Newbie looking at visa options

[julia1993 0]

Hello. I have a few questions if that's already. Hopefully I'm posting in the right place. I am a Canadian and my bf is an American.

What are the differences between the fiance visa and getting married in Canada and him applying for me to come to the us? Is one easier than the other?

As for showing proof of support. I thought I read that with the fiance visa, proof of finances isn't necessary. Maybe I have that wrong. I thought I also read that I as the foreign fiance wouldn't need to show proof of finances if I can prove that he would support me. What is the income requirement if he would have to show proof of finances?

Thanks in advance to anyone who can help. Quite overwhelmed

[NikLR 13,227]

Have you read the comparison guides?

Do you live closer to Montreal or Vancouver?

The I-134 affidavit of support is used with the fiancee visa, however, you have to adjust your status after marriage in the USA and that requires the I-864. It is the same form that is also required before immigration with the spousal visa. You can, in either case, have a joint sponsor that meets the poverty guidelines (I-864P) if necessary. It doesn't have to be someone related.

[julia1993 0]

Thank you very much for the info. So for the fiance visa, 100% of the federal poverty guideline and then when we apply for adjustment of status, 125% or something? I'll be going to Montreal

[RoJ10 18]

Thank you very much for the info. So for the fiance visa, 100% of the federal poverty guideline and then when we apply for adjustment of status, 125% or something? I'll be going to Montreal

The 100% poverty guidelines only applies for an individual who is serving the army. If he is a current military member then 100% poverty guidelines is the only requirement! but if he is not, 125% applies whether it is k1 or CR1.

You have two option, K1 and CR1 but there's a up and downs of this two. K1 visa is a lot more faster process but you'll be coming in as non-immigrant and you needed to do those adjustment of status and so on. Unlike with the CR1, (well you two should be married as a requirement) it takes a little longer but you'll be entering US as an immigrant already. I'm not sure what process you are going to face for CR1 but it's more less expensive and paper works compared to k1.

[TwoChickies 105]

The main difference between the K-1 and the CR-1 used to be that the K-1 was faster. It still is I guess, but when my husband and I were choosing our visa path, it was not a big enough time difference for us to choose it. The service centers are all pretty backlogged and K-1s seem to take anywhere from 5-10 months, 5 being if you get a fast service center and are lucky. CR-1s seem to be anywhere from 9-12 months, although of course it can be longer for both.

We chose the CR-1 because we just saw more benefits in it for us personally. If having a wedding had been a priority though, maybe we would've gone with the K-1, who knows. It's all about what matters to you guys.

For us, the CR-1 was:

- slightly cheaper

- had the major benefit of him being able to work immediately upon entry, he'd have a green card and be ready to start our new life (K-1 requires adjusting your status after marriage and applying for permission to work)

Good luck to you guys in whatever path you take. It'll all be worth it in the end, no matter which way gets you there.

Edited March 1, 2015 by TwoChickies

[NikLR 13,227]

Thank you very much for the info. So for the fiance visa, 100% of the federal poverty guideline and then when we apply for adjustment of status, 125% or something? I'll be going to Montreal

125% for both.

• Can you stand not working or travelling for about 90 days after you file the AOS which is after marriage? (For me this was the main issue and not travelling was not an option.)
• Could you not live with your husband for about a year?
• Do you want faster to visa or faster to green card?

This process is expensive either way, but as you're already going to Montreal, that is where a CR1 would interview anyhow. The CR1 is a little cheaper.

Either way you can still visit so don't worry about that.

[julia1993 0]

Hmmm.. This is what I got off of the US government page:

"

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e)..

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage..

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline

"

is that not saying that for the fiance visa application that he would only need to meet 100% requirement? And then for the adjustment of status to meet 125%?

[julia1993 0]

The 100% poverty guidelines only applies for an individual who is serving the army. If he is a current military member then 100% poverty guidelines is the only requirement! but if he is not, 125% applies whether it is k1 or CR1.

You have two option, K1 and CR1 but there's a up and downs of this two. K1 visa is a lot more faster process but you'll be coming in as non-immigrant and you needed to do those adjustment of status and so on. Unlike with the CR1, (well you two should be married as a requirement) it takes a little longer but you'll be entering US as an immigrant already. I'm not sure what process you are going to face for CR1 but it's more less expensive and paper works compared to k1.

