Beginning the Process and terrified of getting denied

[Michelle12 0]

My fiance and I have been dating for 2 years. We've worked together in the states for a summer, have visited each other more than 20 times (him flying to USA and me flying to England), we lived together last summer while I interned abroad, lived together in Spain while I was studying abroad, and currently I'm living with him this summer in England while he's working. In other words, we've lived together for a year, apart from all of our visits. We've talked, we've called, we're 100% sure that this is it. However, while it may seem perfect, there are more than 100 problems that prevent us from living together.

First of all, I'm a student. I'm senior in college right now, and applying for law school next year. Consequently, we can't move to the UK because then my law career would be over before it has begun. Additionally, I obviously don't have a lot of money. I'm on financial aid. I work as a tutor right now, but I've been abroad for a prolonged period of time so I don't exactly have 3 years of income to prove that I can support him. Next year, I will be working all year (either self-employed or for the same company that I currently work for). I should end up making about 17,000. However, I should be able to save at least 10,000 of it because I get money for my housing and food provided by my financial aid. However, I can't prove my income until April, obviously. The solution is an co-sponsor but my family thinks I'm too young to get married so they're not willing to help.

I understand that some of you probably feel the same. Normally, I would agree with you but I know me and I know him. I've lived with him, I love him and I have no intention of dating other people. He's it, and I'm tired of spending time away from him during the year, or spending thousands of dollars visiting each other. I am going to be going to law school for 3 years. Life would be a lot easier for us if we could actually live in the same place, only pay for one household, and not spend all of our energy trying to simply raise the money to see each other. We can wait. We are physically able to do so. We know we'll end up together eventually, even if we have to wait 3 years to do it but it's becoming unbearable. We want to save up money for our future and start our life together.

How should we go about this? He's working right now as a recruitment consultant. He's a uni graduate but he can't qualify a specialized worker. He has a history degree, not IT. His family is willing to help us out financially, and he's going to be saving up money this year to add to our assets but what should we do so as to have him move by the end of May (when I graduate), and before I start law school? Should we get married now while I'm in England and then apply for CR-1 in October? Should we just get married in May, and hope they don't kick him out. Both of us would prefer if we could both be working next summer, cause he doesn't want to be bored at home, twiddling his thumbs and waiting for his greencard while I work. What advice do you have?

[welshbuttercup 0]

I was in your situation 8 years ago when I graduated from college, my husband and I were in love, we met when I was in Britain studying and we wanted to be together, but like you we were both starting our professional lives and it just was not feasible. Long story short we waited, we visited as much as we could and stayed together and got married this year. The time apart obviously was horrible but I think back and I am glad we waited, we got to become much closer and grow up a bit and become self sustained adults.

If you can't wait do you have any other family members who could be a co sponsor?

I believe you might be able to co-mingle your finances to meet the requirement?? But maybe a more senior member could weigh in on this??

Would you consider moving over there and have his family sponsor you to be his wife? They do have law schools in Britain.

Or maybe graduate from college, get a job and then begin the process?

I hope everything works out for you

[welshbuttercup 0]

Oh and its much much easier to get married in the US- way less red tape to go through! In Britain you would have to apply for a certificate because you are a foreign citizen and possibly a fiancee visa- there is info on the Home Office/UKVisas website with all the fees and details.

[Anh map 2,098]

Any US citizen or Green Card holder can be a joint sponsor, not just family members.

[Nich-Nick 3,354]

You don't need to have 3 years of income for adjustment of status, the ultimate goal of a K1 fiance visa. And you just have to prove current income if you can back it up with pay stubs or an employer letter without waiting on it to show on a tax return. Self employed is harder to prove.

Currently you would have to prove income of $18,387. If you were short say $2000, then you'd need 3 x $2000 = $6000 in assets.

For the K1 visa in London, he could self-sponsor with his own assets, but nobody seems to know an exact amount that would please to consulate. You don't even have to use a tax return for your income (London) if you can prove it with pay stubs or an employer letter. I've read 100% of the poverty guidelines is okay for the I-134 ($14,710). He could get here on a K1 with less money and by May but then there's the AOS which is stricter. You don't have to apply for AOS immediately, but he won't work.

"he doesn't want to be bored at home, twiddling his thumbs and waiting for his greencard while I work. "--well you can't have your cake and eat it too without you having an income. He can suck it up and be bored or stay in the UK until you become a successful lawyer.

"Should we just get married in May, and hope they don't kick him out."-- Risky and even more months before he could work. No appeal if there are any hitches.

"Should we get married now while I'm in England and then apply for CR-1 in October?" --you will have to prove more income up front (I-864 instead of I-134); he can't self sponsor, but he can work immediately in the US.

