So many questions RE Fiance Visa

[Cercy 0]

My humble recommendations: 1) Get divorce, once divorce you can marry next day if you want

2) Take your time to know your fiancee for the best of your daughter and yourself and try to make as many trips as possible 2-3 at least to gather tonds of evidence, pictures, hotel reciepts, letters, mails, etc, etc

3) look for a job

4)get another sponsor

At the end, you will do what you and your fiancee wants. We are just here to advise you. You choose wheather to do it or not...!

Good luck in your choice and dont get mad with us VJ members

I was only mad at the personal attacks. People may not realize that their true feelings are as obvious as they are, but your words often betray your intentions whether or not you want them to. I am looking for work. I suppose I should have put that out there originally. And there's nothing wrong with receiving child support or alimony because HEY being a mom IS a job. But it won't get my fiance into the country and that's my goal.

And that's good advice about more visits. Obviously the fact that he works and I have a child makes visits hard, but he spent the last three months living there and I intend to go live there for three months soon myself. Maybe we'll spend more time just to make sure this works out.

Edited July 15, 2011 by Cercy

[Tahoma 2,292]

You don't think that it is rude to refuse to give me answers because you feel that it is not okay for me to be gathering information at this point? As I have clearly stated, my husband moved out nearly a year ago. Our relationship is over. All that is left is formalities and those formalities are taken care of. It is a waiting game at this point. I want to know what is expected of me now, not when it is late. YOU are the one who is telling me that it is simply not acceptable for me to be asking these questions because YOU are making judgments you are not entitled to make.

I would think that someone who had to go through this- who knows that the laws can be inconvenient and make people who love each other very much wait a long time to be together would be a little more gentle in their approach. I don't need to be told I am not allowed to find out what I need to do NOW, and I don't need people posting little ding ding ding emotes. I feel like I've been trolled, frankly.

Cercy...A belated welcome to VJ!!!

I hope you got the info you needed from this thread so that you can work through your visa journey as smoothly and as quickly as possible.

Nevermind Tim's comments. He's not a troll. He's a good-hearted guy who is going through the visa process and is trying to be helpful in his own way. Like any of us, sometimes he gives good advice and other times he has reading comprehension problems and a blind insistence on doing things his way.

Best wishes.

[Cercy 0]

Cercy...A belated welcome to VJ!!!

I hope you got the info you needed from this thread so that you can work through your visa journey as smoothly and as quickly as possible.

Nevermind Tim's comments. He's not a troll. He's a good-hearted guy who is going through the visa process and is trying to be helpful in his own way. Like any of us, sometimes he gives good advice and other times he has reading comprehension problems and a blind insistence on doing things his way.

Best wishes.

Thank you. Since joining the forum I've cried, I've been angry and I've felt vindicated. All inside a few hours. I think Tim has some misguided ideas about women and wasn't really trying to help me at all, but that's water under the bridge at this point. I will stop posting off topic now. I've definitely gotten what I came for, even if it was too soon to do anything with the information. Take care.

[Casprd 167]

Okay so what if I can somehow find another sponsor? Will the recent divorce still be a problem if I provide proof of the year long separation (and the relatively short marriage that took place when I was 8 months pregnant)?

I live in an area where child care fees are from between 1 and 2 thousand a month. Having not finished college I could barely make enough to cover that myself.

IMO the divorce will still be a hurdle to overcome. The one year cooling off period can help mitigate the fact that it is recent, but the fact that it is a "recent" divorce will be a red flag. That in itsself isn't a problem though. Knowing the red flags is the first step to addressing them. You can write a sort of evolution of divorce letter outlining why you got divorce, addressing whether your previous husband was an immigrant and if there was any kind of petition involved. Basically write a letter that knocks down any objections before they come up. Be careful with the details of the financial arrangement as this may not help you to make your case. Just be clear on the reasons why you got divorced and the facts about how long it takes to be finalized and the other items I mentioned and with this, you can check off one red flag

[Casprd 167]

Just as a side note, there is nothing wrong with gathering information and understanding the process completely before you start. Having all your ducks in a row will make things go much more smoothly. Many times people get engaged/married and then start to learn about the process and get overwhelmed, or listen to bad advice from a friend of a friends brother in law's second cousin.

You've got a few months to start so you can go through the guide and make sure you have current and valid documents (often copies aren't acceptable). Get notarized copies where needed, get original court docs where needed. Line up your co-sponsor and when the day comes, overnight the package to USCIS then sit back and watch the grass grow (you will certainly see faster results than you will from USCIS )

Do save this post as it will have a lot of good info you can refer back to.

