Pre K-1 Filing

[smoahmad 0]

Hi all! New to the forum, and would love some advice from those who have already gone through (or are going through) the K-1 process.

I've been living and working in the UAE for the past 1 1/2 years where I met my now fiance. I will be returning to the US at the end of December, get a new job (fingers crossed), and start the K-1 process.

Is there anything I can begin to do while I am still here in the UAE with my fiance to get a jump on document preparation? Signed letter of intent I suppose, but anything else? Is it advisable for me to fill out the G-325A form with him and have him sign it (but not date it) now, so when I send it I'm sure I've filled in accurate and complete information?

Also, I realize I must be gainfully employed in order to apply for the K-1 visa and show evidence of support... will USCIS be less likely to approve my petition if I haven't been working all that long in the US, or even at all since I'm an '08 graduate?

Thanks!

[gmjdmj 2]

First of all, it look like you have found the right place. This website has gotten us through this process so far and continues to. The letter of intent and the G-325 is good. He is also going to need to provide you with passport photos as well.

As far as not having a long history of work, that will not be a problem. If it were me, to be on the safe side, you may want to get a co-sponsor. You are not going to have to worry about that until you get to the 2nd phase of this process, since you do not have to prove any income in the first phase. There have been a lot of people to go through this process that have been students, just out of school or without a long work history. You should be fine.

[baron555 934]

Hi all! New to the forum, and would love some advice from those who have already gone through (or are going through) the K-1 process.

I've been living and working in the UAE for the past 1 1/2 years where I met my now fiance. I will be returning to the US at the end of December, get a new job (fingers crossed), and start the K-1 process.

Is there anything I can begin to do while I am still here in the UAE with my fiance to get a jump on document preparation? Signed letter of intent I suppose, but anything else? Is it advisable for me to fill out the G-325A form with him and have him sign it (but not date it) now, so when I send it I'm sure I've filled in accurate and complete information? Yes and Yes but have him date it then. The dates on all the forms do not have to match but all others should be prior to the I-129F date.

Also, I realize I must be gainfully employed in order to apply for the K-1 visa and show evidence of support... will USCIS be less likely to approve my petition if I haven't been working all that long in the US, or even at all since I'm an '08 graduate?

If you presently make enough to qualify on your own, you are good to go. USCIS understands recent stuudents that just now have a full time job.

Thanks!

[Guitarlo 2]

Hi all! New to the forum, and would love some advice from those who have already gone through (or are going through) the K-1 process.

I've been living and working in the UAE for the past 1 1/2 years where I met my now fiance. I will be returning to the US at the end of December, get a new job (fingers crossed), and start the K-1 process.

Is there anything I can begin to do while I am still here in the UAE with my fiance to get a jump on document preparation? Signed letter of intent I suppose, but anything else? Is it advisable for me to fill out the G-325A form with him and have him sign it (but not date it) now, so when I send it I'm sure I've filled in accurate and complete information?

Also, I realize I must be gainfully employed in order to apply for the K-1 visa and show evidence of support... will USCIS be less likely to approve my petition if I haven't been working all that long in the US, or even at all since I'm an '08 graduate?

Thanks!

I tend to disagree with the other post. As the petioner and part of the I-29 you will need to show proof of your financial capability to support your future spouse. I had to send a copy of 1040 Tax return and 12 months of Bank Statements plus an employment letter. Then you get to do it all over again on the I-864 affidavit of support on the AOS documents. I believe minimally with a sponsor you will need to show proof of an income equal to 125% of poverty (see form I-864P federal poverty guidelines). In your case they may look at what your future income capability will be since you're establishing yourself.

[Gary and Alla 3,694]

Hi all! New to the forum, and would love some advice from those who have already gone through (or are going through) the K-1 process.

I've been living and working in the UAE for the past 1 1/2 years where I met my now fiance. I will be returning to the US at the end of December, get a new job (fingers crossed), and start the K-1 process.

Is there anything I can begin to do while I am still here in the UAE with my fiance to get a jump on document preparation? Signed letter of intent I suppose, but anything else? Is it advisable for me to fill out the G-325A form with him and have him sign it (but not date it) now, so when I send it I'm sure I've filled in accurate and complete information?

