Request for Input on a K1 Visa

[newt_april 0]

My boyfriend is currently jobless, and will be on a state support for the next 4-5 months. We will be filing for K1 anytime soon, it's only few months away, and it will be more than 2 years since our last meeting. He has investments and assets which will make him look better than the poverty line. Nobody wants to spend for an attorney's fee. But do you think we really need to? What are the odds of getting an approval from USCIS?

Thank you in advance.

[dukeandduchess 141]

You need to have met within 2 years from the date you file (which is your NOA1 date, not the date you send the package). If you file after 2 years your petition will not be approved, regardless of having a lawyer or not.

Your fiance will need to get a job because, from my knowledge, the Phils rarely accept co-sponsors. If he has assets they must amount to 3x the 125% guideline. From what I've read, these usually need to be liquid assets in order to be considered.

Having a lawyer won't really help with either of these problems.

Edited February 13, 2012 by dukeandduchess

[Wally G! 58]

My boyfriend is currently jobless, and will be on a state support for the next 4-5 months. We will be filing for K1 anytime soon, it's only few months away, and it will be more than 2 years since our last meeting. He has investments and assets which will make him look better than the poverty line. Nobody wants to spend for an attorney's fee. But do you think we really need to? What are the odds of getting an approval from USCIS?

Thank you in advance.

You fiancee will need to either get a job or have join or co-sponsor for the Affidavit of support.

Requirements for the K1 Visa

You have met the U.S. citizen within the last two years before filing for the K1 fiance visa.

Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline. You must meet either 100% of the poverty guidelines, or meet the asset requirement. If unable to do either, you will need a joint sponsor.

The Petitioner is to file an I-134 for the beneficiary but if he or she would not qualify financially by demonstrating the means to maintain an annual income equal to at least 100% of the federal guidelines another can usually step in as a joint sponsor so long as the joint sponsor is a U.S. citizen, or lawful permanent resident, and meets the financial requirements.

U.S. sponsor's income will need to meet 100 percent of the federal poverty guideline.

2012 Annual Federal Poverty Guidelines

http://aspe.hhs.gov/poverty/12poverty.shtml

Good Luck and God Bless!!

[newt_april 0]

Thank you so much guys. His liquid asset is way more than is required because he has invested a lot after working for a long time. However, we decide to see each other again, and will file for K1 by the time he has a job, just to make sure the chance of getting approved is not slim. Thank you everyone for your advice!

God speed!