get married because that's the only way for me to get permanent resident status there.

OK, well she can't be the sponsor herself nor her immediate family, she lives with her mom and younger sister and her mom doesn't have a job. But she has quite a few other relatives she told me about, I guess she can put one or some of then as co-sponsor. Is that my best and only bet?

Is it an option for me to send her money (say around 10-20k)? So she will be able to put on the I-134 that she has 20000$ in her bank which should be efficient to prove that we won't become a public charge.

OK, then we are kind of stuck. I will do all it takes to be with her. If the K-1 visa requires that I-134, then I will not be able to get it. Is there any way at all other than K-1 visa?

I-134 is a requirement there is no way to bypass this...

Someone already mentioned in this topic that I-134 MAY be required for K-1. It was YuAndDan

OK, then we are kind of stuck. I will do all it takes to be with her. If the K-1 visa requires that I-134, then I will not be able to get it. Is there any way at all other than K-1 visa?

I sponsored my wife. And in our case the embassy required an I-134.

Regardless of the form, the sponsorship income requirement is the same everywhere. For two people it is $18,212 annual income.

Can my income be used to add up to hers?

For you to immigrate legally to the US you need someone to petition for you. The petitioner is always the primary sponsor. If the petitioner does not have sufficient income a co/joint sponsor can be used.(there are a couple of exceptions, but Canada isn't one of them) If you come via marriage to your fiancee then she will be the petitioner.

In your situation who was the sponsor? Did you have to file the I-134? And did the sponsor meet the income requirements?

You posted this to the K-1 forum which has to do with filing an I-129F, I-134 is NOT required whe filing the I-129F, is MAY be required when interviewing for the visa.

Some consulates do not require I-134, WHAT consulate will you be dealing with??? Profile details help get a CORRECT answer, filling in profile details BEFORE you start posting questions is GREATLY appreciated.

http://www.visajourney.com/forums/index.ph...rCP&CODE=01

Moving this to the the consulate embassy forum because I-134 is required only at this stage.

I will be using US consulate in Vancouver

Are we going to need to fill up the I-134 to marry and live together? I am concerned because she is a college student and doesn't have any income, just the grants and student loan. And it seems like the I-134 requires that the sponsor (she is the sponsor, US citizen, I am from Canada) has like 40000 annual income or something like that which of course she doesn't. But I have 5500$ saved and I will get a job when I come there, so I am sure we will be fine.

I-134 is only important if you want to get an approved visa. Other than that, dont worry about it.

But I do need the visa to live with her in US, don't I?

Is your goal to immigrate to the US and marry your fiancee or just live with her??

I want to live with her. And we both want to live in US, not Canada

Are we going to need to fill up the I-134 to marry and live together? I am concerned because she is a college student and doesn't have any income, just the grants and student loan. And it seems like the I-134 requires that the sponsor (she is the sponsor, US citizen, I am from Canada) has like 40000 annual income or something like that which of course she doesn't. But I have 5500$ saved and I will get a job when I come there, so I am sure we will be fine.

I-134 is only important if you want to get an approved visa. Other than that, dont worry about it.

But I do need the visa to live with her in US, don't I?

LOL, that statement is to show the importance of the I-134 form,

yes, you will need a VISA to enter the US.

you need to read the guides and study the process because you seemed lost...

I am not lost, I am just frustrated because she does not have any income, she is a student. Does that mean we can't be together?

hey, don't blame her for not having income and for being a student, this is how people begin life.....

I mean I am frustrated because the bureaucracy requires that she would sponsor me. I don't see how that logic works.

Are we going to need to fill up the I-134 to marry and live together? I am concerned because she is a college student and doesn't have any income, just the grants and student loan. And it seems like the I-134 requires that the sponsor (she is the sponsor, US citizen, I am from Canada) has like 40000 annual income or something like that which of course she doesn't. But I have 5500$ saved and I will get a job when I come there, so I am sure we will be fine.

I-134 is only important if you want to get an approved visa. Other than that, dont worry about it.

But I do need the visa to live with her in US, don't I?

LOL, that statement is to show the importance of the I-134 form,

yes, you will need a VISA to enter the US.

you need to read the guides and study the process because you seemed lost...

I am not lost, I am just frustrated because she does not have any income, she is a student. Does that mean we can't be together?

Are we going to need to fill up the I-134 to marry and live together? I am concerned because she is a college student and doesn't have any income, just the grants and student loan. And it seems like the I-134 requires that the sponsor (she is the sponsor, US citizen, I am from Canada) has like 40000 annual income or something like that which of course she doesn't. But I have 5500$ saved and I will get a job when I come there, so I am sure we will be fine.

I-134 is only important if you want to get an approved visa. Other than that, dont worry about it.

But I do need the visa to live with her in US, don't I?

Are we going to need to fill up the I-134 to marry and live together? I am concerned because she is a college student and doesn't have any income, just the grants and student loan. And it seems like the I-134 requires that the sponsor (she is the sponsor, US citizen, I am from Canada) has like 40000 annual income or something like that which of course she doesn't. But I have 5500$ saved and I will get a job when I come there, so I am sure we will be fine.