Schroeky

I am from the UK, I have been married on a K1 visa for sixteen months, my husband and I are tentatively talking about a move to Europe. How long will we have to wait to do this without compromising my American visa status?

I am presuming I would have to be a citizen which will mean I have to stick around for at least five years.

Will he have more rights as my husband if we move to Europe or will he have to undergo a similarly expensive and time consuming process?

Sorry, I'm really just at the beginning of my research, any advice would be much appreciated.

Thank you!

Do your in-laws know that you cannot claim means-tested benefits until you've been an LPR for 5 years? At which time you could claim USC and their obligation will end? Do they know you are eligible for USC after 3 years of marriage and that their obligations will end at that time? Did they actually get their lawyers to show them case law showing instances where the immigrants successfully sued a CO-sponsor?

The possibility is there, it's happened before, but in the cases I've seen (maybe 2 of them) it was in divorce court where the judge mistakenly thought it could also be used as spousal support so it was the spouse that was sued, NOT the co-sponsor. If they're going to spend the money on lawyers, they should spend money on a GOOD immigration attorney.

All that said though... being a co-sponsor ISN'T a small thing and while it sucks that they don't want to, they don't HAVE to either and it's an incredible amount of pressure you're putting them under. It sounds to me like they WANT to help, but they're very very worried. I would try and find another way.

My OTHER idea is assets ARE allowed to be used. So instead of a cash gift, they should buy your husband something that is worth the 3 times of income difference he is lacking. That should work... I don't know if there's a length of time owning an asset though that is required though. That would be my choice if you really had NO choice.

This is fascinating, I haven't really done enough research into how I would even claim welfare- I suppose showing my parents in law how hard it would be for me to even claim this welfare, and show them straight away how I am sending off the forms for citizenship and go for that as fast as I possibly can, thus freeing them of their obligation.

This LPR thing could be a real asset to the timeline I'm laying out.

Hello!

This my last post on this topic, I promise!

Thank you everybody for your advice, sorry about my blow-out.

I have come to a conclusion that I am going to try and work it out without Kyle's parents. Our options are for Kyle to quit school (which his parents would HATE) for now and get more hours to bring him up to the poverty line, to ask a friend of his if he would sign it, or finally to look in to going back to England (which his parents would HATE even MORE!).

Kyle's parents have been as supportive as they feel able to be at this point, and that is fine. They have spoken to some terrible attorneys and spent thousands of dollars on poor advice. They want very much to gift Kyle this money- but I would rather not accept that.

It seems to me it would just be a red flag to the government, and I'd rather do it right the first time than risk complications or refusal.

I should have checked they were on board, often people seem to be listening or willing when they aren't. To anybody about to come over, that needs a co-sponsor, outline it with absolutely clarity before you take the plunge.

I thought by getting an internship as soon as I got here and generally being a helpful and articulate person his parents would trust my husband and me enough to sign the paperwork, but that affidavit is a scary document and sometimes no amount of carefully researched and clearly explained research and reasoning will persuade anybody to sign it.

Good luck to everyone!

This website is invaluable,

Thank you again!

Thank you everybody- a lot of this has been incredibly helpful and insightful, I appreciate your time and knowledge.

On the other hand...I don't think mildly patronising statements concerning the ridiculous correlation between adulthood and marriage should be applauded- I think we all know this is bureaucracy and theory and starting to chastise young people who are trying to build a life for themselves, and above all find legal employment, should be told off because they are naughty children who aren't 'ready' for marriage is sad.

I personally see marriage as paperwork, pure and simple, I am not proud to be married- I don't see it as an achievement. My wedding cost me $20. I just want to get a job, that is all- that really is all I want, to live with Kyle and get a job and come home to him every night and share a fridge.

Some people can tell me I'm naughty for not doing all my research properly, goodness knows I tried very very hard to cover every base, and I understand there will be monumental sacrifices- I just wanted some literal help concerning the issues raised.

I mean- dear lord, none of my other friends who are engaged or living together have ever had to justify themselves financially to the government, they are free to build their life however they see fit. These marriage visas are a ###### situation whichever way you look at it...

Sorry, I'm just emotional and exhausted.

Good advice.

Thank you everybody- a lot of this has been incredibly helpful and insightful, I appreciate your time and knowledge.

