London K1 (I-134 & I-864): Taking out a loan to meet requirements?

[EM_Vandaveer 2,408]

Brits can marry other Brits in the US no problem, of course. But when one half of the couple is a USC doesn't that set off a lot of alarm bells? The risk of me trying to file for AOS is something they would want to avoid, surely?

As for "lying" I refer to being coy with the officer. There are many on this forum who are of the opinion "Yes you can marry on the VWP and leave afterwards, but don't let on to the customs agent or he might suspect you of planning to stay and deny you entry". It's a long flight and lot of money just to get told to go home and come back with a K1.

Perhaps I'm being a little paranoid in that respect.

Very paranoid, in fact. Fly through Dublin. It has a CBP pre-clearance facility, so you'd know if you are allowed to enter the US before boarding your plane in Dublin.

[Jesi0428 1]

I'm sorry, I don't have an answer to your question. I do wonder, however, why it's taken 5 years of trying to push your application through? It looks like you've only just applied in February. Have you tried filing multiple times? I'm just always curious when things go wrong...why? Best of luck on your journey, and I hope that it works out for you this time.

[Nich-Nick 3,354]

I think the bottom line to all of this discussion is right now Rob does not qualify to immigrate to the US for lack of finances. They have rules for a reason. The UK has rules for the other way around. They want to exclude masses of people who will over-burden the welfare system even more. Jen needs to get a better job and you need to save a mountain of cash. When that happens, you can immigrate. Trying to cheat the system is a slippery slope.

Love and $7000 a year won't give you a happy life in America. Do it the proper way or delay your plans.

[Pennycat 880]

You 100% for sure can come on VWP and marry so long as you intend to leave. You don't need a particular visa for that (as I understand you do for UK). If you can demonstrate that you intend to return to the UK on that trip, they don't care why you're making that trip. At the top of the K1 forum, there is a thread entitled "Yes you can visit". I understand your concern but it is so fantastically unlikely that you're being a bit silly (your plot to go tens of thousands of dollars in debt to pretend you have assets that you do not have is *significantly* riskier from both a financial and fraud and "they'll see right through it" standpoint). Think... I don't know. A chain smoker being worried about getting cancer from their microwave.

That said, you do not have anywhere near enough funds between the two of you to make your immigration, whatever path you take, work without a cosponsor. You're a bit stuck, I agree. See if she can talk to the co-sponsor again, or if she can get a new or additional job. Or, if you're really serious about this, you could both live in Ireland or another EU country, which does not have the same income restrictions as the UK. You can go, get a job there, and bring her over as a spouse. I believe that that is a fairly common solution to the UK income requirements, but I could be mistaken.

[HackyMoto 13]

Brits can marry other Brits in the US no problem, of course. But when one half of the couple is a USC doesn't that set off a lot of alarm bells? The risk of me trying to file for AOS is something they would want to avoid, surely?

As for "lying" I refer to being coy with the officer. There are many on this forum who are of the opinion "Yes you can marry on the VWP and leave afterwards, but don't let on to the customs agent or he might suspect you of planning to stay and deny you entry". It's a long flight and lot of money just to get told to go home and come back with a K1.

Perhaps I'm being a little paranoid in that respect.

Just a little paranoid..don't lie, come over on a VWP and if they ask at immigration, then tell them. They will likely ask to see evidence of a return flight then it is up to the immigration officer whether he / she believes your intent to enter (which is their job to do for everyone coming through immigration on a daily basis). It's not illegal to marry an American you know...

I've been married to an American for almost 12 years and when we lived overseas (particularly when we lived in India), on arrival in Detroit under VWP, they ALWAYS asked me for proof of a return flight then let me through...no different from your situation.

Look, you can keep going the way you're going and have a huge chance of getting no where considering your circumstances or you can say ####### it, and book your flight, get married then come home again.

Edited June 20, 2016 by HackyMoto

[EM_Vandaveer 2,408]

Something else to ponder: the I-134 is not legally binding so why did the co-sponsor change their mind?

