Someone on disability and K-1 Visa

[nemozed 1]

I have a friend on social security disability. He lives on an income about $7,000 a year. He struck up a relationship online with a woman and they wish to marry. He has a co-sponsor with a very good income, resources and assets. Is it possible for someone in this situation to successfully bring his fiancee to the U.S. or is his income just to long even with a very strong guarantor-co-sponsor?

[Harsh_77 718]

Yes it is possible as long as they met all the requirements.

Financial and also the one of meeting in person.

[nemozed 1]

The poverty guidelines are the poverty line for a family of two + 25% 17,500. His income is over $10,000 below that. But the co-sponsor guarantees her support. She already has a job waiting for her. And the man on disability has been to visit her and does have all the money to pay for the expenses, fees and so on to get her over here. So, just to make sure I am clear, the USCIS would approve such an arrangement? I apologize for asking the same question again I just want to make sure that I am absolutely clear on this before I relate this information to him. Thank you for your reply.

[VanessaTony 3,567]

The poverty guidelines are the poverty line for a family of two + 25% 17,500. His income is over $10,000 below that. But the co-sponsor guarantees her support. She already has a job waiting for her. And the man on disability has been to visit her and does have all the money to pay for the expenses, fees and so on to get her over here. So, just to make sure I am clear, the USCIS would approve such an arrangement? I apologize for asking the same question again I just want to make sure that I am absolutely clear on this before I relate this information to him. Thank you for your reply.

No he would not succeed if she is from the Philippines. They do not tend to approve co-sponsors there for K1 visas unless the petitioner is a student and thus has a prospective higher income. It would be better if they were to marry and do a CR-1 visa instead. As a K1 entrant she won't be able to work for at least 3 months from filing the paperwork (after entry and after marriage). They are more open to co-sponsor with a CR-1 visa application.

[C-ma'am 684]

The poverty guidelines are the poverty line for a family of two + 25% 17,500. His income is over $10,000 below that. But the co-sponsor guarantees her support. She already has a job waiting for her. And the man on disability has been to visit her and does have all the money to pay for the expenses, fees and so on to get her over here. So, just to make sure I am clear, the USCIS would approve such an arrangement? I apologize for asking the same question again I just want to make sure that I am absolutely clear on this before I relate this information to him. Thank you for your reply.

Is this woman from the Philippines? If so, being approved with a co-sponsor could pose a challenge, as they normally do not accept them for K1 Visas; only for spousal visas.

What the other member was asking you is this:

Has your friend met his love interest, face to face, at least once in the past two years? This is a MUST. If they haven't been together, in the same time and space, within the past 2 years, his petition will be denied right off the bat.

As a suggestion, please tell your friend to keep in mind that there are high fees associated to these processes and he should really do the math if he is on such low income.

[Penguin_ie 5,997]

I agree with Vanessa& Tony, they would not succeed in the Philippines. They should consider marrying, a joint sponsor will be allowed then.

[Thomas and Kristi 17]

Hi there, disability specialist here (private disability and not government, but we tend to work together from time to time).

I want to point out that SSDI is not considered permanent income. It is only as long as the person is unable to work. The Social Security Administration periodically reviews all cases to make sure recipients continue to qualify for benefits. It is possible they would not consider his SSDI income as a stable income, unless he can get Social Security to say they will pay him benefits forever. It's not about being able to pay for the process, it's about being able to support the person when they are here and waiting for a job. They want to make sure they person does not become a public charge and that you are capable of providing a living for them (especially in these hard economic times). She may have a job waiting for her, but unless she's approved to work in the US, you could be waiting for months before she can legally start that job.

Also, the poverty guidelines are not $17500. They are $ 18912 for a household of 2, unless you are in Hawaii or Alaska. Please see the following: http://www.uscis.gov/files/form/i-864p.pdf

Edited August 9, 2012 by Thomas and Kristi

[nemozed 1]

What is a CR-1 visa? And what kind of student would she have to be in order to facilitate getting approval to come here?

[Harsh_77 718]

What is a CR-1 visa? And what kind of student would she have to be in order to facilitate getting approval to come here?