On the other hand...I don't think mildly patronising statements concerning the ridiculous correlation between adulthood and marriage should be applauded- I think we all know this is bureaucracy and theory and starting to chastise young people who are trying to build a life for themselves, and above all find legal employment, should be told off because they are naughty children who aren't 'ready' for marriage is sad.

I personally see marriage as paperwork, pure and simple, I am not proud to be married- I don't see it as an achievement. My wedding cost me $20. I just want to get a job, that is all- that really is all I want, to live with Kyle and get a job and come home to him every night and share a fridge.

Some people can tell me I'm naughty for not doing all my research properly, goodness knows I tried very very hard to cover every base, and I understand there will be monumental sacrifices- I just wanted some literal help concerning the issues raised.

I mean- dear lord, none of my other friends who are engaged or living together have ever had to justify themselves financially to the government, they are free to build their life however they see fit. These marriage visas are a ###### situation whichever way you look at it...

You have a basic misunderstanding about the affidavit of support. It's between the inlaws and the government. Your lawsuit would go nowhere.

I'm sorry I keep saying 'suing', I see it as my responsibility to claim government welfare and therefore I would be the one making the decision to put my in-laws in trouble.

I have also been informed that it is my responsibility to make the government aware that my co-sponsor isn't filling their financial obligations and that I could sue them for the outstanding amounts (If I possessed absolutely no moral grounding whatsoever!)

They are not talking to knowledgable immigration attorneys.

There are a number of flaws with this plan which could backfire badly. Remember that USCIS has TWO overwhelming considerations...

1. That you do not become a public charge and collect welfare

2. That you are not defrauding the immigration system and "jumping the line" so to speak with a preferred visa.

That said,

1. They do not have to consider all assets and cash is one they often will not consider. Cash can go away as quickly as it came leaving the government with no collateral, so to speak. One could say the same of houses, cars, etc. So much easier with cash and an ATM card

2. USCIS now has your whole interview package, you gave it to them at the POE and guess what? Your husband did not have $55,000 in his account and NOW, after you arrive he has magically received $55,000. Hmmm. Coul dit be someone paid him to marry you so you could come here? It happens and it is one of the "red flags" they look for.

3. I am guessing that his parents deposited the money in HIS account and he has a separate account and it is not the account you two share...could I be right about this? So your husband is going to show his assets which include a joint account with you with virtually NO money and a single account that $55,000 has suddenly appeared in and say that you have a genuine marriage relationship. Who thought of that brilliant plan?

4. No problem the parents will sign a "gift letter". The first thing frauds do is get all sorts of people to sign all sorts of stuff to explain their fraud as something other than fraud.

More problems...

You are trusting your immigration status to someone that doesn't trust you and your husband enough to sign an "affidavit of support" Personally, I would decline any offers of "help" and find someone else to sign.

I wish you the best of luck.

To others in the same situation, I strongly suggest you WAIT to do adult things like get married and bring foreign spouses until you are able to do so on your own like an adult. If you cannot be independent and do things on your own and are not prepared to tell the rest of the world to ####### off, then best to wait until you can.

They have not deposited the money yet- this is all at a theoretical stage. I wouldn't let them do it anyway, as it is obviously a flawed plan.

I do think that two young people who are very much devoted, intelligent, well educated and emotionally stable who have waited for two years to make this move, should perhaps be given the benefit of the doubt in this case. I am an adult, and so is my husband- in the WORST CASE scenario he could quit his job, I could sit around on my ####### and not look for a job, and we could claim welfare that his parents have to reimburse the government for. That simply isn't going to happen.

I love my husband, but marriage is something I would never have committed to if we were both in the same country at this stage in my life, it was unfortunately the only option that enabled us to live together on the same continent. Sometimes you have to fight for something in this fleeting life- I am lucky, Kyle's parents co-sponsored my I-129f petition and so I thought they were on board.

I got a first class degree, I worked hard for it, Kyle will get one too- but until I am able to get Employment authorisation and apply for jobs I fail to see how I can prove to anyone I will earn above the minimal poverty limits.

It is, in my opinion, on this occasion, a low risk 'leap of faith'- coming to this country has offered me virtually no benefits compared to what I had in England. If for some reason (reasons I fail to even imagine) I get to a stage in my life here where I cannot even earn enough money to eat and I have to ask the government for help- I will leave America and go back to England.