Edited July 3, 2011 by Nich-Nick

[la2011 5]

I was going to say the same...look for a co-sponsor who is not family. You might have a close friend who would be willing to do it. Just explain to them carefully what it consists of. As the petitioner, you are still the main sponsor and the co-sponsor is more of a "back up" for the US government. If your fiance is educated and you are going to law school, it seems to me it is rather unlikely any of you will ever become a public charge. Personally, I think if I knew someone really well, I would be willing to co-sponsor a friend of mine. I know it can be a bit embarassing to ask but you'd be surprised at the support you might get from close friends.

Good luck, I hope it all works out for you guys

[OnMyWayID 1,489]

Hi there.

Life changing decisions are always difficult. You have to prioritize your life goals and if one interferes with the other you have to make adjustments. You want to be together and moving to him is not at option... Is this your #1 priority right now?

One possible scenario: Get married in England and go the CR-1 route. Someone mentioned above that income has to be proven up front.. Not *quite* true, it has to be done in the NVC stage which is 5 months after filing. So get married, put off school for six months, get a job that pays above the threshold needed, file the I-130, then when the approval hits the NVC stage you can show your current income is at the level required, get him over here, then go back to your original plan of law school... This would also allow him to work immediately upon arrival.

This is probably a nightmare scenario for your family - specifically the part about temporarily dropping out of school as so many do not go back. I would not be surprised if they offer up a co-sponsor for your guy when they know of your plan with the promise of you not delaying school. You can't count on that though or consider it a leverage tactic.

[Brother Hesekiel 2,236]

First of all, I'm a student. I'm senior in college right now, and applying for law school next year. Consequently, we can't move to the UK because then my law career would be over before it has begun. Additionally, I obviously don't have a lot of money . . . The solution is an co-sponsor but my family thinks I'm too young to get married so they're not willing to help.

I understand that some of you probably feel the same. Normally, I would agree with you but I know me and I know him. I've lived with him, I love him and I have no intention of dating other people. He's it, and I'm tired of spending time away from him during the year, or spending thousands of dollars visiting each other. I am going to be going to law school for 3 years.

Oh . . . my . . . God: that's exactly like in the movie 'Love Story' with Ryan O'Neal and Ali Mac Graw!

His dad also believed that a person first should get an education, then a job, and when he (or she) had that taken care of, look for a suitable spouse and eventually get married. That's basically a sensible approach to life, if you want to call it that. But at least in the movie the head-over-heels approach of throwing everything we know to be true over board worked like a charm. Oh, no, it didn't. In the end she dies and he ends up alone. Most likely--and that's after the movie ends--he eventually gets married again and at that time the marriage will last as all of the obstacles that put lots of strain on a marriage are out of the way.

But I digress: it's possible that you are an extremely intelligent young lady who has it all figured out at a very young age and just wants to get some feedback. If so, here's mine: I agree with your family. Finish school. Get a job. Save money . . . and socialize while doing that. Once you have become a successful attorney, revisit the issue of importing your boyfriend from your olde school days.

[Ready to do it 101]

a) Finish law school and then start the process,

b) take a year off from school, apply for K1 and get a job the same time you start the K1 process (assuming you make over minimum wage), and then you will have the assets to sponsor him... then go back to school

c) you could probably figure out a way to do (b) above using the CR1 route as well, thus when he gets here he can work and you can go back to law school

By the way... you titled this "Beginning the process and terified of getting denied"

Why start the process until you have a plan in place where you know you won't get denied? Based on what you have written, you are not ready to start the process yet because you don't have a job, nor a co-sponsor (which if you are planning on going to law school I assume you are educated enough to know that a co-sponsor is a very bad idea). That isn't meant to insult your intelligence. Just stating the facts. I think you should have titled this "Looking for advice.... no job and no co-sponsor. Forget about starting the process until you have one of those.

Edited July 4, 2011 by Ready to do it

[JoannaV 174]

There are all kinds of different aspects to your dilemma.

The financial aspect is your major issue, obviously.

But how you feel about marriage is also relevant here. Some people feel it is very important to be able to live together in the same country immediately after marrying, and cannot consider any alternative. Others may feel the need for a large and/or complicated wedding. If these are true for you then that obviously plays into your decisions here. But if those considerations aren't so important, then there may be some other possibilities. Marrying in England did seem too complicated to me. However, from anecdotes other people have posted I think it's possible it may not be as complicated as it appears, maybe prior clearance to marry isn't necessary before entering to the country as I thought. So I would certainly look into that, to see if it's feasible. If it is possible, then I would certainly get married asap. (Assuming you guys are ready to marry!) The CR1 is simpler than the K1. It's also possible that once you are married your family may come around to the idea of sponsoring, seeing as how you've already made the big mistake LOL.

