K1 Visa questions

[yuna628 9,676]

I hope that someone here might be able to provide me and my fiancé assistance.

I am a US citizen, and my fiancé is from the United Kingdom. We met online through a mutual friend over ten years ago, and soon
after that arranged to meet in real life. What followed over the years were many back and forth visits with family, college studies, and eventually his proposal.
He proposed several years ago, and it's been a very long engagement as he took some time to struggle to find work in a difficult economic climate in the UK.
He has since found stable work and has been saving as much as he can. We have now reached the point where enough is enough -- we just can't bear to be without one another and we would like to get married and start our lives together.

As I understand it this means you need to apply for a K1 visa by filing form I-129F. I would be certainly thrilled to start this process but there are a few questions that I feel haven't adequately been answered for our situation.

I currently live at home with my family. We have a fairly large house, and my family intends to have him live here as well, after we are married, until he can find stable employment in the US and his immigration process is complete. I am currently however, unemployed. My father and sister have very stable jobs, and are the owners of the house. I stay here and care for my mother, who is getting old in years and is not in the best of health. We are not on any public assistance.

Since I do not have any income, this would obviously mean that I require a co-sponsor for support for my fiancé on form I-134.

My questions are as follows: if I require a co-sponsor for this process -- WHOM should file this form?

-Should it be the person with the largest income in the household?
-Should it be both or will one person suffice?
-*Do I* have to file the same form in addition to them even though I am not employed?
-Is the 134 sent at the same time as 129, or am I only to file the 129, wait for approval and send the 134 to my fiancé?

-I am told that after approval to marry in the US, once we are married he then would need to file to adjust his status, which would then require another affidavit of support. Again since I am not employed, would this require either my father or sister to file as supporting sponsor?

-Do we really need a lawyer to help us with this process? It seems so complicated and challenging, both of us.. including our families would finally like to see this through as smoothly as possible.

-And finally: I looked to see what the marriage regulation in my Maryland county was. It states the need for a SSN. As a US citizen I obviously have one, but if my fiancé has only been granted a K1 so that we can marry within the 90 day period, how could he obtain a SSN -- or is there not one needed in this case?

[SparklePony 238]

Most of your questions can be answered by studying the Guides, FAQ's and How To's on here.

The other ones:

Study as much as you can - it makes the process easier so that you can go the DYI route without using a lawyer.

During AOS, you'll send in a request for a SSN for him. Once you get that, you can marry. There are many on here who have gone that route and had time to marry within the 90 day period.

Good luck!

[slowlyman 118]

It sounds like your biggest concern is the financial part. You & the sponsor will file the 134. It does not matter who you choose as long as they meet the income requirements. Keep in mind you and you fiance are two people. If your sponsor has a spouse and kids you need to add the two of you to their household size to come up with the number

example:

you and fiance = 2

sponsor and spouse and child = 3

Your sponsor needs to qualify for a household size of 5

And yes you will need a sponsor again for the AOS. Keep in mind some Consulates do not allow cosponsors, however I "think" the UK does. Check with the UK portal to be sure. http://www.visajourney.com/portals/index.php?country=United+Kingdom

In my county we needed a SSN to file the marriage certificate. Two weeks After arrival, go get the SSN. Worked for us, but we got married right at the end of the 90 days.

You certainly do not need an attorney. People are paying anywhere from $400 - $4,000 for a service. If you don't have a job, paying those fees may be out of the question. The process is not difficult, but it can be complicated and a bit overwhelming at time. The folks her on VJ are a good lot mostly. You can get all the help you need here.

Edited April 1, 2014 by slowlyman

[baron555 934]

My questions are as follows: if I require a co-sponsor for this process -- WHOM should file this form?

The cosponsor fills out one 134 and you fill out another....plus attach all supporting documents.

-Should it be the person with the largest income in the household?

Anyone with sufficient income per the guiidelines for the new household size.

-Should it be both or will one person suffice?

Both

-*Do I* have to file the same form in addition to them even though I am not employed?

