Need Some Information on K-1 Visa

[Matt<3Steph 0]

Ok so I was wonder the not only the costs but the time it would take to obtain a K-1 Visa, my girlfriend and I have been dating for 3 and 1/2 years. She is currently 19 and I am 21, we have visited each other twice a year for the last 3 years for a total of 6 times. If we go through the process of obtaining a K-1 visa what obstacles would stand in our way? We have about 4,000 dollars saved up between the both of us and I was wondering if she could come here while we wait for the NOA1 and NOA2 to process because I saw that they take awhile, and would it be quicker if she was here to fill out any paper work needed instead of having to send it by post? I don't want to be apart from her much longer that's why I really want her to come over and be here while we go through the visa steps together, rather than her to spend most of her time back in the UK. Any information is greatly appreciated. Thanks in Advance!

[Oksana & Max 94]

The K-1 Visa process is a lengthy process and you should prepare yourself for this wait.

Since you met each other you shouldn't have any obstacles on this part.

However there are few issues that I see right from the spot.

1. Your financial situation - are you working? Because you need to be able to show a proof of income when going for the visa interview or have someone who can sponsor your fiancee.

2. Unfortunately K-1 visa can only be done overseas, and she will have to go thru interview out in England. She can visit you here, but staying no, since she can't violate the imigration requirements on the stay which I believe is only 90 days, and after that she have to leave. You better off start your process, and get ready for a wait.

3. As far as paper work there are only several things you need from her: G-325A (no signature), Letter of Intent, and passport photo. Everything would need to be filled out prior to the interview.

Good luck on your journey.

[Casprd 167]

She can enter the country on a tourist visa although depending on her country of citizenship that can be difficult. If she can come on the VWP then it is much easier. There is no issue with her waiting out portions of the process with you here in the US and then returning home for the interview. You may also want to look at pursuing a CR-1 visa. She can come here and you can marry in the US, file the paperwork and she can stay for as long as CBP allowed her at entry and then return home for the medical and interview. Either way it takes about the same amount of time for a K-1 vs a CR-1 to process through USCIS and NVC. The difference being with a CR-1 she can get a conditional green card right away and the only additional step needed is removal of conditions after 2 years. With a K-1 you have to file for adjustment of status and pay additional fees before she can get her green card which means she can't work for quite a few months after she arrives.

Bottom line is from start to entry they are both about the same timeframe and roughly 9 or 10 months. From start to end, the CR-1 is much faster and cost wise the CR-1 is much less expensive from start to end. The fees have changed some be the total for ours was a little under $1000 if I remember correctly. About $400 to USCIS and just under $500 to NVC.

Never ever ever consider having her come here on a tourist visa or VWP and adjusting status. You might get away with it but immigration issues never go away and shortcutting the system will follow you forever.

[Harpa Timsah 13,258]

She can come and visit but she must leave when her tourist visa stay is over. Keep in mind that in addition to the K-1 fees, after you marry you must file for her permanent residency which is work and travel rights and it costs $1070.

[Operator 1,927]

Well you have met the requirements for having met a least once in the past two years. If you are both free and willing to marry that's the other requirement. You will need to meet the minimum income requirements or you will need to have a USC or LPR to co-sponsor. However that has to be shown at the embassy stage (or interview) so you have time to sort that out. My fiancée was here when we filled out the paperwork and it was helpful to get all the original signatures. During the process she can travel to the US either on a tourist visa or VWP but will be required to show that she is not intending to immigrate as always. It's a long and fairly expensive process so make sure you look at all the fee requirements, they are in the guides and on the USCIS website.

Good Luck!

[Matt<3Steph 0]

I am working, but I'm going to college as well, however I'm working 4 days a week, and I just became a registered pharmacy technician so I'm trying to get a better job doing that, what would be the minimum income requirements? If I need a co-sponsor, would my friend who is a cop be able to co-sign it for me? And I know you can extend the 90 days visiting visa, would we be able to do that even though we are applying for a K-1? She lives in England, and she left back there 4 days ago :/

Edited August 26, 2011 by Matt<3Steph

[Matt<3Steph 0]

I think the biggest problem right now would be the fact that I'm living at home still but I'm planning on moving out with in a month or 2. and on the 1-129F Petition you need to put where your fiance intends to live, can I just put where I live now and change it later or will that cause even more problems and just wait until I move out?

