K-1 Petition Getting Started

[Skye88 0]

Hello, please call me Skye. I'm planning to file the K-1 petition for my fiance in the U.K. I have a few questions about it before I make all the notes in my packet final. I've tried to look for specific answers on this part but I have had no luck, so I am sorry if this causes any of you to repeat yourselves. Any help is soooooo appreciated!

First: This is a bigger overall question. If the petition goes through and he gets his visa, travels over and marries me, is he a conditional permanent resident or does he have to return to the U.K. after the 90 days are up? If that is the case, does immediately filing for AOS allow for him to remain here in the U.S. with me?

Second: This one is specifically about a question on the petition. Question 20 in Part B asks "Your fiance(e) will apply for a visa abroad at the American embassy or consulate at:" What exactly am I to write in this section? Is this the embassy/consulate I'm filing this petition to? Is this the embassy/consulate he picks up his visa at? I'm just a little confused on what I need to put here.

Final Question: I know that in later interviews they question the petitioner about their income and current occupancy. What if the petitioner is a student and/or only works part time? Do I need to get a co-sponsor that make a sufficient amount of money per year in order to make sure they accept my fiance? If so, and I'm sorry this is getting so long, do we have to do any paper work to have an official co-sponsor?

Thanks so much for any help and all of the time you put in to reading and answering me! I just want to get all my eggs in one basket before I make any specific decisions about this entire process. You're help is much much MUCH appreciated!

[JlovesA 109]

Hello, please call me Skye. I'm planning to file the K-1 petition for my fiance in the U.K. I have a few questions about it before I make all the notes in my packet final. I've tried to look for specific answers on this part but I have had no luck, so I am sorry if this causes any of you to repeat yourselves. Any help is soooooo appreciated!

First: This is a bigger overall question. If the petition goes through and he gets his visa, travels over and marries me, is he a conditional permanent resident or does he have to return to the U.K. after the 90 days are up? If that is the case, does immediately filing for AOS allow for him to remain here in the U.S. with me?

I believe you are correct in that he is a conditional permanent resident. Your fiance should remain in the US until the advance parole is approved or he has received his green card. It is your choice whether to file for advance parole, it's something you do with the AOS. If he leaves before AP or green card, he will probably not be let back in. The K1 is good for 1 entry and should he leave before the AOS is approved, it is extremely difficult to be let back into the USA. If you were to not get married in the 90 days, he would be out of status but generally it is not an issue as long as you get the AOS in tout suite.

Second: This one is specifically about a question on the petition. Question 20 in Part B asks "Your fiance(e) will apply for a visa abroad at the American embassy or consulate at:" What exactly am I to write in this section? Is this the embassy/consulate I'm filing this petition to? Is this the embassy/consulate he picks up his visa at? I'm just a little confused on what I need to put here.

This is where he actually applies for the visa. You are sending the petition into USCIS, but he has to apply for the visa in person at the consulate/embassy. I believe for the UK the only embassy/consulate is in London. Here is the link to the London embassy info page here on VJ: <A class=bbc_url title="External link" href="http://www.visajourn...php?ctry=United" rel="nofollow external">

Final Question: I know that in later interviews they question the petitioner about their income and current occupancy. What if the petitioner is a student and/or only works part time? Do I need to get a co-sponsor that make a sufficient amount of money per year in order to make sure they accept my fiance? If so, and I'm sorry this is getting so long, do we have to do any paper work to have an official co-sponsor? Yes, if you are not making 125% of the poverty level for the amount of people who will be living in your home, you will need a co-sponser. There is info on that in the guides. Here is the link:

Thanks so much for any help and all of the time you put in to reading and answering me! I just want to get all my eggs in one basket before I make any specific decisions about this entire process. You're help is much much MUCH appreciated!

Edited July 8, 2010 by JlovesA

[VolimTe 0]

i am a student too in college, and i work part time 30-32 hrs per week, and i was just wondering which form should i file I-134, my brother will be a co-sponsor and we will live in the same household, do we need separate aff. of support??? and i recently got a job so i do not have taxes from this job..., i only have taxes from 2008 ( my old job).. but that was also a badddddd part time job....they barely gave me any hours..so any help?? i would appreciate it

[Skye88 0]

Thank you for the info, JlovesA! It is much appreciated! I'll get started on getting all my packet together now that I know all I needed to know! Take care.