[Cercy 0]

My ex and I hired a law firm that does collaborative divorces (Meaning everybody is nice and agreements are made via mediation- of which official records are kept) that I intend to ask to give me as much information on the cooling off period in this state and multiple copies of every step that is taken when October rolls around. I know it's not really something to be PROUD of but we only married because I got pregnant very early in our relationship and we felt it was the right thing to do. So I guess I need to air my dirty laundry a bit. That's okay. I'm fine with that. I am sure my ex's family would be glad to write something out to that effect as well if that might help. Do you think it would?

My ex has also moved on and would like to marry his girlfriend. We would have been divorced ages ago if it was an option. Come October, our law firm will file the papers, a judge will sign them and that's that. And my fiance and I could marry the next day but that doesn't mean we could be together, as you all know. Though I wonder if marrying and being apart however long this process takes would give more weight to our case. When I remarry obviously the alimony stops and I don't care. I just want to be with him. I never intended to keep it once my daughter became school age anyway.

And yes! I would rather be prepared. Two and a half months goes FAST.

[Moomin 292]

Your fiance´s employment ends in Portugal after he moves to US. His or your past income is not going to matter as much as the present and/or future income(financial support). Since he cannot bring his work with him there's no current or future income from his side. That's one thing - the second is only US citizens or permanent residents can sponsor/co-sponsor.

They(both USCIS and embassy) rely more on the income than assets, one of the reasons is the one you mention. But assets may be used, it's the matter of how the immigration officer is going to see it, same goes for co-sponsor.

2 years later your ex-husband will still be tied to you through more than your child. It's generous of your ex-husband but with immigration goggles on, it's a red flag no matter how good friends you are today.

.. and you're spot on when you say you're restarting your life. Finish up the divorce chapter before you start the fiance chapter - and later on a whole new book. It's hard but it'll be a less bumpy ride. Hopefully you can take advantage of the time in between, either with employment, visiting each other or addressing other issues while waiting. It's been 8 months since I have been with my fiance. I can relate to what you're saying, getting up at 3 in the morning due to being 7 hours apart. It's been 8 months since I have given my soon to be stepson a hug but somehow we made it and now there's less than a week("7 fingers, no more toes!!" if you ask my fiance's son) until we're united.

Finding employment while your daughter is being taken care of anyway is one way. If you still need a co-sponsor later on at least you can start saving money for this process. The K1 (fiance visa) is not only the 1800 dollars - there's other visa related costs; travelling to and from medical and visa interview, vaccinations, gathering documents(some places charge for translation and/or to get certified copies of birth cert., divorce decree, police records etc.).

That's some of the things. Another is your courtship. While some countries don't care, other might notice you met when you were not divorced yet. You have only met once? That's one of the requirements for the K1, the other is being free to marry. At the embassy they often want to see proof of ongoing relationship(not all embassies are tough though). Visiting a second time when you're officially divorced from your ex-husband is never going to look bad, and it'll probably feel great.

Sorry for the long reply - I'm the female part of this profile so you get the blood, sweat and tears behind the process, hopefully to shed some light on "because that's the way the law works"

[Cercy 0]

Moomin- thank you for your reply. For some reason, thought the fiance visa gave the right to seek employment while they were here for the 90 days? I guess this was misinformation?

I guess being apart is pretty much inevitable. Though my ex is softening on the idea of letting me bring my daughter to Portugal. This is a busy season for my fiance so he can't come visit right now. I had looked into consular filing of the K-1 which I guess would then be after we were married and become another type of visa all together- which would require my having been in Portugal with him for six months (and married). If I can get permission to bring my daughter with me to Portugal for that time period (from her father) I will definitely consider doing that to lessen our time apart. Maybe I'm a drama queen but he left me and went back to Portugal just last week and already I feel such a loss. This only gets worse with time, doesn't it?

In this day and age it is extremely easy to really get to know someone else online. We met and clicked online and spent the five months until he visited on webcam 24-7. We even slept with it on. It wasn't real, but it kept us until he could come here.

In the meantime I will continue to seek employment like crazy.

[Ready to do it 101]

Don't do CR1 route. You have numerous hurdles to jump through... find employment or a different sponsor, get divorced finalized, after divorce is finalized I would make sure you have a few more visits together before sending in I-129F packet. The petitions are just that... petitions. What if you get married and then go CR1 route, and then his visa is not approved? What will you do then? You need to anticipate this whole process will take a year. Would you rather collect alimony for that whole year or not? If you get married, it stops. Go K-1 route, this way you collect alimony for the next year+. Further, if his visa is denied the alimony continues. If you go get married now and go CR1 route the alimoney stops, and then in a year when you find out the visa is not approved, then what? Your #1 issue right now should be YOUR and your kid's financial situation. Don't cut off the financial support prematurely. K-1 should be the only thing you are considering.

