Totally confused!

[Lisaandtim 0]

Okay I am totally confused now on this immigration process, if even that's what you would call it. I'll start off with my story, or, short, condensed version of it lol. I met my Tim on an online game and we met and he proposed. We were supposed to meet in Hawaii but I am unable to fly due to health reasons (but I was willing to do it anyways lol) but my mom got sick with lung cancer so he decided to come here to the US and stay with us as soon as he can, which was in july. And now the paperwork begins. I am 24 and he is 19. I found the form Petition for alien fiance (I-129F) but my mom said I should call to make sure. First, they said no you can do some other forms (I forget what they were exactly) and get married now and such. So we went and got our marriage certificate. Then we wanted to make sure he wouldnt get sent back to NZ when he came back to marry me and this person said we needed to do the I-129F. I about cried. I called to double check the next day and sure enough we had to. And we got the "well you better get on it because it can take awhile and you may need a new marriage certificate." Thanks, like I didn't already know that. >.< So now I'm trying to do all this before he leaves on thursday and go to my accelerated degree program. Could I pick a worse time to go back to school?!

The question I have regards all of the forms I'm going to have to fill out. I am doing the I-129F and the biographical information ones. Now I'm reading that there's another form on if I can financially support him and I'm freaking out because I'm on social security disability. And live with my mom, who has cancer. Does anyone know anything about this form? Will it not work because I don't make enough? And are these even the right forms?

[Ju&Ja 1]

Okay I am totally confused now on this immigration process, if even that's what you would call it. I'll start off with my story, or, short, condensed version of it lol. I met my Tim on an online game and we met and he proposed. We were supposed to meet in Hawaii but I am unable to fly due to health reasons (but I was willing to do it anyways lol) but my mom got sick with lung cancer so he decided to come here to the US and stay with us as soon as he can, which was in july. And now the paperwork begins. I am 24 and he is 19. I found the form Petition for alien fiance (I-129F) but my mom said I should call to make sure. First, they said no you can do some other forms (I forget what they were exactly) and get married now and such. So we went and got our marriage certificate. Then we wanted to make sure he wouldnt get sent back to NZ when he came back to marry me and this person said we needed to do the I-129F. I about cried. I called to double check the next day and sure enough we had to. And we got the "well you better get on it because it can take awhile and you may need a new marriage certificate." Thanks, like I didn't already know that. >.< So now I'm trying to do all this before he leaves on thursday and go to my accelerated degree program. Could I pick a worse time to go back to school?!

The question I have regards all of the forms I'm going to have to fill out. I am doing the I-129F and the biographical information ones. Now I'm reading that there's another form on if I can financially support him and I'm freaking out because I'm on social security disability. And live with my mom, who has cancer. Does anyone know anything about this form? Will it not work because I don't make enough? And are these even the right forms?

Ok, I don't really understand all your story about marriage certificate and stuff... But, the form you are talking about at the end, the financially support is called "Affidavit of support". This is one of the most important document for the immigration. You have to prove to your government that your fiancé won't be a charge for them. You have to prove to your government that you have enough money for both of you (permanent work, stocks etc...). If you think that you don't have enough money you will have to find a co-sponsor or they will never approve your case

[gwenneh 7]

By "marriage certificate", I assume you mean "marriage license"? They are two very different things - a certificate is proof of your marriage and is issued when you are married.

If he is not currently in the country now and is coming to live with you permanently, then yes, he needs the proper visa, called a K-1 visa.

The guides at the top have a step by step outline of the process, which is essentially that:

-You petition for him to apply. This is where the form I-129F is used. If that is approved, then:

-The information is forwarded to the US Consulate in NZ

-He will be invited to apply. This is called "packet 3".

-He will take a medical exam.

-He will attend an in-person interview, where they will approve, deny, or ask for more information.

Yes, your financial situation will affect your ability to get the visa. You must be making 125% of the poverty guideline for your household size. You can use someone to co-sponsor you if there is a financial shortfall, this is pretty common.

The process takes at best several months from start to finish.

[Ana&D 0]

A good place to start is VJ guides here: Click Herethey explain every step of the way along with docs that will be needed.

[KimandRuss 0]

Welcome to VJ. First, do yourself a favor and read the K1 GUIDE and flowchart. Then come visit us in the New Zealand regional thread. Read through old posts and you will learn a lot.

If your fiance is here and you marry and it is proven that he entered the Country with the intent to marry AND STAY he can incur a ban. This is most likely why it was suggested to you that you file for a K1. In most cases, the K1 (fiance visa) is quicker than a spousal visa. Right now anyway.

When considering the I-134, most Consulates use the standards set by the I-864 (this is the affidavit of support filed at AOS...adjustment of status -after you are married-). You will find New Zealand Consulate (in Auckland, btw) doesn't care much about co-sponsors although you will probably want to have one lined up anyway as you will need him/her once you're fiance is in the U.S and you file for adjustment of status. This person(s) does not have to be family. They need to fill in all the same paperwork as you and include tax transcripts showing they can support your fiance so he does not become a public charge to the US.

It looks daunting and there is loads of paperwork (you can also find example forms in a link at the top) but you have found an invaluable tool in VJ, the information above and all of it's members. Soon you will be waiting like a lot of us, which is the most difficult part... keep busy, communicate as much as you can and remember.... there is gold at the end of the rainbow.

good luck

Edited September 23, 2008 by KimandRuss