CR1 is a spousal visa for which your friend will have to be married.

The petitioner has to be student not the beneficiary.

[nemozed 1]

So, instead he has to come up with the money to go the Philippines again and file there for a k-3 visa? And the costs of that are about the same as the K-1? I have heard the k-3 takes far longer to get done than the K-3. He would have to live over there for how long in order to go through the process? And what, would the co-sponsor or joint sponsor send in his forms and financial information from the states?

[C-ma'am 684]

So, instead he has to come up with the money to go the Philippines again and file there for a k-3 visa? And the costs of that are about the same as the K-1? I have heard the k-3 takes far longer to get done than the K-3. He would have to live over there for how long in order to go through the process? And what, would the co-sponsor or joint sponsor send in his forms and financial information from the states?

K3 visas are no longer in effect. He will have to apply for a IR-1 / CR-1 visa.

Here's the comparison between these visas http://www.visajourney.com/content/compare#ircr1

[Nomi and Noor 0]

Hi there, disability specialist here (private disability and not government, but we tend to work together from time to time).

I want to point out that SSDI is not considered permanent income. It is only as long as the person is unable to work. The Social Security Administration periodically reviews all cases to make sure recipients continue to qualify for benefits. It is possible they would not consider his SSDI income as a stable income, unless he can get Social Security to say they will pay him benefits forever. It's not about being able to pay for the process, it's about being able to support the person when they are here and waiting for a job. They want to make sure they person does not become a public charge and that you are capable of providing a living for them (especially in these hard economic times). She may have a job waiting for her, but unless she's approved to work in the US, you could be waiting for months before she can legally start that job.

Also, the poverty guidelines are not $17500. They are $ 18912 for a household of 2, unless you are in Hawaii or Alaska. Please see the following: http://www.uscis.gov/files/form/i-864p.pdf

I posted earlier on this forum about the fact that I am on SSDI of $1000/month and Disability insurance Income of almost $4000 (Total $5000/month), and I was told by someone here that this income would be ok. I am undergoing Lymphoma treatment and will have a bone marrow transplant next month. Hopefully, if I come thru well, I plan on getting back to work in my field again. Do I need to attached my degrees, certifications, and resume with the paperwork my fiance takes to the interview so they are satisfied that I can take care of her after my disability is over, which will last at least one more year if not two or three?

[Thomas and Kristi 17]

I posted earlier on this forum about the fact that I am on SSDI of $1000/month and Disability insurance Income of almost $4000 (Total $5000/month), and I was told by someone here that this income would be ok. I am undergoing Lymphoma treatment and will have a bone marrow transplant next month. Hopefully, if I come thru well, I plan on getting back to work in my field again. Do I need to attached my degrees, certifications, and resume with the paperwork my fiance takes to the interview so they are satisfied that I can take care of her after my disability is over, which will last at least one more year if not two or three?

I would think that because your regular income was enough to support your fiance (based on your SSDI income you are receiving and I'm assuming an IDI policy?), I would think that would be fine. It certainly couldn't hurt to send that to your fiance for the interview so he/she will be able to show it to the CO if they have concerns, though I don't know if it will come up during an interview or not. I'll be interested to see how that turns out though so keep me informed! Best of luck on your transplant!

[Que Saudade 284]

I posted earlier on this forum about the fact that I am on SSDI of $1000/month and Disability insurance Income of almost $4000 (Total $5000/month), and I was told by someone here that this income would be ok. I am undergoing Lymphoma treatment and will have a bone marrow transplant next month. Hopefully, if I come thru well, I plan on getting back to work in my field again. Do I need to attached my degrees, certifications, and resume with the paperwork my fiance takes to the interview so they are satisfied that I can take care of her after my disability is over, which will last at least one more year if not two or three?

Please do not hijack the OP's thread. Start one of your own so people can answer your situation within that thread. This confuses people.

Edited August 10, 2012 by Que Saudade

[bayojona3231 4]

Everyone is correct. No co-sponsor for k1 application in the Philippines. He needs to go to Philippines;marry his love interest and apply for a CR1. He can use a co-sponsor On a CR1 visa. Good luck. I love the Philippines.