(I-864 on the other hand is legally binding.)

[EM_Vandaveer 2,408]

Just a little paranoid..don't lie, come over on a VWP and if they ask at immigration, then tell them. They will likely ask to see evidence of a return flight then it is up to the immigration officer whether he / she believes your intent to enter (which is their job to do for everyone coming through immigration on a daily basis). It's not illegal to marry an American you know...

I've been married to an American for almost 12 years and when we lived overseas (particularly when we lived in India), on arrival in Detroit under VWP, they ALWAYS asked me for proof of a return flight then let me through...no different from your situation.

Look, you can keep going the way you're going and have a huge chance of getting no where considering your circumstances or you can say ####### it, and book your flight, get married then come home again.

This. Also, by flying to Dublin first & going through CBP pre-clearance there, you don't have to worry during the long flight because you are already admitted into the US of A (otherwise you would not be on the plane LOL).

[Rob&Jen 14]

I'm sorry, I don't have an answer to your question. I do wonder, however, why it's taken 5 years of trying to push your application through? It looks like you've only just applied in February. Have you tried filing multiple times? I'm just always curious when things go wrong...why? Best of luck on your journey, and I hope that it works out for you this time.

It's taken us 5 years to be in a position to afford the process but that was dependant on our co-sponsor following through. He was SOLID. Except apparently he got his taxes wrong many years back and the gov't decided now would be a good time to come after him. He didn't even know. My luck, ladies and gents.

And yes, I'm a bit paranoid and overly cautious about the whole process because this kind of bad luck follows me everywhere.

I had an idea about getting a loan that I thought could be handled with minimal detriment to myself, but as it's been made clear that won't fly with the USCIS so my fiance and I will have to find another co-sponsor (which after talking to her earlier might be a possibility).

We're just in that unfortunate situation where all our friends and family are no better off than we are so money is a problem. We could be stuck waiting another 5 years unless we do what we can to make it work now.

Thanks for everyone's help.

[Rob&Jen 14]

Something else to ponder: the I-134 is not legally binding so why did the co-sponsor change their mind?

(I-864 on the other hand is legally binding.)

Oh he mentioned it offhand to his lawyer and apparently the guy went guano over it. Told him he could be liable if I ended up in the hospital.

[arken 4,197]

while its allowed to use your assests (money in bank) as long as you can prove you deposits are transferrable to US, the CO wouldn't be happy to see a deposit of say 45kUSD just a month or weeks before the interview. They usually ask for statements of past 12 months for that reason. If your sudden deposit was from selling a property like that, it would have been OK, but if its a loan, i highly doubt the CO will buy that.

[Ortolan 381]

How employable are you? Are you reasonably certain you can get a good job here in the U.S. after you get here? If you can give your former sponsor an indication that you definitely won't be a risk, i.e., that you'll be able to find a job with absolutely no problem (meaning he won't have to worry that you're going to be going on food stamps or other government assistance) maybe he'll help.

[Rob&Jen 14]

How employable are you? Are you reasonably certain you can get a good job here in the U.S. after you get here? If you can give your former sponsor an indication that you definitely won't be a risk, i.e., that you'll be able to find a job with absolutely no problem (meaning he won't have to worry that you're going to be going on food stamps or other government assistance) maybe he'll help.

I work as a CSR for an insurance company which is a very prominent business in Allentown, PA.

I don't foresee encountering too many hurdles but you never know.

My fiance suggests that I try asking Trump for a small loan of a million dollars. I'm skeptical though.

[EM_Vandaveer 2,408]

Oh he mentioned it offhand to his lawyer and apparently the guy went guano over it. Told him he could be liable if I ended up in the hospital.

Yeah, said lawyer does not know something that dozens if not hundreds know on VJ. I-134 is NOT legally enforceable.

[Harpa Timsah 13,258]

Why can't your fiance get a better job?

[Rob&Jen 14]

Why can't your fiance get a better job?

She had a run-in with the law about 7 years back. Makes it difficult to get a job anywhere. She should be able to expunge next year though.