k-1 visa lawyer-possible hard case

[adambrooks 0]

hi, I have been with my girlfriend for three years and we are looking into getting a fiance visa. I would happily go through the process myself if i felt i wasn't going to bump into any problems. my main concern is that we probably don't meet the requirements for the affidavit of support.. We are both normal people but neither of us has enough money coming in to meet the requirements for this section of the visa.. i know that it wouldn't be a problem to go over there without this stupid money requirement and be able to stay with my gf and get everything sorted and get into work.. i have been over there twice for 3 months on the visa waiver and we have been fine both times and iI have stayed for the full duration..Do you guys think that a lawyer would help us to get through that step? can we get through it ourselves? thanks.. I'm also just really worried about getting refused

[aws&ndd 103]

A lawyer couldn't help you any more than you could if you did it yourself. If you have problems with meeting the requirements for an affidavit of support, then you just need to secure a co-sponsor. It's as simple as that.

[KVM 6]

I believe England, as many other countries, allows a co-sponsor (somebody who meets the affidavit requirements and is willing to sponsor you in the K1 visa step, which is not a binding contract like the sponsor in AOS). Members from England will be able to tell you better than me; you should go and check in the country's portal as well.

Also, you don't really need a lawyer for this process; it is long and there will be lots of paperwork to do, but you can do it. Read the guidelines carefully and ask the members every time you don't understand something!

[Penguin_ie 5,994]

A lawyer cannot help you find loop holes for the affidavit of support, because there are none, so save your scarce money. As the others have said, a co-sponsor is the way to go, unless your US fiance can secure a second/ better job.

[adambrooks 0]

Thanks for the replies so far.. i need to clarify how the affidavit of support works.. basically am iIright in saying that my income as the foreign fiance is not even taken into account? so basically if my American fiance does not meet the requirements for then affidavit of support we need a co-sponsor who does and that's all there is to it?

[KVM 6]

Yes, is your fiance (US citizen and petitioner) who fills out the affidavit of support in your favor (the beneficiary). If he doesn't qualify, another US CITIZEN must co-sponsor you

[C-ma'am 684]

Yes, is your fiance (US citizen and petitioner) who fills out the affidavit of support in your favor (the beneficiary). If he doesn't qualify, another US CITIZEN must co-sponsor you

Another US Citizen or a LPR (Legal Resident)

It can be a family member or a friend.

[adambrooks 0]

Ok thanks..anybody know if this us citizen has to be in the same state?.. If not it leaves us with more options

all we can do is just go for it but if it gets rejected it is going to be devastating

[adambrooks 0]

there is another problem because iI read somewhere about the us citizen fiance being on benefits or food stamps and stuff like that can really go against the application even when a secure co sponsor is involved.. She does do temporary work every year but she is in and out of that stuff.. It's not her fault though she also has her gma to look after.. She is pretty much her carer.

[adambrooks 0]

she isn't on unemployment benefits from what I know but she does receive food stamps I know this for sure.. I'm sick of everything always coming down to money and status.. It's cruel!..i can clarify her exact situation when I talk to her later.. It's not really something we talk about.

[Harpa Timsah 13,258]

London does allow self-sponsorship in some cases.

You can talk about it being fair, but the system is designed so that immigrants don't come here and start taking welfare. It's not fair to other americans to pay for immigrant's welfare, so to prevent that, immigrants need a sponsor. You are also not eligible for benefits for 5 years, so if something happens and your fiance doesn't have a solid job, things go south very quickly. The amount they ask for is very low.

Also, you will not be able to work until you pay another $1070 for adjustment of status and get work approval. The process is very expensive.

[Darkmoonfaerie 19]

The co-sponsor can be in any state, they just have to be a US citizen. Does she have assets? She can make up the difference if she's short of funds. It has to be 3X the 100% needed in income though. Just a question...if she is receiving benefits and has no steady employment, how does she plan to support the two of you until you can work (3-6 months)? She can continue to receive benefits, but you cannot get them.

[adambrooks 0]

well here's the other thing..her and her kids live with her gma so she doesn't even have her own house..We always got by when iI was over ther.. as long as we have food and a roof over our heads we can always get by.. She doesn't have to pay rent or anything like that as her gma has that all sorted.. i would obviously have to go over there with money and that was a useful thing to know about how much it costs for the change of status.. i am in work myself at the moment but on part time at around 30 hours per week it is temp and the contract is up at the end of October but iI will be moving sraight into another job at the end of it.. This is why it has me really worried.. The circumstances are far from perfect and they are going to know this and it is going to give them a doubt as to whether this can work whereas we know it isn't a problem at all.

[C-ma'am 684]

well here's the other thing..her and her kids live with her gma so she doesn't even have her own house..We always got by when iI was over ther.. as long as we have food and a roof over our heads we can always get by.. She doesn't have to pay rent or anything like that as her gma has that all sorted.. i would obviously have to go over there with money and that was a useful thing to know about how much it costs for the change of status.. i am in work myself at the moment but on part time at around 30 hours per week it is temp and the contract is up at the end of October but iI will be moving sraight into another job at the end of it.. This is why it has me really worried.. The circumstances are far from perfect and they are going to know this and it is going to give them a doubt as to whether this can work whereas we know it isn't a problem at all.

You should consider what the situation could be if grandma is out of the picture, God forbids something happens to her, but if it did; what would happen with that house? You may not have a roof over your head anymore.

I know it's not something you want to think about, but that scenario should be taken in consideration. If the house is clear and say that your fiancee gets a clear inheritance, fabulous... but, if I were you, I would like to know.

There's a saying in Argentina: "With you, bread and onions" and it refers to sticking together even if there're only bread and onions to feed yourselves on. While this is a very romantic thought, the reality of it can be very hard, especially with children involved.

Edited September 21, 2012 by Celeste & C

[Anh map 2,098]

well here's the other thing..her and her kids live with her gma so she doesn't even have her own house..We always got by when iI was over ther.. as long as we have food and a roof over our heads we can always get by.. She doesn't have to pay rent or anything like that as her gma has that all sorted.. i would obviously have to go over there with money and that was a useful thing to know about how much it costs for the change of status.. i am in work myself at the moment but on part time at around 30 hours per week it is temp and the contract is up at the end of October but iI will be moving sraight into another job at the end of it.. This is why it has me really worried.. The circumstances are far from perfect and they are going to know this and it is going to give them a doubt as to whether this can work whereas we know it isn't a problem at all.

If you need to be able to work as soon as you arrive, then the fiance visa is not what you want to pursue. It will be a few months after you marry (assuming that you file for adjustment of status asap) that you will be employable. If that's the case, then you should marry and then the USC spouse can petition for you. When you enter with the CR1 spouse visa you are work authorized right away.