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Filed: Timeline
Posted

hi all!

Im new here and need help.

I have read many topics and still confused about what to do.

This is situation: Im currently in europe,with my girlfriend. Im US citizen.

We decided to get married so we can continue to live together in US.

I have been almost 4 months now here in europe and gave up my job in US. I also sold my house there.

Now, if i understand i have to have job in US to be able to file for her. Im i rirght?

Or my money in bank can be enough? Can i use co-sponsor (friend)?

Then most important thing is : Which visa we should use? Should we just go to US ambassy and ask them for advice?

Im afraid this process can take forever and we dont want to be separated for long time...

thank you

Filed: Citizen (apr) Country: Belgium
Timeline
Posted

hi all!

Im new here and need help.

I have read many topics and still confused about what to do.

This is situation: Im currently in europe,with my girlfriend. Im US citizen.

We decided to get married so we can continue to live together in US.

I have been almost 4 months now here in europe and gave up my job in US. I also sold my house there.

Now, if i understand i have to have job in US to be able to file for her. Im i rirght?

Or my money in bank can be enough? Can i use co-sponsor (friend)?

Then most important thing is : Which visa we should use? Should we just go to US ambassy and ask them for advice?

Im afraid this process can take forever and we dont want to be separated for long time...

thank you

First it would be helpful to know what country. You should fill out the info in your profile. Also take a quick read through the visa guides.

If you want to file for a K-1 you must return to the states, and file for her there, this can take 4-6 months to process anda bout $2000.

If you get married in Europe (civil ceremony or otherwise), reside for 6 months as a legal resident, then you can do a DCF. Go to the embassy/mail your paperwork to the embassy and it is less expensive and faster, plus you won't have to separate. It costs about $1000 and takes 4-6 weeks normally. Depending on the country you're in will depend on what papers you will need to marry her though. They will require you to get a notarized affidavit from the embassy saying you are not married to anyone else in the states, and you'll probably need an apostilled birth certificate too.

You can also get married, you can move back to the states, apply for her CR-1 visa there but it will still take several months for her to be able to join you there.

You will absolutely need a co-sponsor. Their income must be 125% above the poverty level. You don't NEED a job but since you don't have strong ties, or that's what I gather from your post, to the states at the moment, you will need proof that you plan on re-establishing domicile.

belgium-flag.gift4518.gifunitedstates.gif

Filed: Timeline
Posted

thanx for your fast response

country is serbia.

If i understand good from ur post the best way is CR-1 visa, am i right?

i dont want to be legal resident in serbia, i want to return to states.

And i would realy like to merry her in serbia because of many reasons.... If i do that, do i still need some papers from US or i can start all process from serbia while im here?

About co-sponsor is confusing,does it mean that even if i have ad exemp. 200.000$ in my US account i still need a job there or co-sponsor?

that does not have a sense, finding a job is not problem but i want this process to go faster as possible...

thank you

Filed: Citizen (apr) Country: Belgium
Timeline
Posted (edited)

thanx for your fast response

country is serbia.

If i understand good from ur post the best way is CR-1 visa, am i right?

i dont want to be legal resident in serbia, i want to return to states.

And i would realy like to merry her in serbia because of many reasons.... If i do that, do i still need some papers from US or i can start all process from serbia while im here?

You will most likely need your birth certificate, you'll need it apostilled. If you have family or friends that can send it to get all this done then mail it to you there that'd be good. I had this done with a document I needed from the states. Look up the US embassy for Serbia and see what you might have to do to marry someone. The info is usually there, or you can google it.

Once you are married you will have to return to the states to petition for her to come back. You can only petition for her there if you've lived in that country for 6 months or more.

About co-sponsor is confusing,does it mean that even if i have ad exemp. 200.000$ in my US account i still need a job there or co-sponsor?

that does not have a sense, finding a job is not problem but i want this process to go faster as possible...

thank you

They just want to see that your spouse/fiance will not become a public charge, you'll have to submit your tax forms from the last three years you filed. You can use your assets to supplement too but it must be 125% above the poverty level, check this chart http://aspe.hhs.gov/poverty/09poverty.shtml. I would highly recommend getting a co-sponsor if that country allows it.

If you're returning to the states before her, then you won't need to show proof that you are re-establishing domicile.

But the first thing would be getting past the petition after you're married, then once it's approved in a couple months you can start to worry about the affidavit of support.

Edited by Mithmeoi

belgium-flag.gift4518.gifunitedstates.gif

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

thanx for your fast response

country is serbia.

If i understand good from ur post the best way is CR-1 visa, am i right?

i dont want to be legal resident in serbia, i want to return to states.

And i would realy like to merry her in serbia because of many reasons.... If i do that, do i still need some papers from US or i can start all process from serbia while im here?

About co-sponsor is confusing,does it mean that even if i have ad exemp. 200.000$ in my US account i still need a job there or co-sponsor?

that does not have a sense, finding a job is not problem but i want this process to go faster as possible...

thank you

125% of the federal poverty guidelines for a household size of two people is $18,212. You can make up a shortage in income by using assets, or even qualify using assets alone. The value of your assets must be 3X the shortage of income. If you're going to use assets alone then you'd need $56,636.

You cannot get around the domicile requirement. You must reestablish domicile in the US, or provide substantial proof that you've taken steps to reestablish domicile before they'll accept your affidavit of support. If you're flush with cash then this shouldn't present a problem. Just fly back to the US and rent an apartment before you submit the affidavit.

Another thing that hangs up a lot of people with the affidavit of support is the tax return and filing requirement, especially when they've been living abroad. You have to include a copy of the tax return or an IRS transcript of the return for the most recent tax year. "Most recent" means the return that was due on the most recent April 15th, which for now is 2009. If you weren't required to file then can include a statement explaining why. If you were required to file in any of the three most recent tax years but did not file then you must file the late returns, and include IRS transcripts to prove you've filed them. If this applies to you then get it done before you submit the affidavit. If you wait until you get an RFE for these documents then you probably won't have enough time to get everything done and respond.

If you don't qualify for DCF then you'll need to file the paperwork with USCIS in the US. They won't send correspondence to you abroad. Unless you have someone in the US who can relay the paperwork between you and USCIS, you'll probably need to be in the US for the petition phase of the process.

Click the "Guides" link a the top of the page and read the CR1 guides. This will give you an overview of the process and the documents and forms you'll need to submit. Download each form from the USCIS website and read the instructions for the forms. The instructions may contain additional requirements that apply to you that aren't covered in the guides.

If you need to ask anyone for help then you can ask on this forum. If you think you need professional assistance then hire an immigration attorney. Don't ask for help at the US consulate. Your half of the process involves getting an approved petition, and this involves USCIS which is Department of Homeland Security. The consulate deals with the second half of the process - the visa application - and they are Department of State. You won't likely get much useful advice from the consulate.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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