Few questions?

[sze2 0]

Hello and thanks for helping me out.

I'll just try to keep this short!

Firstly, is there an age limit for a US citizen to apply for the K1 visa/sponsor a noncitizen? Over 18 I'm sure but is there a specific age for those over 18 where they can't file?

Secondly, I'm actually a student in medical school, so I don't work. My parents pay for everything..do they have to send their tax return and co-sign/sponsor? They live overseas now, so they file the minimum as US residents. I don't know what that is [the minimum amount of taxes], but I have a feeling this piece of information may hurt? Can anyone elaborate for my situation? Before they moved overseas, they were in the upper bracket of taxes (40% or more) but I don't think the USCIS asks for previous tax returns, right, just the last year's?

Thirdly, does someone need to be physically in the USA to file the petition?

Also, this is just kind of for opinion, if a noncitizen was married overseas to a citizen and said noncitizen came to the US to visit the citizen and wanted to work there, etc, is the marriage visa the only way to come in? Noncitizen can't come in on a work visa or on a visit visa and change their status? They are already married so it's not like false intentions (ie coming in on a visit visa to get married, which I understand is illegal)

Thanks a lot and sorry for anyone who has to repeat information (don't mean to annoy )

Edited October 12, 2008 by sze2

[Laura+Tom 2]

Over 18 is ok to file. Not sure about the co-sponsor only that you will need one (doesn't have to be parents). No you do not physically need to be in the US but you will need to prove US domicile. BTW if it's you that is married you can't apply for a K-1.

[Rocky_nBullwinkle 6]

Hello and thanks for helping me out.

I'll just try to keep this short!

Firstly, is there an age limit for a US citizen to apply for the K1 visa/sponsor a noncitizen? Over 18 I'm sure but is there a specific age for those over 18 where they can't file?

Secondly, I'm actually a student in medical school, so I don't work. My parents pay for everything..do they have to send their tax return and co-sign/sponsor? They live overseas now, so they file the minimum as US residents. I don't know what that is [the minimum amount of taxes], but I have a feeling this piece of information may hurt? Can anyone elaborate for my situation? Before they moved overseas, they were in the upper bracket of taxes (40% or more) but I don't think the USCIS asks for previous tax returns, right, just the last year's?

Thirdly, does someone need to be physically in the USA to file the petition?

Also, this is just kind of for opinion, if a noncitizen was married overseas to a citizen and said noncitizen came to the US to visit the citizen and wanted to work there, etc, is the marriage visa the only way to come in? Noncitizen can't come in on a work visa or on a visit visa and change their status? They are already married so it's not like false intentions (ie coming in on a visit visa to get married, which I understand is illegal)

Thanks a lot and sorry for anyone who has to repeat information (don't mean to annoy )

There is no age limit, but you do have two concerns. One issue that will be examined throughout the process is the maturity of both parties, and the likelyhood of a successful marriage. Second, without suficient income to qualify on your own, your future wife will need a qualifying sponser, perhaps your parents. You, and her sponser, will be responsible for your fiancee while in the U.S. awaiting adjustment of status, and then for ten years, or 40 qualifying quarters, or until she becomes naturalized.

To file a petition, you have to reside in the United States, or be a member of the Military serving overseas. There are other ways to legally enter the US other than marriage, such as a tourist, a student, or a worker. Each has their own restrictions, and qualifications. Remember, however, that intent is everything, and if the DHS or the DOS suspects fraud, then all bets are off.

For what it is worth, finish school, get a job, and then worry about marriage. If your love is true, it will endure, and you will be in a better position in a few years, to provide for your young wife.

[Otto 83]

Hello and thanks for helping me out.

I'll just try to keep this short!

Firstly, is there an age limit for a US citizen to apply for the K1 visa/sponsor a noncitizen? Over 18 I'm sure but is there a specific age for those over 18 where they can't file?You must be legally able to marry.

