K-1 Questions

[kdude1 3]

Hi! I've done some research.. Amazed at the varying answers out there. I have some questions that I would love to have a clear answer on.. Thanks to anyone who can help me with these.

Our situation is that my girlfriend moved to Australia to live with me and has been here for years. She is an Australian perm resident now. We want to get married soon, we want to live in the US to be closer to her family. We also want to marry in the US so her family can attend (I have a small family so we want to have the wedding near her big family, in her home state).

So it looks like the K-1 visa is the appropriate visa for us. Here are some of the things I couldn't find answers to in research (Or I found many, many contrasting answers lol).

1. Can the US petitioner apply for the K1 while living in Australia? When my Consular interview is coming up, she would then go back to the US and set up domicile by renting a place. We just don't want her to leave and rent as soon as we file the K1, as that would cost more and we would have to be separated for longer. So we would prefer if we could file the K1 from Australia and have her leave at the latest possible time to rent our home in the US that we will live in after we get married. Then she will stay in the US while I go through the interview process and hopefully get approved and go over there to get married. While filing for the K1, we could use her dad's address (which we stay at when we visit the US) if this is permitted. Then when I go to the consular interview I will have the new address that she has gone over and rented. Is this okay for the K1?

2. We are both in our early 20s- she (the petitioner) does not have an income, therefore she cannot be a full sponsor, we only have savings. Her dad will probably be happy to be a co-sponsor- however he is retired.

I am wondering, with the K-1 visa, is there a set amount of income/assets we must have, or is it just the interviewer's decision as to weather they think the beneficiary will become a public charge or not? If I bought evidence to the interview of savings and a co-sponsorship form from the petitioner's father, would that likely be sufficient?

Finally, can someone please explain to me exactly at what point in the process I will be required to show finances and the co-sponsorship forms? Does this happen at the K-1 consular interview, or at the Adjustment of Status interview after marriage, or BOTH? What are the official financial requirements that I will have to satisfy at the consular interview and the Adjustment of Status interview after marriage?

Thank you!

Edited February 16, 2013 by kdude1

[Adriana&Karel 7]

hi kdude1.

i fear i have bad news

In order for the petitioner to apply for the K1 he/she needs to do it in the US. If there is something this long process has shown me is the fact that is a very hard, costly, and overall sad and tiring journey. I am pretty sure everyone here has gone through hard times because we dont want to be separeted from our fiances, the distance, paperwork, and money worries with the affidavits and sponsors, etc put a lot of stress in our relationships, but is a sad reality we all had to face at a certain point.

I think that in order to improve your chances for approval your fiance must come to the US, even if it means being separated from you, the reason being it is mostly "Money". The petitioner has to be able to prove after applying that he/she would be capable to mantain the household and promess that the the beneficiary wont become a bourden to the country by asking for goverment help.

The issue here it is not really the address you will use to get the mail delivered to, but instead the financial history she is going to be able to show once the case is moving along and she is prompt with the request for the financial affidavit, in order for her to do that, she has to get 3 years of Tax returns, and earn an income over the poverty guides, enough to provide for you, your fiance and any other dependent at least until fiance adjustes the status and that wont happen until the beneficiary readjust the status, if she doesnt have a job then she needs a co-sponsor...i take her dad is willing to help, but you might want to investigate this deeply because i read here before about a case with a retired co-sponsor that got rejected.

As far as the question of when do you have to show them, i think is both times...but i am not sure since i am still waiting for my NOA2...I hope this little bit of information was helpful for you and your fiance.

Good Luck and cherish every second together while you can!

[QueenOfBlades 224]

For the financial side of things -

You will have to show the I-134 forms at the interview. One from the petitioner, one from the joint-sponsor. W-2s, tax returns, all of that stuff. Depending on the embassy, they might let you sponsor yourself with your savings too. London does, not sure about the others.

You will need to have 125% of the poverty guidelines for the household size. Generally the consular officer likes you to have the minimum amount you will need for the I-864 on adjustment of status, as you'll need to do that as soon as you marry in the US. Work out what the poverty guideline is for whatever household size you will have. Yes, you are allowed to use retirement income for the affadavit (I am with a joint sponsor too). This is mentioned on page 7 of the I-864 guidelines.

If your joint sponsor's income doesn't meet the poverty guideline for your threshold, your savings will need to be 3x the difference. (3 x for a spouse, 5 x for anyone else). So say if the guideline was $21,000, but your joint sponsor's income was $19,000. Difference is $2,000. So your savings would need to amount to $6,000.

[bigdog 376]

Get married in Australia, apply and come to US with a green card, seems easier and cheaper.

[Pitaya 2,577]

Get married in Australia, apply and come to US with a green card, seems easier and cheaper.

[kdude1 3]

Get married in Australia, apply and come to US with a green card, seems easier and cheaper.

