Couple questions about applying for K-1

[Jpuvogel13 0]

Hello,

thanks for reading and your help. Im in a quite unique situation, and haven't been able to find exactly what I'm looking for. I'm an American who's lived in Korea for the last 4 years, My fiancé is Chinese. I've been working under the table (no pay stubs). I'm concerned about what to put for my employment history, as well as my taxes. I haven't filed since living here, but I have contacted an accountant who will catch me up with my taxes. My concern is will the government deny me just because i haven't worked (had taxable income)? If I can show my bank account with $20,000, is this enough proof? I have been paying off my student loans monthly, could this proof help me? Also, my fiancé and I will be getting married in China, a week before we plan to head back to the states. Should I mention this?? Will it make a difference? Thanks in advance for you help.

[John & Rose 7,239]

25 minutes ago, Jpuvogel13 said:

Hello,

thanks for reading and your help. Im in a quite unique situation, and haven't been able to find exactly what I'm looking for. I'm an American who's lived in Korea for the last 4 years, My fiancé is Chinese. I've been working under the table (no pay stubs). I'm concerned about what to put for my employment history, as well as my taxes. I haven't filed since living here, but I have contacted an accountant who will catch me up with my taxes. My concern is will the government deny me just because i haven't worked (had taxable income)? If I can show my bank account with $20,000, is this enough proof? I have been paying off my student loans monthly, could this proof help me? Also, my fiancé and I will be getting married in China, a week before we plan to head back to the states. Should I mention this?? Will it make a difference? Thanks in advance for you help.

OK...Do NOT do a K-1.  If you get married before coming to the states the K-1 will be invalid and she will not be allowed in.  If you get married before POE, you need to file a CR-1 and then it will be 12 to 14 months before she will be allowed in the states.  K-1 is ONLY for a one time entry in order to get married in the states.  That can take up to 10 months too.  You need to decide that first before you need to worry about the finance side.

 

In general, they are looking for steady income so the beneficiary will not become a charge to the state.  Some embassies don't allow co-sponsors and in order to use assets they have to be 3 times the poverty level for your situation.  The $20k doesn't meet that.  

 

First decide if you want the K-1 (more expensive and takes longer to GC but you can be in the states together sooner) or CR-1 (costs less, GC on POE but longer period before she is allowed into the states).  Then we can look at the finance questions.

[Coco8 1,042]

1. Work abroad does not count for the affidavit of support. You need to show that you either work in the US or that you will start a job (with an signed contract as proof) that will pay you at least 20,000 a year.

 

2. Having 20,000 in the bank account is not enough. If you want to show support through assets (properties, savings) you need closer to 80,000.

 

3. Nobody cares about your loans. 

 

4. You cannot apply for a K1 if you are planning to get married before getting to the US. K1 is fiance. Once you marry you are not a fiance. You are spouses. For that you need a spousal visa (IR1/CR1). It takes 12-14 months to get processed. The advantage is that she will get a green card. K1 does not give you a green card until after you get married in the US and you apply (and are approved for) AOS.

 

Dude. You need to do your homework. As of now, it seems as if you'll end messing everything up. 

[geowrian 22,338]

I'll just add that an "unofficial" marriage - or anything that even looks like a marriage at a glance - is cause for a refusal of a K-1 visa as well.

[John & Rose 7,239]

7 hours ago, geowrian said:

I'll just add that an "unofficial" marriage - or anything that even looks like a marriage at a glance - is cause for a refusal of a K-1 visa as well.

And also potentially seen as visa fraud and misrepresentation which can have huge impacts on future visa attempts for @Jpuvogel13