Secondly, I'm actually a student in medical school, so I don't work. My parents pay for everything..do they have to send their tax return and co-sign/sponsor? They live overseas now, so they file the minimum as US residents. I don't know what that is [the minimum amount of taxes], but I have a feeling this piece of information may hurt? Can anyone elaborate for my situation? Before they moved overseas, they were in the upper bracket of taxes (40% or more) but I don't think the USCIS asks for previous tax returns, right, just the last year's? First - you will need to complete an Affidavit of Support regardless of whether you meet the income requirements or not. Secondly, your parent's (co-sponsor) tax situation doesn't matter, it's their income that does (yes, they ask for tax returns to prove income).

Thirdly, does someone need to be physically in the USA to file the petition?To file for a K1 visa you must be in the US - or serving in the Active Military abroad. Other options open to you are to get married (overseas) and file a spousal visa.

Also, this is just kind of for opinion, if a noncitizen was married overseas to a citizen and said noncitizen came to the US to visit the citizen and wanted to work there, etc, is the marriage visa the only way to come in? Noncitizen can't come in on a work visa or on a visit visa and change their status? They are already married so it's not like false intentions (ie coming in on a visit visa to get married, which I understand is illegal) Yes - it's the only way.

Thanks a lot and sorry for anyone who has to repeat information (don't mean to annoy )

[Gemmie 142]

There is no age limit, but you do have two concerns. One issue that will be examined throughout the process is the maturity of both parties, and the likelyhood of a successful marriage. Second, without suficient income to qualify on your own, your future wife will need a qualifying sponser, perhaps your parents. You, and her sponser, will be responsible for your fiancee while in the U.S. awaiting adjustment of status, and then for ten years, or 40 qualifying quarters, or until she becomes naturalized.

To file a petition, you have to reside in the United States, or be a member of the Military serving overseas. There are other ways to legally enter the US other than marriage, such as a tourist, a student, or a worker. Each has their own restrictions, and qualifications. Remember, however, that intent is everything, and if the DHS or the DOS suspects fraud, then all bets are off.

For what it is worth, finish school, get a job, and then worry about marriage. If your love is true, it will endure, and you will be in a better position in a few years, to provide for your young wife.

No offense, but the OP didn't ask for relationship advice on when to get married.

Also, the maturity of both people and likelihood of a successful marriage is impossible to judge from the place of an officer working on your file or at the consulate. They're not there to make moral judgements, just be convinced that there is a bonafide relationship and that both people have intentions to get married.

[Laura+Tom 2]

Sorry, appears I was wrong about the filing outside of the US. Because we did it we thought everyone could!

[sze2 0]

No problem^ and no worries, I understand things aren't completely fair wherever you go. It's better to know what officers test people about than to be surprised. I guess they just want to make sure people don't abuse the system. So thanks for the heads up, and thank you all for your insights.

Well the reason I asked about the tax thing is because, I don't know how it works exactly, I'll have to ask my parents, but I don't think you have to report all of your income if you work overseas. So when they're filing the minimum, I'm guessing they report the lowest possible income (so they don't have to pay a lot of taxes). So I'm concerned whether this "amount" (whatever it is) will raise an issue. I'll look into it.

And I do agree, if it is possible, the best thing is to wait and get settled, it may be a faster process that way and less problems if we're all situated. But it is hard to wait! In fact I'm considering the spousal visa seriously, so if I do go down that route, if I want to stay overseas with the noncitizen and work there for a while, then if I come back to the states, that income can't be used unless I pay taxes on it right? I'd still need a cosponsor? A cosponsor in general helps the case I'm guessing?

Thanks for all the help/clarifications!

[Devkpaik 1]

There is no age limit, but you do have two concerns. One issue that will be examined throughout the process is the maturity of both parties, and the likelyhood of a successful marriage. Second, without suficient income to qualify on your own, your future wife will need a qualifying sponser, perhaps your parents. You, and her sponser, will be responsible for your fiancee while in the U.S. awaiting adjustment of status, and then for ten years, or 40 qualifying quarters, or until she becomes naturalized.

To file a petition, you have to reside in the United States, or be a member of the Military serving overseas. There are other ways to legally enter the US other than marriage, such as a tourist, a student, or a worker. Each has their own restrictions, and qualifications. Remember, however, that intent is everything, and if the DHS or the DOS suspects fraud, then all bets are off.