125% for both.

• Can you stand not working or travelling for about 90 days after you file the AOS which is after marriage? (For me this was the main issue and not travelling was not an option.)
• Could you not live with your husband for about a year?
• Do you want faster to visa or faster to green card?

This process is expensive either way, but as you're already going to Montreal, that is where a CR1 would interview anyhow. The CR1 is a little cheaper.

Either way you can still visit so don't worry about that.

hope I'm doing this right lol. And I got the info from this page: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#8

[RoJ10 18]

hope I'm doing this right lol. And I got the info from this page: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#8

Well you can follow what is written there. But once you applied for AOS the required form is the I-864 which falls under the 125%. Anyhow, if you believe that you meet the requirements then you can start your process. Anyhow there will be a lot of time to settle this but it is still more safe if we just stick with 125%

You don't need to submit this for now when you're about to start the K1 visa process. They will only require you to submit the affidavit of support during visa interview.

[julia1993 0]

Ok so 100% for visa interview. 125% for adjustment of status. Would anyone be able to direct me to information from a government website stating if there is a certain timeframe that we MUST apply for adjustment of status? Just not sure if he will be up to 125% by the time we get married. Wondering if we can wait however long until his raise. What does the adjustment of status change for me?

[Texas22 50]

Julia,

Whatever you decide, expect to be waiting a long while to enter the US. The K1 Visa was supposed to be faster for entry to the US. We chose that one for two reasons.

1. We didn't want to start our married life apart
2. We wanted the fastest way for us to be together.

We didn't have income issues, so having to wait to be employed after coming to the US was not an issue for me, nor the travel. Yes the K1 is more expensive in the long run, but it just depends on your needs.

If you feel finances are an issue and you think that you will need to work right away when you come to the US, The CR1 might be the best option. Just remember, you will start your married life apart.

Regardless of the 100% or 125%, I agree with kawaiijackie that you should try to have more than the minimum. You might want to search for a willing co-sponsor right now, just so that you are sure you will be able to have the income requirements for either the I-134 or I-864.

As far as Adjustment of Status. You have 90 days to get married once you enter the US. Only after you are married, can you apply for adjustment of status. You need to apply for adjustment of status as soon as you marry your fiance.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Also remember, if you chose the K1 route as we did, the 5 - 6 month times from start to finish usually only happen in exceptional cases. We applied for I-129F in January of 2012. Did not even have our interview in Montreal until January of 2013. So that 5 - 6 months turned into over a year for us.

So, like I said, either way you chose, be prepared for a long wait.
Good luck to you!

Edited March 1, 2015 by Texas22

[julia1993 0]

Julia,

Whatever you decide, expect to be waiting a long while to enter the US. The K1 Visa was supposed to be faster for entry to the US. We chose that one for two reasons.

• We didn't want to start our married life apart
• We wanted the fastest way for us to be together.

We didn't have income issues, so having to wait to be employed after coming to the US was not an issue for me, nor the travel. Yes the K1 is more expensive in the long run, but it just depends on your needs.

If you feel finances are an issue and you think that you will need to work right away when you come to the US, The CR1 might be the best option. Just remember, you will start your married life apart.

Regardless of the 100% or 125%, I agree with kawaiijackie that you should try to have more than the minimum. You might want to search for a willing co-sponsor right now, just so that you are sure you will be able to have the income requirements for either the I-134 or I-864.

As far as Adjustment of Status. You have 90 days to get married once you enter the US. Only after you are married, can you apply for adjustment of status. You need to apply for adjustment of status as soon as you marry your fiance.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

Also remember, if you chose the K1 route as we did, the 5 - 6 month times from start to finish usually only happen in exceptional cases. We applied for I-129F in January of 2012. Did not even have our interview in Montreal until January of 2013. So that 5 - 6 months turned into over a year for us.

So, like I said, either way you chose, be prepared for a long wait.

Good luck to you!

Hello,

Being able to work asap is not something we require for me. Its not our priority for me to begin working right away. Also, I dont have control over how much my bf gets paid. So I cant try to have more than the minimum when his profession pays what they pay at this stage. The most important thing is to meet the requirements. If the minimum for the visa interview is 100%, which it is, than he and I are good to go there. For the adjustment of status, if he doesn't make enough by the time that needs to be done, we've been talking about a co sponsor. We expect a long wait for the fiance visa. Thanks for sharing your experience.

