new K1 visa applicant.

[adambrooks 0]

Hi,

just signed up to VJ. I found the site whilst doing some research on the K1 visa and looking for success stories to keep myelf positive about the whole thing..this site looks perfect for this and the many questions i will probably come across along the road.

I am 27 years old and have been together with my gf Sue for two and a half years since we met online on that fateful day. She lives in Kentucky and i have been over there twice staying the full 90 days of the visa waiver. We are so madly in love that it is only something i think we both ever dreamed of..It has got to the point where it is going to be far too hard going over for 3 months and having to come back..time just goes stupidly fast and it becomes increasingly difficult being appart from eachother. Sue is an amazing woman, she is 38 and has 4 great kids with whom i have a great relationship..basically she is still married and has been trying to get a divorce for a good while now but it hasnt been easy with her husband being the way he is. We are hoping that the divorce will be signed off by the judge this thursday(fingers crossed)...

Will the fact that she was still married during the 2 and a half years we have been together have any effect on the visa application and the decission made...do they have a strong view on what on the face of things is adultery really due to the fact she was stil married when we got together even though the relationship with her husband was long over. He himself has moved on and had kids with another woman. I have told her to ask the judge if she will be free to marry as soon as the divorce is signed as one of the major requirements of the application is that you are both free to marry..i am also just really worried at the fact that there is an 11 year age difference between us (not that it really matters when it comes to love if you ask me)and she has 4 kids..we know the love is as true as it can be im just hoping the american government looks through these kind of situations..all i can do is prove and express as much as possible that we love eachother immmensely and thats all that should matter... i think im just looking for some reasurance from maybe people who have applied for the K1 visa with similar circumstances as myself.

thanks.

[ukcharlotte 4]

I'm new here too, but thought I would at least acknowledge your question until someone with more knowledge comes along! As far as I am aware, your gf will be free to marry as soon as the divorce is finalised, so applying for the K1 visa after this time shouldn't be problematic for you. She will have to submit a copy of the divorce certificate with the I-129F. With regards to you having been dating for the last 2.5 years whilst she is technically married, I'm sure that this has happened many times before. In fact, I imagine numerous people have divorced their previous partner because they wanted to marry someone else - foreigners included. I'm positive you aren't alone in this.

For now you need to focus on getting the divorce finalised so that you fulfil the 'I am willing and able' part of the requirements. I don't think the 11 year age gap will be an issue as judging by some of the relationships described on these forums, 11 is quite small!

I'm sure someone will correct me if I am wrong on any of these points

Best wishes for your future!

[skiptex 225]

she needs to be divorced first..

only after that can she start process..

if not, it won't happen.. is there a reason, no divorce yet?

[ffp 2]

I would think little bit more ahead. After she divorce and she is the petitioner so later on you will need audit of support from her. So she should have a good job or a sponsor who will match 125% of poverty level.

[skiptex 225]

I would think little bit more ahead. After she divorce and she is the petitioner so later on you will need audit of support from her. So she should have a good job or a sponsor who will match 125% of poverty level.

ooh goodness yes!!

for her + 4 kids + lover = 6 = $37,487.. that is the MINIMUM she needs to be earning for yearly wages...

http://www.uscis.gov/files/form/i-864p.pdf

i assumed that all 4 kids are her dependents and under 18

[Harpa Timsah 13,258]

I'm new here too, but thought I would at least acknowledge your question until someone with more knowledge comes along! As far as I am aware, your gf will be free to marry as soon as the divorce is finalised

In some states, this is not true. There is a case on this board right now where the person had signed the divorce cert, but her state had a waiting period for getting remarried after divorce, and she did not wait, and her K-1 petition was denied. OP - Good idea to ask if there is any sort of waiting period in her state for remarriage.

[adambrooks 0]

ooh goodness yes!!

for her + 4 kids + lover = 6 = $37,487.. that is the MINIMUM she needs to be earning for yearly wages...

http://www.uscis.gov/files/form/i-864p.pdf

i assumed that all 4 kids are her dependents and under 18

Some very useful information coming through already, thanks everyone for your input.

