Question about applying for K1 visa while US citizen is a student progressing to college

[Anna&Miles 0]

Hi there!

I'm new to this forum and came across it when my soon-to-be fiancee and I were putting in hard research into the main subject here. First of all, I'd like to say thank you very much for the tips, guides, experience, etc. on here as it can be very relieving and helpful.

I'm Miles, I live in the United Kingdom and am 19 years old, turning 20 next July. My girlfriend, Anna, lives in California and is 17 years old, turning 18 in January. (Please refrain from saying things along the lines of "You're too young, think about your future, etc." because we have heard it before and will do whatever it takes to be together permanently ASAP, as long as it's legal of course. Our love is as "bona fide" as anyone else's.) We have been dating for over two years, known each other for three years, have met in person while dating three times with the last time being me traveling to California to spend over a month with her. I have gone over there all three times and each time stayed at her house living with her family, who really love me and want me to stay with them.

I have just finished a two-year public services college course, acquired great A-level grades, have just begun another course in college focused on music and will be getting the best A-level grades possible when the course finishes next June. Anna will be graduating from school next year and going to college, but will be applying to colleges very soon. We understand that this whole process will cost a lot of money but we will have the money and were planning to begin the process of filing for the appropriate forms for the K1 visa when she turns 18 in January 2013. We plan to get everything as accurate and correct as possible so that everything can go as smooth as possible, and we don't have criminal records, haven't been previously married, etc., the only thing that is troubling us deeply as we feel a problem may arise due to it is how her progressing to college will affect this process.

What possible situations/obstacles could arise in relation to the whole process due to age and occupations, and specifically her progressing to college? The latter question referring to the fact that she might have to stay at a different address to the one she's been at for years to be closer to the college for example, and the whole situation with sponsoring (her mom who is a foster carer would be willing to co-sponsor).

I look forward to receiving replies and hope to meet some nice helpful people on here, as well as help my soon-to-be fiancee and I decrease that dark cloud of worry hanging over us.

Apologies if it was a long read compared to the usual post here, but I thought I'd try to give much information that could help get a better picture of this situation. Any questions that could help, just ask.

Many thanks,

Miles

[del-2-5-2014 1,339]

I could have sworn that this has been posted before.

[Anna&Miles 0]

I could have sworn that this has been posted before.

Apologies if similar posts have been posted before which is most likely, however I have done a lot of searching on this site and found no threads specific to our questions. I haven't posted on this site before today.

[Heysofia 6]

I'm in the same boat as you, I'm 19(soon) and my fiance is 21. As far as age goes with a visa, age is never really a problem because if you're 18 then your more than welcome to do the visa. At your interview(end of process) they may ask you if you think that you guys are a bit young to be married, but as long as you show that your committed to it then your fine

Co-sponsor should be fine, you just have to prove that you are able to support the household and be 125% over the poverty line, we are getting my fiance's mother to sponsor us as we both want to be doing our college soon when I finally move over. Every embassy is different, most Iv'e heard prefer that you use a family member to sponsor you as they see a friend as not a reliable sponsor, so as long as her mother's income/assets can cover you all then there will be no problem there.

Hopefully some more people will respond who have more of an input on the college situation, I do remember there being a few forum posts on people who are in college and doing this, so search around. Hope you get some more input on the out-of-home sponsor situation too

[Nich-Nick 3,354]

Just curious how much you've saved to cover the costs of the visa and greencard process?

If she is a US citizen old enough to legally marry, and free to marry (single), and has met you in person within the last 2 years, the the USCIS is not going to judge where she lives, works, studies, or how old she is. It's pretty cut and dried.

Then you are allowed to apply for a visa in London based on her approved petition. An affidavit of support from her will be required for you visa approval. Or perhaps her parents will sponsor you if she has no income. This is to assure that you will not go on the dole in the US. So one possible hitch is who will support you and makes enough to do the affidavit of support.

Other things that might make you inadmissable (visa denied) are things that might be on your police records...even cautions count. So arrests, especially for drugs or other crimes could be a problem

So if that goes well, you get to the US but can't work or get a driver's license.. Need to apply for a greencard. That requires another affidavit of support showing she earns 125% of the poverty level or has about $60,000 in caSh lying around. .

On a practical note, many immigrants think they will find a job easily. It often is many, many months to a year so consider what you will live off of and how you will cover unexpected illnesses or accidents. Medical care is not free here and is ungodly expensive.

Good luck.

