Petitioner is a student....

[naomiandadam 1]

Hello,

Quick question: My fiance who will petitioning on my behalf for the K1, is a student. He will graduate in May 2013. We plan to apply for the I-129F shortly in the next couple of weeks, with the intention of hopefully getting it in time for Xmas. I plan to live with his parents for the 5 months until he graduates by which time I will have a job (hopefully) and he will graduate - all in an ideal world obviously! And then we will live together. Is him being a student going to affect our application at any point? He doesn't work during the year, only during the summers. Thanks in advance.

[ThisTooShallPass 1]

my husband was a student when he filled and he still is. Im assuming he wont meet the poverty guideline in which case youll need a cosponsor but if he does then it doesnt matter

[Inky 1,111]

The only problem it causes is that you will have to find a co-sponsor because he has no income.

The co-sponsor needs to make 125% of the poverty guidelines for their family + you. Here is the guide sheet http://www.uscis.gov/files/form/i-864p.pdf

As long as someone makes enough and can co-sponsor then you are fine.

Make sure you research AOS because you cannot start working until you have the EAD or green card in your hand. AOS is filed after marriage once in the USA and it takes 3-4 months to get an EAD after filing AOS so you need to add on the time it takes you to marry and file for AOS to the 3-4 month wait time for the EAD card.

Its likely you wont be working for 5+ months.

[naomiandadam 1]

Ok great thanks for your help. We can get a co-sponsor im pretty sure, and the reason why we are deciding to do it now rather than wait till he graduates is so that I can live with his parents (not ideal I know but they are lovely) and will put me up financially, food etc, since I cant work for a while. Seems to make more sense than being dependant upon him right away! We will see each other on weekends though, and even that will be a huge step forward from England!!

Thanks again!

[Nich-Nick 3,354]

Hello,

Quick question: My fiance who will petitioning on my behalf for the K1, is a student. He will graduate in May 2013. We plan to apply for the I-129F shortly in the next couple of weeks, with the intention of hopefully getting it in time for Xmas. I plan to live with his parents for the 5 months until he graduates by which time I will have a job (hopefully) and he will graduate - all in an ideal world obviously! And then we will live together. Is him being a student going to affect our application at any point? He doesn't work during the year, only during the summers. Thanks in advance.

You likely won't have the visa by Christmas if that makes any difference to you plans. The petition part may be done, but there's a bit of time at NVC, then your part applying for the visa in London. It could be Feb before you go to the US allowing an average timeline. Some new to the process are confused when USCIS says processing takes 5 months. Thats only for the I-129F petition. Then there's a couple of months on your side of the pond to apply for the visa from the Dept of State (embassy).

Edited June 10, 2012 by Nich-Nick