eligibility for I-129 and/or k-1

[k1hopeful 0]

Daley is a British citizen and I am an American. We want to marry and reside in the USA. We are currently living in a camper van in Spain. Daley sold his house in September 07, which in turn gave him a savings of 50,000 pounds plus.

Neither of us have jobs or college degrees. I read somewhere that to be eligible for the I-129 petition, you must be 125% the poverty income. I am extremely insecure about being eligible for the I-129 petition because I am unemployed (and currently travelling abroad). Also, I feel I must note that I left NYU in May 2007 without finishing the semester and I a) failed the term and B) have thousands of dollars of debt in student loans. Does this effect the outcome of the I-129 petition for the K-1 and eventually for Daley´s greencard? Do I need to go back to the States to apply for this petition and do I need a job, and for how long? If I do happen to get the K-1, how certain is it that Daley´s status for Conditional Legal Permanent Resident will be approved? If it does not, how can we live together (either in the US or abroad)? I am very worried that we will not be able to be together because of these varying circumstances. Your guidance is much appreciated.

[gwenneh 7]

1. You need to have a current, US based address to file. A friend's address will do, as long as they can forward post to you!

2. You need to be currently employed and making at least 125% of the poverty guideline for your household size. If you are not, then you can still file as long as you have a co-sponsor - someone who meets these requirements and is willing to provide you with their financial information AND sign a contract agreeing to support the immigrant for 10 years OR 40 quarters of work.

3. Your amount of debt doesn't matter, I have thousands of dollars of defaulted student loan debt (er, we're working on that...) and it never affected either the K-1 process or the cr-1 process.

4. Nothing in life is certain, and the K-1 approval is separate from the approval that will make him a Conditional Permanent Resident. There will be more questions and more scrutiny of the financial situation, but again, if you have a co-sponsor you will be fine.

The Guides will help you decide whether to apply for a K-1 and marry in the US or whether to look for a way to marry in Spain (you won't be able to do it in the UK unless you're on a valid fiance visa) and file for a CR-1 directly. The K-1 is quicker, but the CR-1 means you don't have to file for adjustment of status, that Daley would get his green card issued a few weeks after entering the US.

There are other options, and having been through the UK visa process as well I can confirm that it's a lot quicker but he still has to show that he (or someone else) can support you - a caravan in Spain may not cut it. The rules are much more stringent now about support and housing for an intending immigrant...if you were to want to live abroad, first you would need to marry, then apply for a visa for whichever country you'd like to live in. As the spouse of an EU citizen, that's generally (and comparatively) pretty simple, but the issue of support will come up.

Good luck, whatever you decide!

[DavidsPrincess 1]

Well, I have read somewhere that UK citizens are able to sponsor themselves to immigrate, but maybe someone will come along who knows more about this. Because you are unemployed, you will not be able to sponsor him to come in. You can get a cosponsor such as a close relative or friend who makes enough to sponsor him fill out the I-134 too.

You do not have to be in the States to apply for the K-1. But, you will need an address to have the NOA1 & 2 mailed to.

[k1hopeful 0]

Thank you so very much for the help and for getting to us quickly.

I understand that the caravan will not cut it, but how about the fact that Daley has 50 grand to 70 grand in british pounds in his savings bank?

Also, having just seen your mention of the CR-1, is that a petition I would fill out if we married ABROAD and then planned to settle in the states soon after marrying?

One last question: If we plan to attack the K-1 option, do I fill out the I-129 as well as the I-134 (and have my co-sponsor fill this)? Or, does the I-129 get discarded in the case of a co sponsor?

Thank you again.

Caitlin

[gwenneh 7]

His savings might do the trick, but I am not conversant with self-sponsoring - someone else will have to come along and clarify that! It is *probably* enough to get you through, but i can't say for certain as I've always gone through the co-sponsor route.

yes, the CR-1 is for spouses. You do not have to marry abroad, just be married (you CAN marry in the US without a visa, he just can't STAY). As with most visas, it's valid for six months once it is issued (meaning it needs to be "activated" by entering the US) so you would have six months to wind up affairs in Spain or the UK before you would have to move to the US. Once you're in, this gets you a green card valid for two years without any additional filing.

For the K-1, you file the I-129F (along with a few other forms, check the K-1 flowchart in the guides). This is the petition to apply. It goes through the local service center based on where you file, where it is approved or denied. If approved, then it goes on to the National Visa Centre and then to the consulate in the UK. At that point, the beneficiary (Daley) is invited to actually apply for the visa. The I-134 is needed at the interview stage, it does not get sent in with the original paperwork.

It's a process of many steps, and the flowchart and guides will really give you a hand with understanding what goes to where and when!

Edited January 16, 2008 by Gwen666

[English Muffin 59]

I very recently self-sponsored through London and it was much easier than I expected it to be. £50,000-£70,000 should be more than enough.

Gillian