[bekam 0]

I feel your pain.. Im 21 and my fiance is 21. between us two right now we have about that much saved too. (we are also both in school and both have part time jobs). I know how difficult is it to want to be with your fiance while you wait, and be with them when you are filling out the papers. What we had to do is I kept going to Mexico (once in april, once in June) to see my fiance and we filled out papers together. now im back, and ive sent off the papers, and we are waiting... apart, and sad, and we miss eachother.. but that's life right now. we arlee "planning" to be together by, at least, May of next year. we really hope for sooner!!!

are yall both in school? i would say just be patient. itt, 's so hard, i know!! get the papers together, send out the k-1 petition, finish this school out (or whatever you're doing) SAVE some money, and she do the same.

when/if you do go to visit, make sure you sign papers together while youre there! (and the RIGHT ones. I went down to be with my fiance and came back having his signature on a stack of wrong papers, so he had to send me new ones by mail= delay of about 3 1/2 weeks. i felt like an moron!)

for her to come here to be with you and to do the paper work with you in the US she will need the tourist visa and everything... just more money for yall.

and yeah, obviously yall need a co sponsor, so do we (my fiance and I).that's not the end of the world.

i share your same pain.. im sure a lot of us do.

[Harpa Timsah 13,258]

And I know you can extend the 90 days visiting visa

You cannot extend the 90 days of the Visa Waiver Program. Only valid B-2 visa holders can apply to extend their stay. If your fiance overstays the 90 days, even by 1 day, then she can never use the Visa Waiver Program again.

[Operator 1,927]

I am working, but I'm going to college as well, however I'm working 4 days a week, and I just became a registered pharmacy technician so I'm trying to get a better job doing that, what would be the minimum income requirements? If I need a co-sponsor, would my friend who is a cop be able to co-sign it for me? And I know you can extend the 90 days visiting visa, would we be able to do that even though we are applying for a K-1? She lives in England, and she left back there 4 days ago :/

You need to earn 125% of the poverty level for your family size. If it's just you and her its a family of two. If you don't meet that requirement you will need a co-sponsor. The co-sponsor will need enough to meet the 125% of the poverty level for his/her family plus your family.

Poverty guidelines are here http://www.uscis.gov...form/i-864p.pdf

Someone please correct me if I'm wrong.

Edited August 26, 2011 by Operator

[Matt<3Steph 0]

Ok, so I'm going to need a co-sponsor before the interview, because unless I get a good pharmacy tech job I wont be making that much a year because of schooling, now is it our combined income needs to meet that much or just his income? Either way I believe he will make enough as a police officer ounce he gets done with his training hours. What's the big difference between the CR-1 and the K-1, Casprd mentioned it above.

[Operator 1,927]

Ok, so I'm going to need a co-sponsor before the interview, because unless I get a good pharmacy tech job I wont be making that much a year because of schooling, now is it our combined income needs to meet that much or just his income? Either way I believe he will make enough as a police officer ounce he gets done with his training hours. What's the big difference between the CR-1 and the K-1, Casprd mentioned it above.

Take your time and read the guides located at the very top of the frame. There is a ton of good information there. Both the CR-1 and K-1 are long processes and each have their own pros and cons. Everyone's situation is different and you need to decide which suits you the best. Take a deep breath and start to educate yourself then come to the forums to ask specific questions.

From my perspective the big difference between the two is that the CR-1 allows the beneficiary to begin working right away. To someone else the bigger difference may be the cost. It all depends on your situation.

[bigdog 376]

I think you need to read the guides some more both for K1 and AOS, to give you a better view of the whole process, Income, Job, sponsors, cost. These are all major factors with young people, It all depends on your particular situation. Good Luck.

[KayDeeCee 4,893]

Ok, so I'm going to need a co-sponsor before the interview, because unless I get a good pharmacy tech job I wont be making that much a year because of schooling, now is it our combined income needs to meet that much or just his income? Either way I believe he will make enough as a police officer ounce he gets done with his training hours. What's the big difference between the CR-1 and the K-1, Casprd mentioned it above.

Read about the different options here: http://www.visajourney.com/content/compare