Yes, it kinda proves you need the cosponsor.

-Is the 134 sent at the same time as 129, or am I only to file the 129, wait for approval and send the 134 to my fiancé?

Send for interview......along with other stuff. Read the Guides.

-I am told that after approval to marry in the US, once we are married he then would need to file to adjust his status, which would then require another affidavit of support. Again since I am not employed, would this require either my father or sister to file as supporting sponsor?

Yes

-Do we really need a lawyer to help us with this process? It seems so complicated and challenging, both of us.. including our families would finally like to see this through as smoothly as possible.

No, most likely not. Most here on VJ do it themselves.

-And finally: I looked to see what the marriage regulation in my Maryland county was. It states the need for a SSN. As a US citizen I obviously have one, but if my fiancé has only been granted a K1 so that we can marry within the 90 day period, how could he obtain a SSN -- or is there not one needed in this case?

Apply for the SSN about two weeks after arrival. It should come in the mail within a week. Inquire to the local court clerk as to the need for a foreign fiance.

[KayDeeCee 4,893]

Financials are not sent with the I-129F petition. Those come later at the K-1 visa interview.

London only wants A sponsor, so if needing a co-sponsor, only the co-sponsor needs to provide the I-134 and supporting documentation. London is even known for allowing self-sponsorship, if the foreign fiance(e) has the means. Research in the UK regional forum for the process and requirements for London. http://www.visajourney.com/forums/forum/99-united-kingdom/

Yes, another affidavit of support, the I-864, will need to be submitted with the AOS paperwork after you marry. You will then need to provide your own I-864 and have a joint sponsor if you still do not meet the income requirement.

Household size is not based on who lives with who, and the USC petitioner is not included in the co-sponsor's household count unless the co-sponsor claims them as a dependent on their taxes.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

You do NOT need an SSN to marry unless you already have one. The foreign fiance(e) will most likely use their passport in place of an SSN. Many people come to the US for destination weddings and marry without having a US SSN. Ask the county clerk what documentation to use in place of an SSN when the person is a non-resident. You can apply for the SSN right after arriving with a printout of your online I-94 info, but you do not have to wait for an SSN to marry.

[LmmL 46]

Before you ask questions, it's better if you read uscis website and read also the guides on here. So you will be able to know how to start and what to prepare. Then ask questions when you don't understand some of the requirements.

[yuna628 9,676]

Thanks everyone for your initial replies, it was very helpful

We are starting to gather all of the evidences needed to file (good grief ten years of chat logs is mindboggling to go through!). I do have a few more questions:

I understand that I (not employed) and the co-sponsour (my sister) will need to give my fiancé an I-134 from each of us to submit. Since I do not have any income, would I leave the majority of the questions blank or simply write 'none' where applicable? In addition, would my sister only have to list her annual income on question 7 and nothing else (such as bank holdings, property, insurance ect)?

Would only a letter from her employer, be enough sufficient proof for the Embassy, or will she still need to provide a letter from her bank, pay stubs ect? I have seen tax transcripts mentioned. When you visit the IRS, I see many different kinds of transcripts available, is just the Tax Return sufficient?

Since I do not qualify to pay any taxes and I have no financial evidence to submit personally because of no income, would I have to submit a Verification of None Filing letter with my I-134?

And... my fiancé just visited me again in March of this year, so obviously he has passport stamps, boarding passes, and we took a few photos together. I had hoped that this would most likely satisfy the I-129F portion of the ''met within the last two years'' but I'm concerned they will merely say it only proves he was in the US and not with me, despite the photographs. Yes we went out to dinner and the movies, but those receipts don't really prove much do they? We have been thinking that perhaps if he visits again right before I submit the petition, if we take another photograph of us holding a newspaper with the date, would that help?

