My questions about the K-1 visa

[OhSophie 0]

Hi,

I know I'm asking for information really early, but I would like to know if we're on the right "path" and know the right procedure. I read different things so I'm a little confused so I have a few questions.

Here's our "background":

- In 2012, I studied in the US for 2 months (not need for me to get a visa, it was a school like EF, Kaplan, etc..). During my stay, I visited my friends in Florida for few days and I met a guy (lAmerican Citizen- let's name him H.). We didn't get involve in any kind of relationship at that time. After that I went back to France.

- A year after, I came to Florida again (I wanted to see college, know the student visa process etc..). I stayed from January to March, and H & I started seeing each other. I ask for my student visa when I came back to France. I moved in April to Florida. (I didn't move here because of my relationship, but because my stay in NY made me want to study here for a longer term).

- Now it's been a little more than a year that we're dating, known each other for 2. I'm going to graduate next December (2014) and I'll move back to France after that.

- My boyfriend will spend the Summer 2015 in France with me.

- We're planning on asking for the K-1 visa in late Spring 2015, to get married, if everything goes right, beginning 2016. Then he'ld like to fill a green card demand, for me to stay in the US until he gets his degree.

What I know about the process:

- He's the one who need to file the paperwork.

- He needs to file the I-129F and wait to get a case number & the letter saying that the paperwork was send to the embassy in France.

- Once he received that, I need to go to the US embassy in France with a DS-160/Passeport/Police certificates/Medical examination/the I-134/2 photos/evidence of relationship/payment of fees.

My questions:

- My boyfriend is a student, he doesn't earn 100% of the federal poverty guideline. Are his parents allowed to "co-sponsor" me? How does it works? he files an I-134 and they do too? (they also meet the 125%, so they'll sponsor me for the next step of the proces too)

- Is it possible for me to sponsor "my own self" if I have $20,000 (I think the poverty guideline is around that) in saving? or it has to be an income?

- Is it okay to file in Spring (mars/april) 2015 to get married the winter or spring after that? or he should file once he get back from france (august/september)

- Once I get to the US, get married and ask for the GC, I cannot get out of the US and come back right?

thanks a lot!

Sophie

Edited March 26, 2014 by OhSophie

[Pitaya 2,577]

Welcome to the forum.

You ask some good general questions. Many of your inquiries may be answered by reviewing the US Dept. of State Nonimmigrant Visa for a Fiance(e) (K-1) FAQs:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

and easily accessible at the forum page, in particular, the K-1 visa guide:

http://www.visajourney.com/content/k1guide

Good luck on your visa journey.

[sweet cakes 326]

You may also want to consider the IR-1/CR-1 route, wherein you get married first before filing the I-130. With this, you can get married in France and he files the paperwork when he goes back to US. There is more leniency to family-based visas when it comes to co-sponsorship, as compared to fiance visa (at least in most countries).

Link to the guides for your reading pleasure: http://www.visajourney.com/content/guides

Once in the US, you can travel overseas with a GC. (or with an AP if you apply for it.)

Edited March 26, 2014 by sweet cakes

[baron555 934]

My questions:

- My boyfriend is a student, he doesn't earn 100% of the federal poverty guideline. Are his parents allowed to "co-sponsor" me? How does it works? he files an I-134 and they do too? (they also meet the 125%, so they'll sponsor me for the next step of the proces too)

Only one parent is required. Yes both file 134s with supporting documents.

- Is it possible for me to sponsor "my own self" if I have $20,000 (I think the poverty guideline is around that) in saving? or it has to be an income?

I don't believe so, for your country. I know UK can but most not.

- Is it okay to file in Spring (mars/april) 2015 to get married the winter or spring after that? or he should file once he get back from france (august/september)

Personally I'd want to be with my future spouse ASAP.

- Once I get to the US, get married and ask for the GC, I cannot get out of the US and come back right?

You can leave at any time....can't return without the AP or the GC.

[didopage 337]

[...]Then he'ld like to fill a green card demand, for me to stay in the US until he gets his degree.

Just to make sure: is living in the US your long term plan? If you only want to stay for a few months, or less than a year, going the K-1/green card route could be a waste of money.

If you plan to live in the US, then forget my comment.

With the K-1, you will be "stuck" in the US for at least 2-3 months after your enter with the visa. You can leave the country anytime after your K-1 entry, but if you don't have a travel authorization (AP), you won't be allowed back without another visa. That's why it is advised to get married quickly after entry with the K-1, and file for AOS(green card)/AP (+EAD for work authorization) shorty after. The AP/EAD card is usually approved and received 2-3 months after filing.

If you get married first, and file for a spousal visa, that's different. You will become a permanent resident (green card holder) right after entering the US with your visa. Being a permanent resident allows you to go back to France anytime and come back to the US freely. You also have the ability to work in the US as soon as enter the US.

Edited March 26, 2014 by didopage

[didopage 337]

Also, if you go the K-1 route, I don't advise you to start the process only 6 months before your wedding date. No one knows how long the process will take in 2015 but it tends to vary a lot. It can take 5 months like it can take 10. In general, it is safer not to have any wedding date plan when you go the K-1 route. Just because nobody knows how long it takes to get the visa, if issued.

I personally did not plan any wedding party, we got married shorty after my entry with the K-1 and we started planning a big wedding party with family/friends after that.

