Numerous K-1 Related Questions

[junkupshoopwhat 0]

Greetings VisaJourney! We once again return to seek your knowledge. We just received our NOA2, and are very excited to continue with the K-1 process. However, there are a handful of questions that we have about the remainder of the things we must do.

First set of questions are related to the I-134. My fiancée, the petitioner, is a student. She does not meet the financial requirements of the I-134, due to the fact that her schooling and current expenses are covered by her school funds. The work she does right now is for saving up for my move...and it does not meet the 125% that is needed for the form. So, we need a co-sponsor. The issue is, there is no one in the family she could ask, due to various reasons, and all the possible friends are currently not able to help, because they have to deal with things as well in their life.

Now, I know of a couple of individuals myself which could possibly sign the paper for me, but the problem is, I am not sure if they are eligible. I have three family members that have work visas to the States. One currently resides and (legally) works in the US, two of them reside in Canada but work (legally) in the States. Furthermore, a family friend of mine is a US citizen, but currently resides in Canada, and works in Canada.

Of these individuals, who could be my Affidavit of Support?

Any way I can get a non-US person, (Canadians to be specific) to support me?

Second set of questions is about travelling. I'm planning on flying down to my fiancée for Christmas. (First December without snow for me!)

Does my NOA2 affect me in any way when it comes to travelling in the States?

Also, since Detroit is much closer, and affordable, than taking a bus/train/fly from inside Canada, I am planning on going to the embassy in Montreal from there. However, I am not sure if I could return to Detroit without messing up my visa. It says that the Montreal embassy mails your passport with

the visa in it back to your address. So I would not have the passport on me, but I would (HOPEFULLY!) be approved for the visa.

Would entering the US, even without the passport, trigger my visa usage?

(I can't do this just yet, because I have a semester of school left which I need to finish before I get married and move to America :< )

Third set relates to me. I'm also a student. I do not work at the moment, since it is nearly impossible to get a job here, and I get my school fees and costs covered by my wonderful parents.

How would my lack of working affect my ability to obtain a K-1 Visa?

Also, I have a slight worry that my K-1 Visa would run out before I could finish my semester here.

Am I able to get an extension on it? Request an interview date at a later time?

What if I am out of the country for two weeks, (visiting my fiancee, to be specific) could I reschedule my interview date?

THANK YOU SO MUCH FOR BEARING WITH ME, AND READING ALL THAT! Any and all help will be appreciated!

(P.S. : Before the question arises, as to why can't my parents sign the paper, they are both Canadian citizens, not US. They each have Romanian, and one has Hungarian as well.

So they can not support me, according to my current knowledge. If someone points out a possibility though, for them to support me, that would be grand!)

Edited October 24, 2008 by junk

[Carlawarla 1]

Greetings VisaJourney! We once again return to seek your knowledge. We just received our NOA2, and are very excited to continue with the K-1 process. However, there are a handful of questions that we have about the remainder of the things we must do.

First set of questions are related to the I-134. My fiancée, the petitioner, is a student. She does not meet the financial requirements of the I-134, due to the fact that her schooling and current expenses are covered by her school funds. The work she does right now is for saving up for my move...and it does not meet the 125% that is needed for the form. So, we need a co-sponsor. The issue is, there is no one in the family she could ask, due to various reasons, and all the possible friends are currently not able to help, because they have to deal with things as well in their life.

Now, I know of a couple of individuals myself which could possibly sign the paper for me, but the problem is, I am not sure if they are eligible. I have three family members that have work visas to the States. One currently resides and (legally) works in the US, two of them reside in Canada but work (legally) in the States. Furthermore, a family friend of mine is a US citizen, but currently resides in Canada, and works in Canada.

Of these individuals, who could be my Affidavit of Support?

Any way I can get a non-US person, (Canadians to be specific) to support me?

Second set of questions is about travelling. I'm planning on flying down to my fiancée for Christmas. (First December without snow for me!)

Does my NOA2 affect me in any way when it comes to travelling in the States?

Also, since Detroit is much closer, and affordable, than taking a bus/train/fly from inside Canada, I am planning on going to the embassy in Montreal from there. However, I am not sure if I could return to Detroit without messing up my visa. It says that the Montreal embassy mails your passport with

the visa in it back to your address. So I would not have the passport on me, but I would (HOPEFULLY!) be approved for the visa.

Would entering the US, even without the passport, trigger my visa usage?