Moomin- thank you for your reply. For some reason, thought the fiance visa gave the right to seek employment while they were here for the 90 days? I guess this was misinformation?

I guess being apart is pretty much inevitable. Though my ex is softening on the idea of letting me bring my daughter to Portugal. This is a busy season for my fiance so he can't come visit right now. I had looked into consular filing of the K-1 which I guess would then be after we were married and become another type of visa all together- which would require my having been in Portugal with him for six months (and married). If I can get permission to bring my daughter with me to Portugal for that time period (from her father) I will definitely consider doing that to lessen our time apart. Maybe I'm a drama queen but he left me and went back to Portugal just last week and already I feel such a loss. This only gets worse with time, doesn't it?

In this day and age it is extremely easy to really get to know someone else online. We met and clicked online and spent the five months until he visited on webcam 24-7. We even slept with it on. It wasn't real, but it kept us until he could come here.

In the meantime I will continue to seek employment like crazy.

[Ready to do it 101]

The other thing to realize...

Based on the amount of alimony and child support you receive I will assume your exhusband makes roughly $60k/year. I assume this year you will file separate tax returns and you will be claiming the child. In essence what this means... Your ex makes $60k/yr, roughly $10-$15k will go toward taxes and $20k goes to you. He has roughly $25k-$30k income to support himself, his new girlfriend, and the money he spends with his child when the child is with him. You have roughly $20k/yr that you receive from him. This is two households barely skirting by. Trust me when I tell you that he wants you married asap, as will his girlfriend. I have not factored in his girlfriends income as you did not state it. Bottom line, you have many hurdles to jump through and when looking at it the way I just presented it there "ARE" going to be difficult times ahead.

The keys though are what has been mentioned previously

1) Find a new co-sponsor (your ex-husband won't work), or find a good paying job

2) Meet a few more times with your future husband, after your divorce

3) go the K-1 route which keeps your alimony the maximum amount of time

Good luck

Don't do CR1 route. You have numerous hurdles to jump through... find employment or a different sponsor, get divorced finalized, after divorce is finalized I would make sure you have a few more visits together before sending in I-129F packet. The petitions are just that... petitions. What if you get married and then go CR1 route, and then his visa is not approved? What will you do then? You need to anticipate this whole process will take a year. Would you rather collect alimony for that whole year or not? If you get married, it stops. Go K-1 route, this way you collect alimony for the next year+. Further, if his visa is denied the alimony continues. If you go get married now and go CR1 route the alimoney stops, and then in a year when you find out the visa is not approved, then what? Your #1 issue right now should be YOUR and your kid's financial situation. Don't cut off the financial support prematurely. K-1 should be the only thing you are considering.

[Moomin 292]

You might have stumbled upon some older info about receiving EAD at some airports(JFK probably), or send the I-765 to USCIS the second your fiance comes to US on a K1 but it's only valid for the same amount of time as his i-94 and it will most likely take just as long for USCIS to approve it. So technically you're right but in reality it's money out the window.

People here aren't robots : ) and they've all gone through being apart. That's also why it's easier to distance oneself from the emotional part of the process(you'll get the hang of it when you're introduced to USCIS; they care about what they see on paper in the early stage of your petition). Being new to it, it might seem harsh however VJ members are only trying to help/guide you based on knowledge/facts/experience which is - by far - the best advise you're going to get when it comes to immigration to avoid hickup's later on.

DCF requires more than just visiting for xx months, you have to establish residency in the same country. After that you'll still need the affidavit of support and establish yourself in the US again. I don't want to misguide you on the DCF so I hope somebody else can paint a better picture here.

Bottom line - there are guides (click-idi-click) but keep in mind that the K3 is dead, and maybe look at the flowcharts for each visa.

Good luck with seeking employment, upcoming divorce and doing a bunch of reading/asking questions : )

Moomin- thank you for your reply. For some reason, thought the fiance visa gave the right to seek employment while they were here for the 90 days? I guess this was misinformation?

