K-1 is best for bringing Chilean girlfriend here (and need joint sponsor)?

[degreepr 0]

Hi everyone,

Thanks for the forum. I met a girl in Santiago when I was in Chile 2 years ago. I am 24 and am a U.S. citizen at birth from New York State near Canada, and am in my third year of dental school. We have been dating long-distance since then (I have visited her 3 times (one time for 8 weeks), and she has visited me once) and I plan to ask her to marry me when I visit her and her family for Christmas this year. I have been doing research on the best and fastest way to bring her here and from what I've seen I have two options, the CR-1 spousal visa or the K-1 fiancee visa. From what I read, the K-1 visa is the fastest way to get her here and is a few months faster than the CR-1 spousal visa. Is that right? I read that the K-1 is slightly more expensive but this is not a problem. I know that I can't apply to sponsor her until we are actually engaged, but I'd like to prepare the paperwork beforehand so that I can submit the petition the day after we get engaged in order to save time. From what I understand, it takes 6-9 months from the time I submit until she actually receives the K-1 visa and can come here in order to get married. I assume there is no way to shorten this period? I have also heard that in some 2 years it is also taking upwards of two years from the time of i-129 filing until the k-1 visa is received?

The other issue I have is that I don't meet the income requirements to sponsor her I don't think, unless they count income from parents. My parents pay my dental school tuition and give me money for room, board, books and personal matters. Not counting the tuition, they do give me approximately $17,000 in cash, which is above the $15,500 minimum. Does this income count as income for purposes of sponsorship? If not, my father easily meets the income requirements and would not mind co-signing as a joint sponsor on the petition. I read that some consulates do not allow the use of joint sponsors with K-1 visas but I have been unable to determine if the embassy in Santiago, Chile is one of these consulates that does not allow a joint sponsor. I hope this is not the case.

Thanks for any advice you may offer as to whether I can use my father as a joint sponsor on the K-1 and whether or not this is the best route to bring her here. I was also considering trying to get her a F-1 student visa for her to live near me and then try to adjust her status but I'm not sure if this is legal or not? If we've been dating a long time this seems fraudulent to me. Thanks for any assistance you may offer.

Edited October 11, 2013 by degreepr

[y3ll0w 0]

From what I understand, the income they're speaking of for the previous year is the income you quoted on your taxes. So, if you have a W2 or W9, the AGI or net income (depending on your tax filing) is what they're interested in. If you didn't have an income last year, you'll definitely need a co-sponsor. They care most about what you're making now though, so... does your current income meet the number needed? If not, you'll need a cosponsor.

Best of luck.

[degreepr 0]

From what I understand, the income they're speaking of for the previous year is the income you quoted on your taxes. So, if you have a W2 or W9, the AGI or net income (depending on your tax filing) is what they're interested in. If you didn't have an income last year, you'll definitely need a co-sponsor. They care most about what you're making now though, so... does your current income meet the number needed? If not, you'll need a cosponsor.

Best of luck.

Hi, thanks for the response re income type and qualifying. So I need my dad as joint sponsor which is not a problem. Is there information online somewhere about whether or not Chile is one of the countries that refuses to accept joint sponsors on K-1's? I know the Manila office in the Phillipines is an example of a consulate that does not accept joint sponsorship on K-1's.

[Avery Cates 1,141]

I assume there is no way to shorten this period?

Nope.

[TBoneTX 45,288]

Is there information online somewhere about whether or not Chile is one of the countries that refuses to accept joint sponsors on K-1's? I know the Manila office in the Phillipines is an example of a consulate that does not accept joint sponsorship on K-1's.

Go atop any VJ page, click "Embassy Info" and "Reviews: Embassy" (links are obvious), and read what's expected and accepted at your embassy. What happens at Manila is usually unique to Manila.

Because you're contemplating visa paths, I'm transferring your thread from the K-1 Process forum to the "What Visa Do I Need" forum.