(I can't do this just yet, because I have a semester of school left which I need to finish before I get married and move to America :< )

Third set relates to me. I'm also a student. I do not work at the moment, since it is nearly impossible to get a job here, and I get my school fees and costs covered by my wonderful parents.

How would my lack of working affect my ability to obtain a K-1 Visa?

Also, I have a slight worry that my K-1 Visa would run out before I could finish my semester here.

Am I able to get an extension on it? Request an interview date at a later time?

What if I am out of the country for two weeks, (visiting my fiancee, to be specific) could I reschedule my interview date?

THANK YOU SO MUCH FOR BEARING WITH ME, AND READING ALL THAT! Any and all help will be appreciated!

(P.S. : Before the question arises, as to why can't my parents sign the paper, they are both Canadian citizens, not US. They each have Romanian, and one has Hungarian as well.

So they can not support me, according to my current knowledge. If someone points out a possibility though, for them to support me, that would be grand!)

Oh my, you've asked a lot of questions and I'll try to answer them if I can....

Firstly you need a co-sponsor that is a US citizen. They don't have to be family, or live with you, but they have to be a citizen. I really don't know if they can be used as a co-sponsor if they're a citizen, but are residing in Canada. Maybe someone else can drop by and answer that one!

The second set of questions is very confusing....

You can travel to the US for visiting while your petition is in progress as long as you bring plenty of proof of ties to Canada. A letter from your employer is the best proof, outlying your return to work date. Lease agreements, utility statements, home ownership documents...anything that will show, if asked the border officials that you have no intention of staying and not leaving the US.

Until you have your interview (whether it be in Montreal or Vancouver - depending on where you live in Canada), you won't have a visa in your passport, so that's not an issue. Are you maybe saying that you are going to visit with your g/f until your interview in Montreal? Remember you can't visit longer than 6 months in the US. If you haven't had your NOA2 yet, you might not be able to stay up until your interview. As well, you're going to need to have a medical and get other documentation prior to your interview, so you're going to have to return for that anyway.

Your employment status has nothing to do with your ability to get a K-1. Your fiances financial status does. That's why she needs to get a co-sponsor.

You don't mention when your schooling is done. If you get your NOA2 anytime now, you're still looking at an interview in Montreal in maybe 3 or 4 months? Remember, when you get your visa, you have up to 6 months to use it. After you activate it by crossing the border, then you have 90 days to get married, no matter when the visa ends. So, let's say your finished school in May or June...if your interview is in Montreal in say January or February, then you'd be cutting it very close.

There have been people that have asked the Consulate to not issue the visa until later, however I don't know if they change the date on it to later, or whether they still put it in your passport, with the date of your interview. If you get an interview, and then calculate 6 months from there, and you realize you won't have finished school by then, then you can reschedule your interview. You might wait another 3 or 4 months, but that can't be helped. I don't know where you are put on the que when that occurs.

Again...maybe someone can answer more about the US citizen and co-sponsorship question in terms of if they live in Canada. You might want to check out the Canada forum here. There are lots of us going through or having been through the same process and we can offer you lots of support and encouragment.

Here's the link:

http://www.visajourney.com/forums/index.php?showforum=93

Best of luck!

[junkupshoopwhat 0]

The second set of questions is very confusing....

You can travel to the US for visiting while your petition is in progress as long as you bring plenty of proof of ties to Canada. A letter from your employer is the best proof, outlying your return to work date. Lease agreements, utility statements, home ownership documents...anything that will show, if asked the border officials that you have no intention of staying and not leaving the US.

Until you have your interview (whether it be in Montreal or Vancouver - depending on where you live in Canada), you won't have a visa in your passport, so that's not an issue. Are you maybe saying that you are going to visit with your g/f until your interview in Montreal? Remember you can't visit longer than 6 months in the US. If you haven't had your NOA2 yet, you might not be able to stay up until your interview. As well, you're going to need to have a medical and get other documentation prior to your interview, so you're going to have to return for that anyway.

Hi Carlawarla! Thanks so much for the reply. Let me try to explain it better. I live in Windsor. Flying from the Windsor airport to Montreal would be extremely costly, and as a Windsorite, I'm trying to make every dollar count, so that is why I would prefer to fly to Montreal from Detroit. I know I could fly from DTW to YUL for the interview, but I do not know if I could have a return flight the same day...