I guess being apart is pretty much inevitable. Though my ex is softening on the idea of letting me bring my daughter to Portugal. This is a busy season for my fiance so he can't come visit right now. I had looked into consular filing of the K-1 which I guess would then be after we were married and become another type of visa all together- which would require my having been in Portugal with him for six months (and married). If I can get permission to bring my daughter with me to Portugal for that time period (from her father) I will definitely consider doing that to lessen our time apart. Maybe I'm a drama queen but he left me and went back to Portugal just last week and already I feel such a loss. This only gets worse with time, doesn't it?

In this day and age it is extremely easy to really get to know someone else online. We met and clicked online and spent the five months until he visited on webcam 24-7. We even slept with it on. It wasn't real, but it kept us until he could come here.

In the meantime I will continue to seek employment like crazy.

[KayDeeCee 4,893]

Well said, and actually supports the point -- it'll be a bit of time before you are even free to marry, so use that time to get yourself straight financially or secure a willing sponsor.

Also keep in mind that while the initial I-134 sponsor has to be able to meet the guidelines entirely on their own, when you file the I-864 you and the joint sponsor can share the support burden between the two of you.

I just wanted to point out this info is not entirely correct. The joint sponsor's income for the I-864 can only be combined with yours to meet the 125% level if the joint sponsor lives in the same household as you. Otherwise, the joint sponsor will have to meet the 125% mark on their own, covering their household size + the immigrant.

To the OP> I do not think anything is wrong with gathering info beforehand. I think it is smart. I read and read and researched many months before filing the K-1 petition for my husband (fiance at that time).

For some preparation in these months while waiting for your divorce to finalize:

For the initial petition, you will need evidence of meeting in person within the last 2 years of filing. You use boarding tickets, and passport stamps as primary evidence for this. Along with supporting evidence such as receipts from those trips, and photos of you together at the time shown for the tickets and passport stamps, placing you two together at the same time. Photos with family and friends are also a big help for proving relationship at the visa interview stage. So, take pictures on different days together, wearing different clothes, in front of well known land marks, and with family. These will prove useful for acquiring the visa.

After you have an approved I-129F petition, which takes on average about 5 months at the moment to be approved, your fiance will be able to apply for a visa through his local consulate. That is the time when you will need to provide him with more proof of your ongoing relationship and the I-134, affidavit of support. You will either need to show you have enough income at the 125% level or higher for a household of 3 (you, your child and your fiance), or you will need a joint sponsor. How you work it out over the months leading up to this stage is up to you. You can either get a job to pull in enough income, that added with your child support puts you over the 125% mark, or find a joint sponsor willing to sign for your fiance. Also, having more visits in person together will help a lot. Save evidence from the visits plus your chat logs, emails, snail mails, phone logs, and photos.

Read all the guides here, for filing the I-129F petition, for what happens next at the consulate visa application stage, for filing adjustment of status after marriage, and for removal of conditions to receive the 10 year green card about 2 years after approval of adjustment of status. You have time to read through everything and get to know the process start to finish.

You have plenty of time to be very well prepared for filing the K-1 later this year. Good luck to you!

Edited July 15, 2011 by Jay-Kay

[Cercy 0]

Don't do CR1 route. You have numerous hurdles to jump through... find employment or a different sponsor, get divorced finalized, after divorce is finalized I would make sure you have a few more visits together before sending in I-129F packet. The petitions are just that... petitions. What if you get married and then go CR1 route, and then his visa is not approved? What will you do then? You need to anticipate this whole process will take a year. Would you rather collect alimony for that whole year or not? If you get married, it stops. Go K-1 route, this way you collect alimony for the next year+. Further, if his visa is denied the alimony continues. If you go get married now and go CR1 route the alimoney stops, and then in a year when you find out the visa is not approved, then what? Your #1 issue right now should be YOUR and your kid's financial situation. Don't cut off the financial support prematurely. K-1 should be the only thing you are considering.

The Alimony stops if I get a job as well. It's not a legal agreement- since this state doesn't do legal separation. Will reply to this and other posts, just wanted to reply to this bit before I forgot. Thanks.

[Ippsy Pippsy 31]

Just to make it very clear: You can't file a petition or anything until your divorce is final.

Maybe you should work on convincing your ex to let you take the kid to Portugal and move there...

[Cercy 0]

Just to make it very clear: You can't file a petition or anything until your divorce is final.

Maybe you should work on convincing your ex to let you take the kid to Portugal and move there...

Funny you should say that because he has finally agreed to let me take her there. Not permanently but for as long as it takes.

And I know that I can't file anything until my divorce is final. I've made it pretty clear that I'm information gathering for the future.

Edited July 15, 2011 by Cercy