If marrying in England is too complicated, you can marry in the US. You are not allowed to enter the US as a tourist with the intention of marrying and then staying. (Although, people do do this.) So you can either marry and then apply for a CR1 whilst continuing to live separately and visit each other, or you can file K1 and wait for that before marrying.

A final point. There are several points during the visa process at which you can delay it for quite some time. So, you can apply now and then delay the next bit of the process if you have not sorted out the financial aspect. You might actually be fine anyway. Tax returns are not important, that is, especially if you are a student they do understand why your past income may be low. You will need to provide a tax return for the prior tax year if you were required to file taxes, but the amount shown may not be relevant. Current income is the important thing. If you are able to get pay stubs and employer letters showing clearly what your 2012 income will be, then you should be fine. Well, $17,000 obviously isn't quite enough (unless it's fine for the I-134 as someone indicated) but if you and your fiance focus on saving you should be able to make up the shortfall. (Remember you need three times the shortfall in savings.) That should be sufficient really, but if for some reason it is not you could always try to find a second job, you know any kind of part time graveyard shift retail thing...get a couple of pay checks...and quit the job once your income has been accepted. Those might be a few hard months, and don't do it if it will really jeopardise your school work, but it's an option.

If him getting here in May is really important to you, then your two options are probably marrying in England then filing CR1 (you can do this as soon as you get your marriage certificate, no need to wait till October), or file for K1 NOW (well, real soon). Then squirrel away as much money as possible this year (no Christmas presents for your family!), work super hard in January, and hopefully by February you will be able to file I-864/I-134.

[Kitty Kat Amber 0]

I know how ur feeling....buti am starting my own company... i dont have the 3 years of income and trying to find a co sponser. i wish u all the luck in the world.

[Rebecca Jo 1,962]

Oh . . . my . . . God: that's exactly like in the movie 'Love Story' with Ryan O'Neal and Ali Mac Graw!

His dad also believed that a person first should get an education, then a job, and when he (or she) had that taken care of, look for a suitable spouse and eventually get married. That's basically a sensible approach to life, if you want to call it that. But at least in the movie the head-over-heels approach of throwing everything we know to be true over board worked like a charm. Oh, no, it didn't. In the end she dies and he ends up alone. Most likely--and that's after the movie ends--he eventually gets married again and at that time the marriage will last as all of the obstacles that put lots of strain on a marriage are out of the way.

But I digress: it's possible that you are an extremely intelligent young lady who has it all figured out at a very young age and just wants to get some feedback. If so, here's mine: I agree with your family. Finish school. Get a job. Save money . . . and socialize while doing that. Once you have become a successful attorney, revisit the issue of importing your boyfriend from your olde school days.

Really this is just so snarky and completely uneccessary.

[Michelle12 0]

Really this is just so snarky and completely uneccessary.

Thanks. I'm still vaguely new on this forum and wasn't sure if patronizing comments were de rigueur. Glad to know I wasn't just being sensitive about it, and other people also believe that comparing my life to a movie is a bit callous. I really do appreciate everyone's suggestions. We're probably just going to get married this summer and then file in the paperwork when I'm back in the states. I have no intention of dropping out of school. I may end up sleeping less but I'm used to that, and this year will probably be my easiest. I make a fair amount of money tutoring, and I'll save most of it for my assets and my fiance will save most of his. We'll probably visit each other less this year than in our previous years in order to save money and work more. I was primarily worried about when I would have to provide the I-864. If it's not up front and I just have to hand it in during the interview, then we should be fine. I would prefer to schedule everything so that I would have the interview in April, by which time I should have my 1040 for that year.

Does anyone know if immigration takes soft factors into account at all? If, for example, I have a yearly income of $17,000 (is this pre or post tax), and then we have $10,000 in savings, we technically are above the required amount. Do they take his savings into account as well? Does he have to provide his bank statements or do I? Will they take into account that I will be going to law school, and may be getting a loan/grant for that? Do they not care about any of this at all?

[Penguin_ie 5,996]

If you are married then yes, they can take his savings and assets into account. Many US embassies prefer these to be US based though, so it would be a good idea to transfer his saving into your bank account.

[markelsa71 4]

Hi since you're talking about tax return let me join you guys..my fiance just emailed me a scanned tax return.i am worried if the interviewer will accept a photo copies! and also what he sent has with big "COPY ONLY DO NOT FILE' Do you think these are acceptable because documents were not requested from IRS? pls help me..and another question does he need to sign the I-134? thanks