Hello again,

There has been some confusion and heartache over the I-864 within my husbands family, and whilst I am almost wholly sympathetic towards their concerns- I am also terrified by the amount of money they are spending on investigating the whole thing. Probably more now than the entire visa process alone.

In my eyes of course, it wouldn't have cost them a penny except the printing costs and it would be filed away and never considered again- I would get my EAD, get a job and work my way towards becoming a US citizen, freeing them as soon as possible from their obligations.

It is tricky- I would obviously never in a million years even begin considering suing them- I would never ordinarily consider asking my parents in law to sign anything but that's the way it rolls during the visa process! Awkward questions all round all the time!

They have consulted lawyers- who in my opinion have scared them more than necessary. I appreciate that from a lawyers point of view an affidavit would be insane to sign, because I am guilty until proven innocent- and if I was sadistic I could at some point sue them out of house and home.

Anyway, they aren't signing the affidavit, instead they have come up with a plan to dump $55,000 into my husbands account. Now, considering my husband earns about $750 a month (he is completing his degree and only works part time) this amount of money is going to look suspicious and merit some investigation.

Ultimately, will it work? I know we'll have to get documentation that it's a gift- but how long does this 'gift' have to be in my husbands account for? And won't the government see straight through it?

Thank you all for your replies, they have been thorough and helpful.

I do most definitely see how tricky the situation is for my parents in law, and how scary- I would never, ever- no matter how dire the circumstances even begin to consider suing them as an option, but there is no way I can prove that other than to not do it! I really wanted to have a contract written whereby I would somehow be beholden to pay them back or hold my own parents responsible, but of course this is pretty impossible.

It's a naughty thing to say I am sure, but I am a middle class, well educated kid with absolutely no record of deceit or any animosity towards my parents in law, my parents are wealthy and own numerous assets. As far as I am concerned this affidavit is lip service, and if there was ever a chance I would have to claim benefits for whatever reason, I would simply get a plane ticket back to England and start from square one.

I would absolutely no doubts at all do that before I considered suing them.

In regards to the first reply, I don't think I could've held up any longer mentally with the separation- it tears everyone apart, but the depression and anxiety I felt throughout the process was becoming increasingly damaging. I found a way to get here and I did it, my fiance didn't explain the AOS status portion of the visa to his parents. I tried to explain but through e-mail and coupled with me being tentative obviously the messages didn't actually get absorbed.

I personally find a lot of the visa process archaic and exhaustingly long-winded, the bureaucracy is almost enough to stamp out the love in the best relationship.

Hello,

I married my fiance a couple of weeks ago, I have been drawing up all the stuff to start my AOS. But my parents in law have had a sudden and violent freakout about the affidavit of support.

It's a humiliating situation as it is, having to ask them, but I just graduated and my husband is finishing with school in a few months so neither of us have the means to sponsor ourselves.

THIS is their idea-

They want to pay for me to get work authorisation immediately!! (as I understand this will expire when my visa expires in about six weeks)

they then want me to get a job and get some projected earnings.

They want my husband to add his projected (meagre) earnings to the sum

And then they want to put like $30,000 into his account to make up the rest.

They think, I get the impression that I might divorce Kyle and marry someone else and they will be left with the fees?!

I appreciate the affidavit is a big deal, and they are signing some scary stuff- but I need their help this one last time so I can get an EAD and I can start to form some semblance of my own life here by getting a job and a bank account and some basic human rights,

Does anyone know:

-How long they will really be responsible for me?

-How much this ###### happens? Are people who sign affidavits being ###### over all the time by people coming to marry their loved ones?

-The route they are suggesting is going to take FOREVER and isn't even guaranteed.

Apparently a lawyer has told her 'there is no way' she should be signing this affidavit.

Sorry to go on and on,

I am panicking and I am alone.

ANY advice would be so appreciated.

forgive my swearing...

I guess you already know this now... but until you get the medical done they won't arrange an interview date.

1-NOA2

2-Case number

3-Book medical

4-Wait for packet 3 (compile whilst waiting, I sent mine off before I actually got the packet 3 letter)

5-Have medical (this can come before you compile packet 3, just get it booked as soon as you get your case number, as long as you have you police cert. to take)

6-Once the embassy has your medical results (4-5 days from medical) and your packet 3 (takes about 1-2 weeks to process) they will set you an interview date, normally one month or a little bit longer from the time they have everything logged.