Finally: should I really front-load this petition, or merely give all the rest of the evidences to my fiancé to hand over to the Embassy when the time comes? After all this many years, there's so many chats, emails, cards, letters, and photographs... it will be a lot for the person at the service center to sort out. Attempting to assemble this all neatly with clips... Thanks again for the help... i'm terrified as it is that something will go wrong, I can't imagine how much the waiting for everything to go through will drive me crazy.

[KayDeeCee 4,893]

Your fiance is resides in the UK, yes?. As I told you in post #5, an I-134 from the petitioner is not needed, just the one from the co-sponsor. This is specific to London only. Different consulates have different processes and requirements. It is best to research about the consulate part of the process for the consulate you will interview at.

Front-loading the I-129F petition is not necessary if you will be applying for the K-1 visa in London. You can add in a small amount of relationship evidence, if you wish, and leave it at that. You just need to make sure to include proof of meeting within the 2 years prior to filing, and the rest of the required documentation.

Here are some posts to read to research about what comes later at the consulate, including answering your I-134 questions >

http://www.visajourney.com/forums/topic/453579-k-1-joint-financial-sponsor-us-embassy-london/?p=6501637

http://www.visajourney.com/forums/topic/479469-i-134-woes-with-joint-sponsor-for-k-1-visa/?p=6808022

http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

[baron555 934]

I

My questions are as follows: if I require a co-sponsor for this process -- WHOM should file this form?

You and the cosponsor each will send a 134 form and any attaching documents to the interview.

-Should it be the person with the largest income in the household?

Any USC with sufficient income for the new houseold size.

-Should it be both or will one person suffice?

You can only have one cosponsor.

-*Do I* have to file the same form in addition to them even though I am not employed?

Yes

-Is the 134 sent at the same time as 129, or am I only to file the 129, wait for approval and send the 134 to my fiancé?

No, for the interview, Read the Guides.

-I am told that after approval to marry in the US, once we are married he then would need to file to adjust his status, which would then require another affidavit of support.

Yes, the 864 form this time is used. Read the Guides.

Again since I am not employed, would this require either my father or sister to file as supporting sponsor?

Yes, same as before, both file the form.

-Do we really need a lawyer to help us with this process? It seems so complicated and challenging, both of us.. including our families would finally like to see this through as smoothly as possible.

Only if you have a lot of money you wish to part with.

-And finally: I looked to see what the marriage regulation in my Maryland county was. It states the need for a SSN. As a US citizen I obviously have one, but if my fiancé has only been granted a K1 so that we can marry within the 90 day period, how could he obtain a SSN -- or is there not one needed in this case?

Apply for one about two to three weeks of his arrival. Takes a week to get.

[yuna628 9,676]

Your fiance is resides in the UK, yes?. As I told you in post #5, an I-134 from the petitioner is not needed, just the one from the co-sponsor. This is specific to London only. Different consulates have different processes and requirements. It is best to research about the consulate part of the process for the consulate you will interview at.

Front-loading the I-129F petition is not necessary if you will be applying for the K-1 visa in London. You can add in a small amount of relationship evidence, if you wish, and leave it at that. You just need to make sure to include proof of meeting within the 2 years prior to filing, and the rest of the required documentation.

Here are some posts to read to research about what comes later at the consulate, including answering your I-134 questions >

http://www.visajourney.com/forums/topic/453579-k-1-joint-financial-sponsor-us-embassy-london/?p=6501637

http://www.visajourney.com/forums/topic/479469-i-134-woes-with-joint-sponsor-for-k-1-visa/?p=6808022

http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

--

Thanks for responding, yes my fiancé resides in the UK. The answer you have provided regarding if I should also provide an I-134 conflicts with what others on this forum has said including some responding to this thread.... So exactly how do I know whom is correct?

Edited May 25, 2014 by yuna628

[KayDeeCee 4,893]

Thanks for responding, yes my fiancé resides in the UK. The answer you have provided regarding if I should also provide an I-134 conflicts with what others on this forum has said including some responding to this thread.... So exactly how do I know whom is correct?

Everyone here does not know how it works for London specifically. Other consulates do require an I-134 from the petitioner, even if they have no income. London does not. UK specific questions are best asked in the UK regional forum.