[julia1993 0]

But I'm not at all opposed to finding a co sponsor for the visa interview

[NikLR 13,227]

Ok so 100% for visa interview. 125% for adjustment of status. Would anyone be able to direct me to information from a government website stating if there is a certain timeframe that we MUST apply for adjustment of status? Just not sure if he will be up to 125% by the time we get married. Wondering if we can wait however long until his raise. What does the adjustment of status change for me?

Once you move and as long are you are married within the 90 days you have supposedly unlimited time to adjust your status. You could be deported if caught without status but most likely you will be told to adjust your status, or so I've read on the board.

The AOS makes it so you become a legal permanent resident. Until then you have no status and really, no right to remain in the USA. You cannot work. You cannot travel outside the USA unless you plan on starting the process all over again. Basically you have no rights and no freedom. Chances of you being able to get a driver's license is slim and you push citizenship down the road as well.

Do not enter the USA on a K1 if you have no intentions of adjusting your status. To do so is actually against the use of the K1 visa.

He could find a joint sponsor. Someone who makes the 125% of the poverty guidelines for the affidavit of support and is willing to sign for you. There is very little risk as long as you do not use means tested benefits. But because someone has to trust you not to do that, it's much easier for a family member or friend to be the joint sponsor.

The other option is getting married and extending the AOS (affidavit of support) paperwork until your husband meets those guidelines. You can start the process ahead of time because the initial petition takes a while. My husband and I actually waited until he was employed before starting our process at all, and it gave him 7 months of pay stubs to send along with the affidavit of support. You don't have to do that, but as we were not sure if he would get a job that paid enough before his savings ran out, he may have ended up in Canada instead (which was actually our initial plan, but he wanted to try getting a job here first.) It did mean that I did not immigrate until after our 1st wedding anniversary.

If life is easier in Canada (you have a better paying job etc) then maybe explore the option where your US fiance moves to Canada instead. It's easier if you're already married though.

[julia1993 0]

Once you move and as long are you are married within the 90 days you have supposedly unlimited time to adjust your status. You could be deported if caught without status but most likely you will be told to adjust your status, or so I've read on the board.

The AOS makes it so you become a legal permanent resident. Until then you have no status and really, no right to remain in the USA. You cannot work. You cannot travel outside the USA unless you plan on starting the process all over again. Basically you have no rights and no freedom. Chances of you being able to get a driver's license is slim and you push citizenship down the road as well.

Do not enter the USA on a K1 if you have no intentions of adjusting your status. To do so is actually against the use of the K1 visa.

He could find a joint sponsor. Someone who makes the 125% of the poverty guidelines for the affidavit of support and is willing to sign for you. There is very little risk as long as you do not use means tested benefits. But because someone has to trust you not to do that, it's much easier for a family member or friend to be the joint sponsor.

The other option is getting married and extending the AOS (affidavit of support) paperwork until your husband meets those guidelines. You can start the process ahead of time because the initial petition takes a while. My husband and I actually waited until he was employed before starting our process at all, and it gave him 7 months of pay stubs to send along with the affidavit of support. You don't have to do that, but as we were not sure if he would get a job that paid enough before his savings ran out, he may have ended up in Canada instead (which was actually our initial plan, but he wanted to try getting a job here first.) It did mean that I did not immigrate until after our 1st wedding anniversary.

If life is easier in Canada (you have a better paying job etc) then maybe explore the option where your US fiance moves to Canada instead. It's easier if you're already married though.

Thanks you. We also talked about him coming here. Seems to me its a of a process lol. He has a job and I just go to school. I am slightly hesitant about the fact of becoming a US citizen but I'm warming up to the idea more each day. I'm sure well end up moving close to the border. For the co sponsor, do you know if they need any documentation from the co sponsor besides proof of income? I think my bf will ask his mom and I know she's filed for bankrupcy when he was a kid. Would that be a problem and would they even find out that information? I know she works a good job. My boyfriends take home pay each week right now is 349 so he doesn't meet 125% I'm pretty sure. He gets a raise every year and will have an increased income by the time he would apply but I'm not sure yet if he will reach 125%. So having a co sponsor might be best unfortunately. Not sure if his mom will even sign for us.