The reason she is not divorced yet is that it has been very tricky to track her husband down and get him to sign any papers so alternative routes have had to be taken..she has been actively trying for well over a year now to get the divorce having visited the courts many times even whilst i was over there. She also had a sheriff serve him with the papers. We are hoping that the divorce will be signed off this thursday and i told her to ask the judge about being free to marry so there are no problems from the off.

Another major point has been raised which has been on my mind and that is to do with income so here is the situation...in her house there is herself, 2 daughters aged 15 and 17 (turns 18 in march), 2 sons aged 18 and 21 and she also looks after her gma (she is living in her gma's house whilst taking care of her)she is not getting paid to look after her gma but has been told it is possible and really she should because she does have her hands full. The nurses do visit regularly to help out. So as of March i guess she only has one dependant kid wise. She usually goes in and out of temporary work earning enough to get by but is looking for more fulltime work as there is always somebody in the house to make sure her gma is ok.

Reading the form you gave me i make out that she would need to be earning $18, 387 to meet the 125% poverty line requirement since 2 children are under 18 (up until march) or is the figure based on total household income for all residents whatever the age?..i see this is going to be a tricky one.

is the affidavit of support an absolute requirement in the K1 visa process as i need to be supported before i am able to work legally in the USA?

also do they take into account what i would be currently earning in the UK?

thanks.

[jayne d 12]

Hi, I understand that there is a 60 day wait before you can remarry after divorce in Kentucky.

Here is some basic information http://usmarriagelaws.com/search/united_states/divorce_laws/divorce_and_remarriage/index.shtml

Make sure you apply after the required waiting period otherwise the petition will be denied.

[ffp 2]

Yes. You will need her I-134 from filled out. As gov does not wanna people who will be sitting on gov neck. So the person from US should have enough money to support the other half.

According to guide she need like 3 years of Tax returns and 6 month paychecks too. Also letter from employer how much she get and full/part time job.

You can see that in guide of K-1 Visa on this forum.

[skiptex 225]

Reading the form you gave me i make out that she would need to be earning $18, 387 to meet the 125% poverty line requirement since 2 children are under 18 (up until march) or is the figure based on total household income for all residents whatever the age?..i see this is going to be a tricky one.

if you submit after March.. it will (US Fiance + 1 minor child + YOU = 3 = $23,612

this is assuming Grandmother is not her Dependent.. if so, then you would add grandma and it goes up to 4 = $27,397.. you can see this on chart hunder HOUSEHOLD SIZE

is the affidavit of support an absolute requirement in the K1 visa process as i need to be supported before i am able to work legally in the USA?

it is a must.. if she can't do it, then she will need to find a co sponsor to do it for you and be legally responsible for you & their family.. not her & her kid.. thats what they would sign...

also do they take into account what i would be currently earning in the UK?

No, it is all on the US Citizen, maybe some assets thing i have seen.. but then it makes complicated and longer.. Keep It Simple

[adambrooks 0]

@ jayne d..thanks for the marriage law form i will show this to her.

@ ffp..thanks for the info on what kind of documentation she needs to supply regards to income and direction to relevant forum..i will look into this further.

@skiptex..thanks a lot for your response. Im pretty sure her grandma pays for her own care so that would make income for three of us from march. This clears a lot up for me regards to the financial side of things, obviously i will also look into it myself but it is certainly a good start for getting my mind across things. At the current time i know her financial situation is pretty tight so we will have to work out whats going on and what her plans are for sure all i know is that either of us will do what has to be done for us to be together:)

thanks.

[J and S 38]

Some very useful information coming through already, thanks everyone for your input.

The reason she is not divorced yet is that it has been very tricky to track her husband down and get him to sign any papers so alternative routes have had to be taken..she has been actively trying for well over a year now to get the divorce having visited the courts many times even whilst i was over there. She also had a sheriff serve him with the papers. We are hoping that the divorce will be signed off this thursday and i told her to ask the judge about being free to marry so there are no problems from the off.

Another major point has been raised which has been on my mind and that is to do with income so here is the situation...in her house there is herself, 2 daughters aged 15 and 17 (turns 18 in march), 2 sons aged 18 and 21 and she also looks after her gma (she is living in her gma's house whilst taking care of her)she is not getting paid to look after her gma but has been told it is possible and really she should because she does have her hands full. The nurses do visit regularly to help out. So as of March i guess she only has one dependant kid wise. She usually goes in and out of temporary work earning enough to get by but is looking for more fulltime work as there is always somebody in the house to make sure her gma is ok.