Just so you know, once issued, the K-1 visa is valid for 6 months (6 months from the day it's issued, or 6 months form the day of your K-1 medical, it depends... but your medical should be shortly before the visa issuance). That means you have 6 months to use it and enter the US with it. Once you enter the US with it, the visa is expired. And once you enter the US, you have 90 days to get married. You can start filing for a green card anytime after that, preferably shorty after.

A small note too, your fiance/husband won't ask for a green card for you. You will be the applicant. He only files a I-129F petition to start the K-1 process, and fill in affidavits of support.

Edited March 26, 2014 by didopage

[OhSophie 0]

Welcome to the forum.

You ask some good general questions. Many of your inquiries may be answered by reviewing the US Dept. of State Nonimmigrant Visa for a Fiance(e) (K-1) FAQs:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

and easily accessible at the forum page, in particular, the K-1 visa guide:

http://www.visajourney.com/content/k1guide

Good luck on your visa journey.

Thank you. I didn't know about the guide.

You may also want to consider the IR-1/CR-1 route, wherein you get married first before filing the I-130. With this, you can get married in France and he files the paperwork when he goes back to US. There is more leniency to family-based visas when it comes to co-sponsorship, as compared to fiance visa (at least in most countries).

Link to the guides for your reading pleasure: http://www.visajourney.com/content/guides

Once in the US, you can travel overseas with a GC. (or with an AP if you apply for it.)

Thank you for telling me about the IR-1/CR-1 visa! At first, I was thinking about getting married in the US, because he has a big family here, and my family is really small. But maybe we can just get married in France and do the "wedding party" later when I get in the US. I'll do a post with my question in the right forum section later on, when I studied the subject a little.

My questions:

- My boyfriend is a student, he doesn't earn 100% of the federal poverty guideline. Are his parents allowed to "co-sponsor" me? How does it works? he files an I-134 and they do too? (they also meet the 125%, so they'll sponsor me for the next step of the proces too)

Only one parent is required. Yes both file 134s with supporting documents.

- Is it possible for me to sponsor "my own self" if I have $20,000 (I think the poverty guideline is around that) in saving? or it has to be an income?

I don't believe so, for your country. I know UK can but most not.

- Is it okay to file in Spring (mars/april) 2015 to get married the winter or spring after that? or he should file once he get back from france (august/september)

Personally I'd want to be with my future spouse ASAP.

- Once I get to the US, get married and ask for the GC, I cannot get out of the US and come back right?

You can leave at any time....can't return without the AP or the GC.

Ok. So we'll ask for one of his parents to file the document.

I wanted to file in spring 2015 to come in the US in winter 2015 because, once I return in France (winter 14) I would like to stay around a year in France to get a job and refill my saving account (my stay on F1 visa at the moment empty it pretty fast!). We didn't want to spend a year without seeing each other, so that's why he's gonna spend the summer 2015 in France with me.

Just to make sure: is living in the US your long term plan? If you only want to stay for a few months, or less than a year, going the K-1/green card route could be a waste of money.

If you plan to live in the US, then forget my comment.

With the K-1, you will be "stuck" in the US for at least 2-3 months after your enter with the visa. You can leave the country anytime after your K-1 entry, but if you don't have a travel authorization (AP), you won't be allowed back without another visa. That's why it is advised to get married quickly after entry with the K-1, and file for AOS(green card)/AP (+EAD for work authorization) shorty after. The AP/EAD card is usually approved and received 2-3 months after filing.

If you get married first, and file for a spousal visa, that's different. You will become a permanent resident (green card holder) right after entering the US with your visa. Being a permanent resident allows you to go back to France anytime and come back to the US freely. You also have the ability to work in the US as soon as enter the US.

Yes. I would like to stay in the US at least as long as my boyfriend is in enginering school (until 2017 probably). I would not file for a few months stay. It will be longer than this. But thanks for the hint.

So now I get it about travelling about the AP or GC. I'm thinking about the spousal visa too... I'll make some more research on it.

Also, if you go the K-1 route, I don't advise you to start the process only 6 months before your wedding date. No one knows how long the process will take in 2015 but it tends to vary a lot. It can take 5 months like it can take 10. In general, it is safer not to have any wedding date plan when you go the K-1 route. Just because nobody knows how long it takes to get the visa, if issued.

I personally did not plan any wedding party, we got married shorty after my entry with the K-1 and we started planning a big wedding party with family/friends after that.

Just so you know, once issued, the K-1 visa is valid for 6 months (6 months from the day it's issued, or 6 months form the day of your K-1 medical, it depends... but your medical should be shortly before the visa issuance). That means you have 6 months to use it and enter the US with it. Once you enter the US with it, the visa is expired. And once you enter the US, you have 90 days to get married. You can start filing for a green card anytime after that, preferably shorty after.

A small note too, your fiance/husband won't ask for a green card for you. You will be the applicant. He only files a I-129F petition to start the K-1 process, and fill in affidavits of support.

Ok, so I guess if we decide to file for the K-1, we'll file in December 2014 before I go back to France. We didn't plan any wedding date, it was just me making estimate about the length of time the visa will take to be delivered. But, now with your advice, we'll file earlier. I wanted to file in Spring because I thought I would have to flight to the US almost "right after" my visa delivery. I didn't know that the visa will be valid for 6 months, that's great.

Thanks to all of you!