I sent off my packet 3 and had my medical the same day, everything was logged by two weeks later and they issued my interview for exactly a month later. You can find out your interview date sooner than the embassy sends out the letter by phoning the DOS, get your fiance to do this as it's an American number.

Good luck.

Hello!

Just a quick one- I sent off my DS-2001 last week with my packet 3. On this form it asks for the address you would like your appointment letter sent to. I have just moved house and so I put down my new address on the DS-2001.

Does this mean I don't have to call the embassy to inform them of my address alteration? apart from mailing the hopefully approved visa back to me after the interview, a situation I assume I will be able to specify an address for at the time, I can't forsee them using my address again- OR do you think it's better safe than sorry?

Thank you for any help.

Emma

Hello,

I just got my medical moved forward from the 28th of June to the 20th, it really is worth calling and checking if you have dead time. I have had all the documentation for the medical for a few days so I thought I'd just see if I could shave somemore time off. Turns out I could!

Hello!

I'm getting close to the exciting parts of this process (there aren't many) now- having thought I was totally sorted- I have queries...

I have two simple and I think probably quite stupid questions:

1-Will the DS-156/DS-156K forms come inside my packet three? Or is it my responsibility to print them off?

2- Although my fiance earns next to nothing and we will be relying on his Mother for co-sponsorship he still needs to fill in an affidavit too doesn't he? So I'll be taking two affidavits to the interview?

Thank you for your help!

Best of luck with your own journey!

Emma

Thank you,

It's a relatively new vaccine and it would seem absurd if it was already a requirement.

you've put my mind at rest!

Hello,

I have my medical booked for the 28th of June, I have most of my vaccinations sorted out- I am getting my tetanus boosted on Monday- do any women who have recently had a medical know if the HPV vaccine is required?! I see the fee is astronomically high and the vaccine is administered over a six month period so it seems unlikely it is needed. I haven't heard any mention of it.

THANK YOU FOR ANY INFO.

Thank you very much!

Hello,

Just a quick question!

I have been very lucky to have recieved my NOA2 just three months after I filed my I-129f, it has however left me less time than I was banking on to get myself together for the move...

I took part in a four month study abroad program in 2009 (where I met my fiance) and I recieved a social security number (which they told me to keep very safe), I didn't think much of it at the time! but now am I right in thinking it could mean I can apply for my EAD almost straight away upon arrival?

Thanks very much for any info,

Emma

Hello,

Just having one of my daily strolls around the net keeping myself familiar with all the Visa protocol,

I remain confused by when exactly I need to show a police certificate...

I assume it is to be taken to my interview with me?

I am the beneficiary and have only ever lived in the UK.

Thank you so much for any info,

Emma

Hello!

I am new here, I am 22, hoping to marry my American fiance by the end of the year. I have just mailed off all my forms for him to prepare the I-129F package.

On my G-325A I am worried about a couple of issues-

1- I haven't included my work history, it is so bitty and temporary that it seemed better to keep a clean slate and just say I've been a student, which I have. I'm just about to finish my Fine Art degree.

2- I put 'alien fiance' at the bottom instead of I-129F.

In relation to the first issue- am I being stupid? should I have put down every little job I've had over the years?

And the second issue, my fiance can just neatly write in I-129F underneath it I think, they aren't monsters at the USCIS offices...I don't think...

I just hope I've got everything else sorted, we are currently trying to persuade his parents to sign the I-134 Affidavit of support. I really hope they agree...

Thank you so much for any wisdom!

Emma.

Hello,

I am so sorry if this is in the wrong place.

I am currently working out how on earth to make my engagement to my American boyfriend work out. We have limited funds and only a short window in which to make the whole thing viable. So...my first of perhaps many questions...

Can I work before I am a permanent resident?

I am probably being stupid, but having seen that the permanent residency cost over $900 I had worked out (somehow! so much information) that I'd apply for that later and still be able to get a work permit?

Have I just gone into information overload and imagined this?

Thank you for any information.

Well i got two positive replies and a ... what ?

Thanks for the help here, I do hope that this does not become a problem.

Shipping my I-129F pack out tomorrow.

Now things can really start... waiting.

Well...I've written 'alien fiance' on mine! Whoops. I will ask my fiance to write I-129F underneath it when he recieves them. I am sure this will be okay, they are humans- they'll understand. It would be the most pedantic thing in the world if they sent it back. I think they make every effort to get things done the first time.