If it is about the London consulate, then Nich-Nick is correct. No doubts about that. Read through the London guide I linked you to, and the UK regional forum and you will find helpful, accurate information from Nich-Nick all throughout.

Add the UK to your profile and your posts will then be seen in the UK Portal, and when you personally click the Portals link at the top of VJ, you will see the posts made by others from the UK, and see the London consulate information page here on VJ as well.

[yuna628 9,676]

Thank you KayDeeCee for clearing that up about the I-134.

I may be getting ahead of myself a bit, afterall AOS is still a long way off from whenever we get our K1 approved -- but, while the instructions I've seen here seem very straightforward for AOS I want to make sure that our cosponsor for our K1, who will be our joint sponsor when we go to adjust status understands which form she will need to fill in.

I've seen some argument about whether she will need to file I-864 or I-864A. Everyone here has been very helpful in making me aware that even though I have no personal income, I will still have to file an I-864 when the time comes. That's fine. I take it I will have to provide a letter explaining why I have no income. My sister who lives in the house with me, my parents, and where my fiancé/husband will eventually reside does not claim me on her taxes. She makes well above the threshold of 125% so I don't believe any other assets will be needed to be recorded. Incidently, will she have to claim him on her taxes? Or is it just until he has a GC and can work?

Based on the fact my sister who will be the joint sponsor, resides in the house but does not claim me as a dependant on her taxes -- mean that she needs to file a I-864 or a I-864A? I wish the language on the government website was a little more clear.

The example forms here do not quite give clarity to the situation we're in. In particular, how would I personally fill out section 5 of the I-864? I would list my fiancé/husband on line 1, myself on line 2 -- however what would be answered for line 7 is depending on which form my sister would have to fill out. If she has to fill out a I-864A then I would list her on line 7, which would bring line 8's total to 3 persons. If she only has to fill out a I-864 than my total would remain 2 persons. This would also affect what would be listed in section 6 of the form.

I know I'm needlessly worrying about this whole process, my guy tells me so all the time :-p

Edited June 16, 2014 by yuna628

[KayDeeCee 4,893]

She will fill out her own separate I-864 as the joint sponsor, when the time comes for AOS. A household member is used to combine incomes with the sponsor filling out the I-864 to meet the requirement. You have no income to combine with, and as you can see, using the I-864A as a household member makes the household count go up. Since no one claims each other as dependents, it would work best for her to be a joint sponsor and do the I-864. It keeps your household count, and hers correct.

You will need to provide a statement as to why you have not legally filed taxes for any of the last 3 years that you have not. The income being too low to need to file is a valid reason.

She will not have to claim on her taxes. She is just agreeing to sponsor him and could have to pay back the government if he receives public assistance that he should not.

[baron555 934]

-Should it be the person with the largest income in the household?

Any USC that has sufficient income for the new household size.

-Should it be both or will one person suffice?

You and your cosponsor each fill out and submit 134 forms with as much documentation as you can.

-*Do I* have to file the same form in addition to them even though I am not employed?

Yes

-Is the 134 sent at the same time as 129, or am I only to file the 129, wait for approval and send the 134 to my fiancé?

Latter

-I am told that after approval to marry in the US, once we are married he then would need to file to adjust his status, which would then require another affidavit of support. Again since I am not employed, would this require either my father or sister to file as supporting sponsor?

Yes but then you'd be using the 864 form. Same deal.

-Do we really need a lawyer to help us with this process? It seems so complicated and challenging, both of us.. including our families would finally like to see this through as smoothly as possible.

No unless you have money to burn.

-And finally: I looked to see what the marriage regulation in my Maryland county was. It states the need for a SSN. As a US citizen I obviously have one, but if my fiancé has only been granted a K1 so that we can marry within the 90 day period, how could he obtain a SSN -- or is there not one needed in this case?

Shouldn't be needed for his special case. Call the county clerk. SSNs can be obtained in about one to two weeks.