[Anna&Miles 0]

I'm in the same boat as you, I'm 19(soon) and my fiance is 21. As far as age goes with a visa, age is never really a problem because if you're 18 then your more than welcome to do the visa. At your interview(end of process) they may ask you if you think that you guys are a bit young to be married, but as long as you show that your committed to it then your fine

Co-sponsor should be fine, you just have to prove that you are able to support the household and be 125% over the poverty line, we are getting my fiance's mother to sponsor us as we both want to be doing our college soon when I finally move over. Every embassy is different, most Iv'e heard prefer that you use a family member to sponsor you as they see a friend as not a reliable sponsor, so as long as her mother's income/assets can cover you all then there will be no problem there.

Hopefully some more people will respond who have more of an input on the college situation, I do remember there being a few forum posts on people who are in college and doing this, so search around. Hope you get some more input on the out-of-home sponsor situation too

Many thanks for taking the time out to reply, that's definitely nice to know I'll be sure to find out about the household income ASAP.

When you say "we are getting my fiance's mother to sponsor us as we both want to be doing our college soon when I finally move over", do you mean you're going to attend a college straight away there when you move there? I didn't think that was possible for a couple of years or something. Any information on that would be nice

Thanks again for the reply, I'll take note of it all. Good luck with your process

Just curious how much you've saved to cover the costs of the visa and greencard process?

If she is a US citizen old enough to legally marry, and free to marry (single), and has met you in person within the last 2 years, the the USCIS is not going to judge where she lives, works, studies, or how old she is. It's pretty cut and dried.

Then you are allowed to apply for a visa in London based on her approved petition. An affidavit of support from her will be required for you visa approval. Or perhaps her parents will sponsor you if she has no income. This is to assure that you will not go on the dole in the US. So one possible hitch is who will support you and makes enough to do the affidavit of support.

Other things that might make you inadmissable (visa denied) are things that might be on your police records...even cautions count. So arrests, especially for drugs or other crimes could be a problem

So if that goes well, you get to the US but can't work or get a driver's license.. Need to apply for a greencard. That requires another affidavit of support showing she earns 125% of the poverty level or has about $60,000 in caSh lying around. .

On a practical note, many immigrants think they will find a job easily. It often is many, many months to a year so consider what you will live off of and how you will cover unexpected illnesses or accidents. Medical care is not free here and is ungodly expensive.

Good luck.

I appreciate all the information given, thank you! I understand that usually approximately just over $2000 is needed for the whole process, which I can have by then but will be out of pocket for a while I guess. When I return from California just after the New Year before our education starts again, I plan to seek a job here in the UK ASAP.

How does this sound to you or anyone? We get engaged at Christmas this year, I return very early January 2013, seek work while attending college with my then fiancee turning 18 and then seeking work also while at school, and if all goes well and I am granted the visa approximately soon after we both finish our education around June/July time (hoping), travel over there for the last time and be able to stay there with her during all the processes after that if I file for SSN and marriage certificate, get married and file for AOS immediately after, and not have the wedding until we're sorted and are both in a better financial state? Lots of hope in there of course, but theoretically that's the right way to do it and should work, right?

After re-reading all of this, I just thought of something. Is it legal for a 19 year old UK citizen to actually become engaged to a 17 year old California citizen? Nothing will be filed until she turns 18 in January, but could any conflicts arise from that?

That's fantastic to know!

Getting a co-sponsor is to ensure I won't go on the dole in the US? I don't understand the relation there. Also, when you say I need to apply for a green card if I can't work, do you mean if I don't apply for EAD after getting married? Or apply for a green card if I apply and pay for an EAD and just can't find a job anywhere after a few months or something?

I read on some other sites that one should save money and wait until the AOS is approved after a couple of months to then file for EAD. Is this a good idea, just waste of time or actually incorrect information?

I have no past cautions, convictions, arrests or anything like that at all, so that's good.

Sorry for yet another question, but would it be possible to apply for and attend the next year of education in a college nearby after marriage or would I have to wait to become a US citizen to gain that ability?

Thanks a lot for your information, apologies if I wrote incorrect information or something similar.

Miles

[Heysofia 6]

You can go to college as soon as you go over, look into the college/university you want to go to. Only issue is how much it will cost you. For me the university that I want to go to, if I go there straight away they will charge me as an "International Student", which is about $30,000 a year But if I wait a year, THEN apply, then I get charged as a resident and it drops to about $9000 (which obviously I'm gonna do hahaha, so I'm gonna wait it out and save up more money)

So look into your colleges guidelines on that and see what rates they will charge you at.

Also, your reply to nich-nick, the point of a co-sponsor is to ensure that you do not become a public charge to the US government, eg. dole payments, food stamps etc. So they want to make sure that the income covers 125% of poverty guidelines to make sure you don't.

[Anh map 2,098]

You and the US citizen need to do some studying about what is required to obtain the visa.

Inexperience in life and the realities of the financial requirements often trip up couples.

Being in love is nice, but being prepared for what comes ahead is more important, regardless of age.