please help k1 visa or spouse visa

[v.b 3]

hello guys

im new here , me and my fiance she is american citizen we have been living together in europe for 3 months now we dicided to move together to america. my question is can we start the process while she is still here in europe? she quit her job before she moved to europe would that be a problem if she dosen't a job? 

thanks

[geowrian 22,337]

Yes, your fiance can certainly start the process while abroad. Just follow the K1 guide here: http://www.visajourney.com/content/k1guide. She can use any mailing address (US or abroad) on the form.

 

Not having current income may be an issue for the I-134 (Affidavit of Support). This comes into play fore the K-1 interview, not for the I-129F, so she has time to gather documentation.  If she has enough assets (3x the federal poverty level for her household size, counting you), she can use assets to qualify. That said, some COs prefer to see income more than assets, but I'm not familiar enough with Spain's embassy to say much on that. I also do not know if Spain's embassy allows a joint sponsor (or anybody other than the petitioner), unfortunately. I'll defer to others here. Given that she has only been abroad for 3 months, proving domicile (needed for the I-134) should be pretty simple.

 

After you enter on the K-1 and get married (within 90 days!), you will need to file for AOS. As part of that, there is another Affidavit of Support - an I-864. This requires 125% of the federal poverty level (or 3x that in assets). Essentially, she needs to be able to prove that if you ever became a public charge in the US, then the government would likely be able to recover those funds from her (or a joint sponsor).

 

Good luck.

Edited March 2, 2017 by geowrian

[v.b 3]

thank you so much geowrian