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natashaeco

If I am unemployed can I still file for my fiance?

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Filed: K-1 Visa Country: Brazil
Timeline

This is my first post here and still pretty confused on all the paperwork. So my situation is that I am an American citizen and I met my Brazilian fiance abroad(in Asia) while I was working for one year. My work contract finished and I decided to travel with him while he worked for a few months. His work contract finished and now we came back to his home country, Brazil and I would like to file for his fiance visa so we can go back to the US and start our married life together.

My fiance has a business here in Brazil and I am not currently working since Im on a tourist visa. I dont want to spend months apart waiting for his American visa to go through. I have been told I can file everything via snail mail but when I started to fill out the applications today I see that they ask for my address in the US and my employer, which obviously I dont have right now because I am a tourist in Brazil.

I have seen some information about getting one of my parents to also file the petition with me but my parents are retired and dont have documented large incomes. My fiance does have documented proof that his business can provide enough income for us both to live in the US until we both find work. But does his income matter at all because I dont see anything in the paperwork asking about his income, only about mine?

Also, for the address they are asking for in the US, is it better if I put my parents address in Illinois(we plan to move to Los Angeles where I used to reside) or should i put down a friends address in LA ?

Sorry if this is unorganized but as I said I am pretty confused. Please Help!

THANKS!

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Filed: AOS (pnd) Country: Colombia
Timeline

For the petition itself, it does not matter if you are employed. The address they ask for is one you should use that you would receive your notifications from USCIS. You can use your parent's address, or whatever address you feel is better that you would be able to receive your notifications. First step, read the guides to help you understand the process better. There are actually different 'stages' of the process. The first step is to file your petition for alien fiance, the form I-129f. Only you can fill this out, not your parents. The part where financial support comes in, is during the interview stage. Your unemployment is still no issue as you can use a co-sponsor (provided Brazil allows co-sponsors). This is where you can use help from someone else, such as your parents as you indicated. The income of your fiance will not even be considered unless possible that income would continue when he is here in the US.

Hope it helps to clear up the confusion, the best thing to do is start by reading the guides, look at example forms, etc. Good luck!

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