Reading the form you gave me i make out that she would need to be earning $18, 387 to meet the 125% poverty line requirement since 2 children are under 18 (up until march) or is the figure based on total household income for all residents whatever the age?..i see this is going to be a tricky one.

is the affidavit of support an absolute requirement in the K1 visa process as i need to be supported before i am able to work legally in the USA?

also do they take into account what i would be currently earning in the UK?

thanks.

IRS doesn't assume that as soon as a person turns 18 they are no longer a dependent. It is whatever she claimed on her taxes (or in this case, what she will be claiming on her 2011 returns). I say this, because I was filed as a dependent on my parent's taxes until I was 20 because they helped me through college. The most simple thing is to ask her how many people she'll be claiming on her taxes, and this will determine what her poverty line requirement is.

Second, for the Affidavit of Support, you only need ONE year's tax return with W-2 or the transcript. I had previously thought it was 3 years as well, but the instructions clearly state only the PREVIOUS year's tax returns. It also does not give a number for how many pay stubs is needed. Many people on the forum have submitted as few as 3 to accompany their tax returns, and they receive their visa just fine. If the Embassy specifically asks for more, then give them what they ask for, as each Embassy works a bit different.

Last, I second and third and fourth what other VJ members said about asking in terms of the freedom to marry timeframe.

Goodluck! If you get all your ducks in a row, you should be fine. Don't worry about the age difference as well. I've seen plenty of members from the forums with large age gaps get their visas just fine. ... just as long as you're not going through a high fraud consulate, than you should be good.

[mad1nola 4]

Hi,

just signed up to VJ. I found the site whilst doing some research on the K1 visa and looking for success stories to keep myelf positive about the whole thing..this site looks perfect for this and the many questions i will probably come across along the road.

I am 27 years old and have been together with my gf Sue for two and a half years since we met online on that fateful day. She lives in Kentucky and i have been over there twice staying the full 90 days of the visa waiver. We are so madly in love that it is only something i think we both ever dreamed of..It has got to the point where it is going to be far too hard going over for 3 months and having to come back..time just goes stupidly fast and it becomes increasingly difficult being appart from eachother. Sue is an amazing woman, she is 38 and has 4 great kids with whom i have a great relationship..basically she is still married and has been trying to get a divorce for a good while now but it hasnt been easy with her husband being the way he is. We are hoping that the divorce will be signed off by the judge this thursday(fingers crossed)...

Will the fact that she was still married during the 2 and a half years we have been together have any effect on the visa application and the decission made...do they have a strong view on what on the face of things is adultery really due to the fact she was stil married when we got together even though the relationship with her husband was long over. He himself has moved on and had kids with another woman. I have told her to ask the judge if she will be free to marry as soon as the divorce is signed as one of the major requirements of the application is that you are both free to marry..i am also just really worried at the fact that there is an 11 year age difference between us (not that it really matters when it comes to love if you ask me)and she has 4 kids..we know the love is as true as it can be im just hoping the american government looks through these kind of situations..all i can do is prove and express as much as possible that we love eachother immmensely and thats all that should matter... i think im just looking for some reasurance from maybe people who have applied for the K1 visa with similar circumstances as myself.

thanks.

I, too was married when I met my now fiance. I got my divorce approx. 6 months after we got engaged in January 2011. We planned to marry in Dominican Republic. I flew there for a week, in October, so that we could exchange vows. Everything was set: padrina, madrina, he had our engagement/wedding rings and honeymoon. But was refused because a woman must be divorced 10 months (now it's 8)before she care remarry. Here in the states there is no waiting period but he doesn't have a visa to go outside of DR. We were devastated!!! So when I dragged my self back here we decided to go for the fiance visa.

Anyway, like you, I hope that won't cause a problem. I didn't even mention in petition that we tried to marry there. Also there is an age difference of 9 years between us. And from what I've read that is another one of those "red flags"! but I am hoping and praying that they will see the evidence and know that we really love each other.

Sorry, I couldn't be more reassuring but just stay positive and know that what is meant for you no one can take away!