Am I screwed?

[burrorc 0]

My case is so different, I'm afraid that I'm screwed before I even begin. I'm a college graduate but have been doing humanitarian/missions work for 3 years in Honduras. I met my fiancee there. Now, my problems are that I really don't "live" in the US at this time. I live in the states for a months at a time, mostly just to earn enough money to come back to Honduras. I've put down my parents address as my own. Am I going to have major issues with the fact that I'm not really living in the states? I plan to after I get married but at this time I'm not.

And another question. I have been volunteering ever since I graduated college. So I've never made much money to speak of. I haven't filed a tax return in a couple of years cause I've never made more than 3 grand a year. So tax information is going to be pretty lacking in my case. I also know that I need a co-sponsor. My parents have just bought a business and were unemployed(taking a sabbatical) for a couple of years. I'm afraid to use them as co-sponsors because although they have property and investments, they have no income per se. My second choice is to use my grandparents. They get 2 or 3 pension checks and are more than capable of being my co-sponsors. However they live in New Mexico, and my "address" in the Georgia. Is it going to be a big issue that I don't live in the same state with them?

Please

[snz1802 0]

I don't think it matters where you are staying abroad, as long as you are a United States Citizen, with a United States residence, you should be able to apply for the K1, you will have to return the states however , once it is approved to be married, and AOS. As for your grandparents being your co-sponsor, I don't think it matters that they live in a different state than you either. Someone correct me if I am wrong???? I am sure other more experienced VJ's may have better answers than mine.

[Peter Miami 0]

I don't think it matters where you are staying abroad, as long as you are a United States Citizen, with a United States residence, you should be able to apply for the K1, you will have to return the states however , once it is approved to be married, and AOS. As for your grandparents being your co-sponsor, I don't think it matters that they live in a different state than you either. Someone correct me if I am wrong???? I am sure other more experienced VJ's may have better answers than mine.

I believe this is correct.

[meauxna 15]

My case is so different, I'm afraid that I'm screwed before I even begin. I'm a college graduate but have been doing humanitarian/missions work for 3 years in Honduras. I met my fiancee there. Now, my problems are that I really don't "live" in the US at this time. I live in the states for a months at a time, mostly just to earn enough money to come back to Honduras. I've put down my parents address as my own. Am I going to have major issues with the fact that I'm not really living in the states? I plan to after I get married but at this time I'm not.

And another question. I have been volunteering ever since I graduated college. So I've never made much money to speak of. I haven't filed a tax return in a couple of years cause I've never made more than 3 grand a year. So tax information is going to be pretty lacking in my case. I also know that I need a co-sponsor. My parents have just bought a business and were unemployed(taking a sabbatical) for a couple of years. I'm afraid to use them as co-sponsors because although they have property and investments, they have no income per se. My second choice is to use my grandparents. They get 2 or 3 pension checks and are more than capable of being my co-sponsors. However they live in New Mexico, and my "address" in the Georgia. Is it going to be a big issue that I don't live in the same state with them?

Please

I don't know if you're 'screwed' in your case, but I'm wondering about your homework, so just a few questions and observations...

How have you been living in Honduras for the past 3 years? On any type of formal visa or just doing tourist entry border runs? I understand if it's the latter, but if might make a difference if you are able to marry there and petition locally for your spouse instead of going through the lengthier fiance process.

Even if you are living there legally, but temporarily, there is a concept described as 'temporarily living abroad' that allows you to still consider the US your domicile. Domicile is different than residence.

If your parents have sufficient, documented resources to file as Joint Sponsors, there is no requirement for them to be employed. Income comes from many sources, and assets that qualify can be used to make up any shortfall.

Joint Sponsors are required to be US Citizens or Permanent Residents who are domiciled in the US. There is no requirement for them to live in the same state as you.

I do recommend that you use a stable US mailing address where someone will collect your mail for you.

[burrorc 0]

I appreciate everyone's response. I guess I'm not as much concerned about the address thing as I am about the co-sponsor issue. It's just that the whole process is so long and so freaking intricate that I want to have as few questionable issues as possible on my paperwork. I just think that if my grandparents are the co-sponsors then the financial issue is a lot simpler. But I don't want any problems because they live on the other side of the country.

[meauxna 15]

I appreciate everyone's response. I guess I'm not as much concerned about the address thing as I am about the co-sponsor issue. It's just that the whole process is so long and so freaking intricate that I want to have as few questionable issues as possible on my paperwork. I just think that if my grandparents are the co-sponsors then the financial issue is a lot simpler. But I don't want any problems because they live on the other side of the country.

Wow, I just saw what your local office is.. please, do yourself a favor and look at the timelines for AOS in Atlanta (time before your wife gets a Green Card) and then look at the info on DCF (Green Card at entry). I think you will be amazed, and you might have a great opportunity in front of you.

[Kajikit 65]

No you're not screwed. There's no law that says you have to be living in the US before you file for a K visa... you just have to be intending to live there after the visa is obtained

[jaaaaamas 0]

I am the USC and at the time my husband and I applied to have him come to the UK on a K-1, I was actually living in the UK with him and had been doing so for the past year. I put my home address in the States down as my current address, despite the fact that I actually wasn't living there at the time. This was not a problem, but I did include a note in one of my packets that explained my situation and that I was living abroad for the time being. This didn't seem to be a problem at all, and I would suggest letting them know as soon as you can.

I was also a student and hadn't worked a day of my life, so also had no income or taxes or anything at all to show them. My aunt was the cosponsor and they looked only at her documents and didn't bother with me, because of the situation. They were extremely understanding about that.

Good luck to you. I have every confidence you will be fine.

[MrsDarby 0]

The requirements to fall above the poverty line according to immigrations is actually not a lot of money per year. Basically if your parents are surviving and able to support themselves, they would probably fall above the poverty line. Therefore they could be your co-sponsor.

I believe you could use your grandparents too. I don't think it has to be someone you are living with. It just has to be someone who would agree to be responsible financially for your fiance if you can't (so he doesn't use goverment funded resources).

You are a US citizen and that's what matters. It's fine to just write your parents' address on your paperwork. I lived out of the country for awhile as we've gone through this process with no problems.

[ufkenmill 0]

You're not screwed, I sent you a PM. I did the same thing as you and got approved last week...