Also, I realize I must be gainfully employed in order to apply for the K-1 visa and show evidence of support... will USCIS be less likely to approve my petition if I haven't been working all that long in the US, or even at all since I'm an '08 graduate?

Thanks!

For the peition, USCIS doesn't care about your employment. You could file it today. You will need to show evidence of support at the interview. This will be done by the consulate, Department of State. They will not care that you graduated in 2008.

USCIS does not review your income requirements until the AOS application, after she is here and you are married.

Hi all! New to the forum, and would love some advice from those who have already gone through (or are going through) the K-1 process.

I've been living and working in the UAE for the past 1 1/2 years where I met my now fiance. I will be returning to the US at the end of December, get a new job (fingers crossed), and start the K-1 process.

Is there anything I can begin to do while I am still here in the UAE with my fiance to get a jump on document preparation? Signed letter of intent I suppose, but anything else? Is it advisable for me to fill out the G-325A form with him and have him sign it (but not date it) now, so when I send it I'm sure I've filled in accurate and complete information?

Also, I realize I must be gainfully employed in order to apply for the K-1 visa and show evidence of support... will USCIS be less likely to approve my petition if I haven't been working all that long in the US, or even at all since I'm an '08 graduate?

Thanks!

I tend to disagree with the other post. As the petioner and part of the I-29 you will need to show proof of your financial capability to support your future spouse. I had to send a copy of 1040 Tax return and 12 months of Bank Statements plus an employment letter. Then you get to do it all over again on the I-864 affidavit of support on the AOS documents. I believe minimally with a sponsor you will need to show proof of an income equal to 125% of poverty (see form I-864P federal poverty guidelines). In your case they may look at what your future income capability will be since you're establishing yourself.

You do not send financial information with the I-129f petition

[smoahmad 0]

Thanks all for the support and the clarification. Good to know about not needing to show any income until AOS.

Will start going ahead with pulling together documents, and hopefully will be back shortly once I formally file (and thanks to Gary and Alla for the info allowing me to advance my filing timeline!)

[mari joe 1]

The topic of the post was what to do before comming back to the US. Here are a few suggestions. You should keep all reciepts of hotel stays, gifts, trips and boarding passes. Have your so sign an an intent to marry. To file will need passport pics of you and your SO. Your SO will also need about 10 passport or 2x2 pics for other forms. Fill out and have your SO sign a G-325A (all 4 pages). Take dozens if not hundreds of pictures with you and your SO and some with his family. (time stamp option on the camera is a good idea) Its all i can think of for now. Good luck. Mari-Joe

[payxibka 10,045]

Thanks all for the support and the clarification. Good to know about not needing to show any income until AOS.

Will start going ahead with pulling together documents, and hopefully will be back shortly once I formally file (and thanks to Gary and Alla for the info allowing me to advance my filing timeline!)

You misunderstood... You do not show financial information until VISA interview..... this is quite different than AOS

[Gary and Alla 3,694]

Thanks all for the support and the clarification. Good to know about not needing to show any income until AOS.

Will start going ahead with pulling together documents, and hopefully will be back shortly once I formally file (and thanks to Gary and Alla for the info allowing me to advance my filing timeline!)

I DID NOT say you do not show income until AOS. I said "you do not show income to USCIS until the AOS" You WILL have to prove income at the visa application interview, at the consulate you deal with, BEFORE the visa is issued. But that is not USCIS, that is the department of State.

You do not need income proof to file a petition with USCIS for your fiancee to apply for a visa.

[smoahmad 0]

Thanks all for the support and the clarification. Good to know about not needing to show any income until AOS.

Will start going ahead with pulling together documents, and hopefully will be back shortly once I formally file (and thanks to Gary and Alla for the info allowing me to advance my filing timeline!)

I DID NOT say you do not show income until AOS. I said "you do not show income to USCIS until the AOS" You WILL have to prove income at the visa application interview, at the consulate you deal with, BEFORE the visa is issued. But that is not USCIS, that is the department of State.

