Supporting a Beneficiary While Being a Student?

[officialmurph 0]

My boyfriend and I have just recently been looking into the K-1 visa in order to “close the distance.” I have read that an affadavit of support is required and that I would need to prove I could financially support him. But, I just turned 18 this last October and I am currently and undergraduate student living at home. How would I go about proving financial support? Do I have to solely use my income (which is nothing) or can I include my parent(s)’ incomes if they allow me? If I plan to live with one of my parents do I have to include their income? 

[geowrian 22,338]

Your parent can be a joint sponsor for the I-134. Same for the I-864 (for AOS after getting married on the K-1). The joint sponsor would fill out their own affidavit of support and provide their own supporting documentation.

 

What embassy are you going through?

[officialmurph 0]

We would be going through a US embassy in the UK. So how do I know what form to fill out with that and where could I find more information? I’m very new to this and all of the visa information is kind of confusing.

[jle2234 68]

3 minutes ago, officialmurph said:

We would be going through a US embassy in the UK. So how do I know what form to fill out with that and where could I find more information? I’m very new to this and all of the visa information is kind of confusing.

A (rather wordy) step-by-step breakdown of the K-1 filing process, along with links to all necessary forms, can be found here: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html. The affidavit of support form can be found under the heading "The Second Step: Applying for a Visa".

 

You mention that you are looking to close the distance with your boyfriend, which is great! -- please just be aware that the K-1 visa is for fiancés only, so you and your boyfriend will be required to marry within 90 days of his arrival on a K-1 visa. If you are not intending to marry, you boyfriend would need to come over on a different visa. If you are planning to marry, you may also want to look in to a CR-1 visa. A K-1 visa is better for some people, while a CR-1/IR-1 is better for others -- it just depends on your individual circumstances.

[officialmurph 0]

Yes, I understand. We do intend to marry, but we are just starting to look into stuff and haven’t really made any definite decisions yet. What is the difference between the two visas? I have only seen the K-1. Also, how long should we expect for the whole process to work? I understand it’s different for everyone, but I would love some sort of timeframe.

[officialmurph 0]

19 minutes ago, jle2234 said:

A (rather wordy) step-by-step breakdown of the K-1 filing process, along with links to all necessary forms, can be found here: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html. The affidavit of support form can be found under the heading "The Second Step: Applying for a Visa".

 

You mention that you are looking to close the distance with your boyfriend, which is great! -- please just be aware that the K-1 visa is for fiancés only, so you and your boyfriend will be required to marry within 90 days of his arrival on a K-1 visa. If you are not intending to marry, you boyfriend would need to come over on a different visa. If you are planning to marry, you may also want to look in to a CR-1 visa. A K-1 visa is better for some people, while a CR-1/IR-1 is better for others -- it just depends on your individual circumstances.

Also, what should be the deciding factors between the two? I wouldn’t have a clue on how to decide which one better fits the situation. Can you marry on a visa waiver pass and then go for the CR-1? (The message above should also be included in this post.)

[jle2234 68]

@officialmurph You could probably get better guidance from some people who applied for K-1 or CR-1 visas -- I was eligible only for IR-1, as I was already married when I immigrated, so didn't have to make the K-1/CR-1 decision.

 

Basically, the K-1 visa allows your fiancé to come to the U.S. to get married, and then stay in the U.S. after the wedding. From what I've seen on the board, the K-1 processing time is currently 8-9 months (can someone confirm?). Your boyfriend wouldn't be eligible to work or attend school immediately -- he would have to apply for separate authorization after arriving in the U.S., which would take several additional months. You would also need to adjust his status from K-1 to get him a green card, is done from within the U.S.

 

The CR-1 visa is for couples who are already married -- even if they are just recently married. The processing time is usually around 12 months, but your spouse will be fully eligible to work, attend school, etc., immediately upon immigrating.

 

I believe you can get married with your boyfriend on the VWP, but he would have to leave the country to apply for his CR-1 visa. Getting married on the VWP would make him ineligible for a K-1 visa. It is illegal for him to enter on VWP with the intention of staying permanently -- he would have to leave and apply for CR-1.

 

Unfortunately, both K-1 and CR-1 have fairly significant wait times until your boyfriend will be able to immigrate -- but he is able to visit the U.S. during the processing time. If that wait doesn't work for you, other members of this board are experienced in other types of visas.

[geowrian 22,338]

5 minutes ago, jle2234 said:

Basically, the K-1 visa allows your fiancé to come to the U.S. to get married, and then stay in the U.S. after the wedding. From what I've seen on the board, the K-1 processing time is currently 8-9 months (can someone confirm?). Your boyfriend wouldn't be eligible to work or attend school immediately -- he would have to apply for separate authorization after arriving in the U.S., which would take several additional months. You would also need to adjust his status from K-1 to get him a green card, is done from within the U.S.

It's more like 9-12 months now. The I-129F is taking 6-7 months, NVC around 2 months and embassy processing around 1-3 months.

You would apply for an EAD to work alongside AOS (after marrying on the K-1). ETA: ~4 months from filing.

[officialmurph 0]

1 hour ago, jle2234 said:

@officialmurph You could probably get better guidance from some people who applied for K-1 or CR-1 visas -- I was eligible only for IR-1, as I was already married when I immigrated, so didn't have to make the K-1/CR-1 decision.

 

Basically, the K-1 visa allows your fiancé to come to the U.S. to get married, and then stay in the U.S. after the wedding. From what I've seen on the board, the K-1 processing time is currently 8-9 months (can someone confirm?). Your boyfriend wouldn't be eligible to work or attend school immediately -- he would have to apply for separate authorization after arriving in the U.S., which would take several additional months. You would also need to adjust his status from K-1 to get him a green card, is done from within the U.S.

 

The CR-1 visa is for couples who are already married -- even if they are just recently married. The processing time is usually around 12 months, but your spouse will be fully eligible to work, attend school, etc., immediately upon immigrating.

 

I believe you can get married with your boyfriend on the VWP, but he would have to leave the country to apply for his CR-1 visa. Getting married on the VWP would make him ineligible for a K-1 visa. It is illegal for him to enter on VWP with the intention of staying permanently -- he would have to leave and apply for CR-1.

 

Unfortunately, both K-1 and CR-1 have fairly significant wait times until your boyfriend will be able to immigrate -- but he is able to visit the U.S. during the processing time. If that wait doesn't work for you, other members of this board are experienced in other types of visas.

This was very informative and I thank you very much!