Not worried about the K1 costing more, we just want to get married in the US for family reasons.

i take her dad is willing to help, but you might want to investigate this deeply because i read here before about a case with a retired co-sponsor that got rejected.

She won't be able to get 3 years of tax returns, so it has to be a co-sponsor. Where can I research weather or not a retired co-sponsor is good enough? The co-sponsor still has income/assets that would suffice.

If the petitioner goes back to the US a couple of months early and gets a job, even though they will have just started, having a letter from the employer + a co-sponsor + savings has a chance of being enough doesn't it?

[KayDeeCee 4,895]

She won't be able to get 3 years of tax returns, so it has to be a co-sponsor. Where can I research weather or not a retired co-sponsor is good enough? The co-sponsor still has income/assets that would suffice.

If the petitioner goes back to the US a couple of months early and gets a job, even though they will have just started, having a letter from the employer + a co-sponsor + savings has a chance of being enough doesn't it?

Yes. If he has enough income for his household size plus the foreign fiance(e), then his income will count. It does not matter if it is income from retirement. He just needs to provide proof of how much income he receives. A 1099 for his retirement and some recent bank statements showing how much he is actually having deposited in income each month should do it.

She does not need 3 years of tax returns. As a matter of fact, someone here that went through Australia said the consulate there does not even require a tax transcript for the I-134. When it comes time to adjust status and fill out the I-864, then she can simply include a statement as to why she was not legally required to file a return for any of the last 3 years she did not.

Also something else was incorrect from the post above. She CAN file the I-129F while still living in Australia. I would have her use her family's US address to have the notifications sent there. The NOA1 is the first notice. It is simply a notice of receipt that have received the petition. Months later when finally approved, the NOA2 would be sent. That one is important and will be needed later after you are married and filing to adjust your status in the US. So, make sure it does not get lost. If you happen to get an RFE, that would be sent to that address as well, and her family could send it to her in case you need to send additional evidence to be approved. After the I-129F petition approval, things are all on your end at the consulate in Australia. Only the financial forms need to be provided by the USC. The rest of the forms are for the foreign fiance(e) to fill out.

[bigdog 376]

Yes. If he has enough income for his household size plus the foreign fiance(e), then his income will count. It does not matter if it is income from retirement. He just needs to provide proof of how much income he receives. A 1099 for his retirement and some recent bank statements showing how much he is actually having deposited in income each month should do it.

She does not need 3 years of tax returns. As a matter of fact, someone here that went through Australia said the consulate there does not even require a tax transcript for the I-134. When it comes time to adjust status and fill out the I-864, then she can simply include a statement as to why she was not legally required to file a return for any of the last 3 years she did not.

Also something else was incorrect from the post above. She CAN file the I-129F while still living in Australia. I would have her use her family's US address to have the notifications sent there. The NOA1 is the first notice. It is simply a notice of receipt that have received the petition. Months later when finally approved, the NOA2 would be sent. That one is important and will be needed later after you are married and filing to adjust your status in the US. So, make sure it does not get lost. If you happen to get an RFE, that would be sent to that address as well, and her family could send it to her in case you need to send additional evidence to be approved. After the I-129F petition approval, things are all on your end at the consulate in Australia. Only the financial forms need to be provided by the USC. The rest of the forms are for the foreign fiance(e) to fill out.

:thumbs:and follow the guides and check our WIKI, along with your portal country.

[kdude1 3]

Thanks guys, that's super helpful! We're slowly gaining the confidence to start this journey haha.

I know I the petitioner has to send the original package to the Dallas Lockbox.. Do you think it could have a negative effect if she send it from Australia, instead of locally?

Also, are there any options to only receive NOA1 and NOA2 via email? Or do they have to be sent as a hardcopy to the US address? Do they allow you to put your foreign address on all the forms so that they send it there instead, or do we need to have the US address on the forms?

Thanks

Edited February 19, 2013 by kdude1

[KayDeeCee 4,895]

Thanks guys, that's super helpful! We're slowly gaining the confidence to start this journey haha.

I know I the petitioner has to send the original package to the Dallas Lockbox.. Do you think it could have a negative effect if she send it from Australia, instead of locally?

Also, are there any options to only receive NOA1 and NOA2 via email? Or do they have to be sent as a hardcopy to the US address? Do they allow you to put your foreign address on all the forms so that they send it there instead, or do we need to have the US address on the forms?

Thanks

No, nothing negative at all about where you send the petition from. So long as you include the check and all required documents, that is all you need.

They send hardcopies in the mail, not emails. You will need that NOA2 approval notice letter later. Just make a folder to keep all documents for and from the USCIS so you can keep track of them and not lose anything.

I saw another member here on VJ recently that said they filed from Australia and used their address abroad there. They received their mailings from the USCIS just fine, It just took a little longer to receive them over there of course.