Urgent questions

[mamichou 8]

Hello All!!

I haave applied for a K1 visa on 09/04/2012 and have received a letter stating that they received my information on 09/06/2012=== and that it is being processed. The thing is that i was married and just got my divorce finalized in august. I have been legally separated from my ex since 02/2011 and met my fiance in january of 2012-- since then we seen each other twice and we decided to get a fiance visa and get married because we are both over 35 and would like to have children.

My question is will my recent divorce affect the K1?

Also i just bought a home and have spent all my money and only have $4000 in my account. iS THIS GOING TO BE A PROBLEM?

How long does it take for NOA2 if you go through CSC?

I will greatly appreciate you help

thank you

[Enigma11561 336]

Legally separated means nothing. As long as you were legally divorced before you filed your K1 you should be ok.Part of the K1 process is that you are free to get married.You needed those divorce papers to file.

[Tim/Mav 305]

I would think: As long as you were legally able to file the Petition and divorced at that time of filing then you are fine. Surely, your 129-F provided proof of being free to marry.

As far as $4000.00 in the bank or savings means nothing. What does mean something is your currant income and ability to support.

Past Tax Return, Currant Income should be the concern with presidence.

If you filed in 09/12 anticipate a NOA2 about 03/2013. that gives time. There is even more time after that if you choose to delay.

I see your concern. A divorce one month and filing the next month. But, being legally free to marry is the requirement.

[Tim/Mav 305]

Legally separated means nothing. As long as you were legally divorced before you filed your K1 you should be ok.Part of the K1 process is that you are free to get married.You needed those divorce papers to file.

The OP states: He is legally divorced in 08 and filed in 09. thats legally free. Also, he could not have filed the petition without documentation of that divorce/decree.

Otherwise denial or RFE. It looks OK to based on what I read unless theres a spider-web somewhere.

Also, I'm unfamiliar with that Country. But as I see. It should be properly executed and a legal document.

[mamichou 8]

Legally separated means nothing. As long as you were legally divorced before you filed your K1 you should be ok.Part of the K1 process is that you are free to get married.You needed those divorce papers to file.

Thank you for your quick response

I would think: As long as you were legally able to file the Petition and divorced at that time of filing then you are fine. Surely, your 129-F provided proof of being free to marry.

As far as $4000.00 in the bank or savings means nothing. What does mean something is your currant income and ability to support.

Past Tax Return, Currant Income should be the concern with presidence.

If you filed in 09/12 anticipate a NOA2 about 03/2013. that gives time. There is even more time after that if you choose to delay.

I see your concern. A divorce one month and filing the next month. But, being legally free to marry is the requirement.

Thank you for your quick response

[mamichou 8]

I did include a copy of my divorce decree and the original divorce filling which clearly showed when we got divorce. Also my fiance has request a tourist visa 2 times in the past and the last time he was denoed was in 2010. Is this going to affect us? My income right now is $38000. Is it ok? i have 2 dependents plus my fiance. My fiance is also unemployed because he was laid off from his job when the crisis started in Spain in 2011. Will this be a problem

i thank you all for your response . I'm worried a bit

[Tim/Mav 305]

Your income is sufficent.

Another Member can give a exact # on a family of 4. But, I think your way over what is needed.

The Immigrants income employed or not employed has no bearing.

Your fine.

Edited September 22, 2012 by Tim/Mav

[lillakatoussa 12]

I did include a copy of my divorce decree and the original divorce filling which clearly showed when we got divorce. Also my fiance has request a tourist visa 2 times in the past and the last time he was denoed was in 2010. Is this going to affect us? My income right now is $38000. Is it ok? i have 2 dependents plus my fiance. My fiance is also unemployed because he was laid off from his job when the crisis started in Spain in 2011. Will this be a problem

i thank you all for your response . I'm worried a bit

125% of poverty guidelines for 2012 for a family of 4=$28,812. You're fine.

[Pinkrlion 2,724]

Hello All!!

I haave applied for a K1 visa on 09/04/2012 and have received a letter stating that they received my information on 09/06/2012=== and that it is being processed. The thing is that i was married and just got my divorce finalized in august. I have been legally separated from my ex since 02/2011 and met my fiance in january of 2012-- since then we seen each other twice and we decided to get a fiance visa and get married because we are both over 35 and would like to have children.

My question is will my recent divorce affect the K1?

Also i just bought a home and have spent all my money and only have $4000 in my account. iS THIS GOING TO BE A PROBLEM?

How long does it take for NOA2 if you go through CSC?

I will greatly appreciate you help

thank you

Take a deep breath and relax, what you are doing is fine. You should be approved by your timeline dates. Complete your timeline.

Edited September 24, 2012 by Pinkrlion

[Russell T 3]

It's my understanding you have to base the income on your "taxable" income. for examble in my case I make well above the 125% but after deductions I'm well below and had to use my savings to make up the differance.

The point I'm trying to make is you can't just say her stated income is enough without knowing more

At least this is my take on how it works.

[KayDeeCee 4,896]

It's my understanding you have to base the income on your "taxable" income. for examble in my case I make well above the 125% but after deductions I'm well below and had to use my savings to make up the differance.

The point I'm trying to make is you can't just say her stated income is enough without knowing more

At least this is my take on how it works.

It is based on gross income. If you are an employee, then you prove your current income with a letter from employer and recent pay stub(s).

If you are self-employed then they will base it on line 22 of your most recent 1040, and for the self-employed that is after the the business deductions(schedule c) are taken out.