As I read, the Montreal embassy mails your passport with your visa back to you. So I wouldn't enter the US with my passport, I would use my Canadian Citizenship Card. I don't know if this would trigger the usage of the visa, even without the passport, or the visa would only be activated once the passport is back in my possession, and I would cross the border with it. I do not want to accidentally use it before I actually intend to go.

As for your other question, my school is finished in June, I needed to improve some credits, and take some extras that will benefit me in the future. That is why it is important for me to know my options about shifting my interview date, or extending my visa's length.

[junkupshoopwhat 0]

This is Ashley.

We got our NOA2 this week, for clarification.

[Carlawarla 1]

The second set of questions is very confusing....

You can travel to the US for visiting while your petition is in progress as long as you bring plenty of proof of ties to Canada. A letter from your employer is the best proof, outlying your return to work date. Lease agreements, utility statements, home ownership documents...anything that will show, if asked the border officials that you have no intention of staying and not leaving the US.

Until you have your interview (whether it be in Montreal or Vancouver - depending on where you live in Canada), you won't have a visa in your passport, so that's not an issue. Are you maybe saying that you are going to visit with your g/f until your interview in Montreal? Remember you can't visit longer than 6 months in the US. If you haven't had your NOA2 yet, you might not be able to stay up until your interview. As well, you're going to need to have a medical and get other documentation prior to your interview, so you're going to have to return for that anyway.

Hi Carlawarla! Thanks so much for the reply. Let me try to explain it better. I live in Windsor. Flying from the Windsor airport to Montreal would be extremely costly, and as a Windsorite, I'm trying to make every dollar count, so that is why I would prefer to fly to Montreal from Detroit. I know I could fly from DTW to YUL for the interview, but I do not know if I could have a return flight the same day...

As I read, the Montreal embassy mails your passport with your visa back to you. So I wouldn't enter the US with my passport, I would use my Canadian Citizenship Card. I don't know if this would trigger the usage of the visa, even without the passport, or the visa would only be activated once the passport is back in my possession, and I would cross the border with it. I do not want to accidentally use it before I actually intend to go.

As for your other question, my school is finished in June, I needed to improve some credits, and take some extras that will benefit me in the future. That is why it is important for me to know my options about shifting my interview date, or extending my visa's length.

I'm still very confused. You want to visit at Christmas? Just make sure you bring ties to Canada. You're going to school...see if you can get a letter from the administration saying that you are in school, when break is over and when you're expected back. You have your NOA2, but who knows when your'e going to get an interview. When you fly down this time, you can use your passport. When you fly down at the time of the move, you can use your passport because the visa will be in your passport at that time.

If you're asking if you can visit and NOT use your visa AFTER you have your interview, and your passport has the visa in it...yes, use your citizenship card if you want to enter the US. But,you're going to have to travel by land because you have to have a passport to travel by air. Remember, when you fly you have to use a passport to get out of Canada. When you have your interview in Montreal, (probably not until next year!), you leave your passport with them. It usually gets back to you wherever you are in about a week. If during that week that you don't have the passport, you want to go to the US, go by land, and use your citizenship card.

Once you get your lpackage 3 from Montreal, when you send the checklist back, I would just request an interview say in April or after. This will allow you to have lots of time after visa issuance to move down as it's good for 6 months.

Hope this helps. Thanks Ashley for letting me know about the NOA2.

UGH...I have reread your original post, and I see what you mean now. You want to fly to your interview from Detroit, I see now...

Okay, well, that's okay I suppose, however you won't be able to return the same way, flying I mean, because you'll have to have your passport. So, if you want to fly one-way I suppose, and go by land on your return, or go to your home in Canada from Montreal that is okay as well. I don't see however how you're going to fly to Detroit, leave your passport with them, then return to Detroit without a passport.

Edited October 27, 2008 by Carlawarla

[Gemmie 142]

I'm also finishing school next June and expect my interview to be around March/April. That gives me plenty of time to have the visa in my passport in the 6 months allowed.

Can she visit you? It's much easier for the US citizen to travel than having to worry about getting through the border and when to use the passport/visa.

[junkupshoopwhat 0]

I'm also finishing school next June and expect my interview to be around March/April. That gives me plenty of time to have the visa in my passport in the 6 months allowed.

Can she visit you? It's much easier for the US citizen to travel than having to worry about getting through the border and when to use the passport/visa.

Are you talking about for Christmas? I cannot go to Canada. We own three cats and it would cost me thousands of dollars to visit him vs. the 500$ for him to visit me.