You do not need income proof to file a petition with USCIS for your fiancee to apply for a visa.

Ah, thanks again. Definitely didn't think that through.

So I've started to work on the G-325 for both of us, the I-129F, letters of intent... will get passport photos taken of both of us before I leave.

I understand now that I will have to prove income / employment for DoS at his interview. The Vermont Service Center's estimated processing time for the I-129F appears to be about 3-5 months, and that seems to be average for a lot of VJers too, but please correct me if I'm wrong.

My question is, should I file as soon as I get back to the US, and then hope that in the months of processing time I get a job before the petition is approved and sent to the embassy in the UAE? Or should I just go back, embark on my job search and secure employment, and then file to be safe? This way certainly sounds like the cautious approach and I'd have longer employment history to show to DoS at his interview, but it also means delaying filing, starting the process, and seeing him again. Co-sponsor is not really an option at this time.

I realize there's not a "right" way to do it, but would appreciate any and all opinions. Thanks again.

[Moonandstar 6]

I would say, ask yourself:

Are you in a hurry to get married, or have your fiance get to the us asap?

Or would you rathar the more slowly-but surely approach?

Its been a while since i had a job in the US, but from what i see, with today's economy, depending on what field you'll be working in, theres a possibility that from the time you find a job, to come time to interview at the embassy, that by then you may find yourself looking for another job as well. Especially if you end up with a nightmare case at USCIS.

I'm not sure, but i would say that in all likelyness, if you file an I-129f now, by the time the interview comes you'll have a job.

Not sure how UAE is, but i'll bet they'll be spending more time worrying about the credibilty of your relationship with your fiance, than they will your 134.

Edited November 9, 2009 by Moonandstar

[Nik+Heather 121]

Does UAE accept cosponsors? If so, would someone you know agree to sponsor your fiance? They would have to be a US resident or citizen. Then you don't have to worry about the job thing - at least for the visa part - your own life is a different story.

Also, K1 visas are for people who are mainly concerned about speed. The FASTEST way (and probably best) is to do Direct Consular Filing. You have to be married and legally living in the UAE for 6 months previously. Have you investigated that option? It results in a CR-1 visa, which is residency upon arrival. Much cheaper, much faster, and little to no time apart. Good luck!

[spectheintro 18]

Is there any particular reason you're not filing the petition with USCIS now? Generally the timeline between USCIS receipt and embassy interview is between 6-9 months. (Abu Dhabi, in particular, has been very bad about interviews recently.) Unless you think that you won't be able to provide a compelling case for your financials without more time in the US, I'd say get the petition completed and submitted now, and begin gathering financial support documents while you're in processing. That should minimize your time spent apart from one another.

[SunDrop 59]

I think your most sensible way forward depends on your resources and permission to use them.

Have you maintained residence in the US during the time you have been abroad?

If yes, then some embassies accept co-sponsors, others don't. Find out by asking on the MENA board here, I'm sure someone has been through this before you

If yes, then do you have a US address that you can safely receive documents at, and when necessary have them forwarded?

If yes, then why wait to file? You can submit an I129F from UAE, using the US address, mailing it from UAE (or forward it to the US for someone to mail for you). Use the guide here to know what documents you will need when filing.

The requirement for the I129F initially is that you are a US resident (why you need to have maintained it to file) and you have an intent to marry your fiancee in the US.

The benefit of filing now assuming you could answer yes at every stage above is that you will wait out a fair amount of your NOA1 to NOA2 process together.

If you haven't maintained your resident status, then you need to reestablish this before filing an I 129F

If you cannot use a co-sponsor for the UAE embassy, then you will need to secure permanent employment that meets 125% of the poverty line for the number of people you will be sponsoring/ will be your dependents plus yourself. The length of time that you have been employed and the fact that you haven't filed a tax return yet is not usually an issue. They want to know that your current finances are adequate.

[TracyTN 237]

.

The requirement for the I129F initially is that you are a US resident (why you need to have maintained it to file) and you have an intent to marry your fiancee in the US.

Technically, a US citizen , as legal permanent residents cannot petition for fiance visas. I know I'm splitting hairs but...