For what it is worth, finish school, get a job, and then worry about marriage. If your love is true, it will endure, and you will be in a better position in a few years, to provide for your young wife.

No offense, but the OP didn't ask for relationship advice on when to get married.

Also, the maturity of both people and likelihood of a successful marriage is impossible to judge from the place of an officer working on your file or at the consulate. They're not there to make moral judgements, just be convinced that there is a bonafide relationship and that both people have intentions to get married.

I agree. Not sure where you heard that "maturity of both parties" is a requirement. How are they to judge whether one is mature or not through forms and documents? This is just not true. Also, the likelihood of a successful marriage? They can't and don't judge that. They DO make sure that the marriage isn't fraud and that it's a bonafide relationship, but there aren't tarot card readers and psychics working at the USCIS and the embassy. They can't predict whether or not the marriage will last.

I am also a college student and had no income whatsoever (well a TINY bit when I was working for my friend's dads' real estate development company) and my parents co-sponsored and my fiance got her visa and now she's in the US with me.

[Rocky_nBullwinkle 6]

Also, the maturity of both people and likelihood of a successful marriage is impossible to judge from the place of an officer working on your file or at the consulate. They're not there to make moral judgements, just be convinced that there is a bonafide relationship and that both people have intentions to get married.

I agree. Not sure where you heard that "maturity of both parties" is a requirement. How are they to judge whether one is mature or not through forms and documents? This is just not true. Also, the likelihood of a successful marriage? They can't and don't judge that. They DO make sure that the marriage isn't fraud and that it's a bonafide relationship, but there aren't tarot card readers and psychics working at the USCIS and the embassy. They can't predict whether or not the marriage will last.

I am also a college student and had no income whatsoever (well a TINY bit when I was working for my friend's dads' real estate development company) and my parents co-sponsored and my fiance got her visa and now she's in the US with me.

Perhaps "maturity" is the wrong word. It only applies when the difference in age is greater than 17 years. Though I never said it was a requirement, (or an immediate disqualification,) it is indeed a consideration. The correct term of art is "capacity", and is one reason for the face to face interview. "Capacity" is the ability to enter into a contract.

The current philosophy "by law" is that the prospective immigrant "not become a public burden". That is the whole purpose of showing adequate income, and evaluating the relationship.

[lirwin2000 0]

i was under the impression it was ok to file while you are outside the US?

[KimandRuss 0]

Yes, you can file when you are outside of the US but you must have domicile in the U.S. to obtain a visa for your fiance. Make sense?

[lirwin2000 0]

Yes, you can file when you are outside of the US but you must have domicile in the U.S. to obtain a visa for your fiance. Make sense?

That makes sense thank you.

Our situation is the USC is a UK/US dual national and is living in the Uk at the moment and has been pretty much all his life. We were wanting to file for the K1 now (and use the address of Family in the US) In the new year the USC will be moving back to the US and will be there before interview stage. The USC has US bank accounts and will have a job over there by the time of the interview. But when we file he will be in the UK working here.

Do you think we will have any problems?

[KimandRuss 0]

Every case is so different it's hard to say. Have you discussed DCF with the London Embassy at all? I'm unsure of the new procedures as everything changed just last year but if you are both residing legally in that Country then there is a possibility of marrying there and applying for Direct Consular Filing. It is a much easier process to contend with as long as you can prove domicile in the U.S.

As I said, i'm not too familiar with the process as it stands now in London but i'm sure if you visit some of the other forums here (particularly DCF and UK Regional) you will get some answers.

good luck.

[lirwin2000 0]

Every case is so different it's hard to say. Have you discussed DCF with the London Embassy at all? I'm unsure of the new procedures as everything changed just last year but if you are both residing legally in that Country then there is a possibility of marrying there and applying for Direct Consular Filing. It is a much easier process to contend with as long as you can prove domicile in the U.S.

As I said, i'm not too familiar with the process as it stands now in London but i'm sure if you visit some of the other forums here (particularly DCF and UK Regional) you will get some answers.

good luck.

thanks very much