K-1 Visa and sponsors

[Zeisha 2]

I am trying to get a K-1 Visa for my Fiance who lives in UK. I have had lots of interest from my family and was curious. On here, some have told me that we would be denied a K-1 visa because we are both disabled. How many sponsors could I have?

[Lucky2Lucky 2,526]

Both being disabled isn’t a means for denial. If you make under the $ limit then you will need a sponsor. I believe you can have more than one sponsor. 

[Umka36 781]

16 minutes ago, Zeisha said:

I am trying to get a K-1 Visa for my Fiance who lives in UK. I have had lots of interest from my family and was curious. On here, some have told me that we would be denied a K-1 visa because we are both disabled. How many sponsors could I have?

It's not about your disability. It's the likelihood that your fiancé would be a public charge when both of you cannot work. There's an expectation when bringing someone over that you would be financially responsible for the person and that's all what the I-364 is trying to address even if it's not legally binding.

[ThomasNC1988 762]

23 minutes ago, Zeisha said:

I am trying to get a K-1 Visa for my Fiance who lives in UK. I have had lots of interest from my family and was curious. On here, some have told me that we would be denied a K-1 visa because we are both disabled. How many sponsors could I have?

Be wary of advice you get on this forum as it is often people thinking every case has the same experience or is just plain wrong. The problem with your case is that your fiance has serious medical issues that require much treatment if I am recalling your other posts correctly. Since he has no insurance and you have no way to provide him insurance it is likely that he would become a public charge (the public bares the cost of his care) If the CO picks up on this he can be outright denied for a K1 and there is no appeal. my thoughts to you that if you are dead set on him coming to the states is to get married and at least you have chances for appeal and your husband would be free to return to his country for treatment right away if need be. Also some countries do not accept co-sponsors for K-1.

[geowrian 22,337]

No idea who told you that being disabled means a K-1 visa (or any visa) would be denied. That's categorically wrong.

 

However, as noted, one must show that the intending immigrant will not become a public charge. If the disability has out of pocket expenses involved, that will be part of the consideration. If they are unable to obtain an income, that will be part of the consideration. But sufficient assets, non-employment income (i.e. investments), and/or a joint sponsor can overcome all of this.

[Zeisha 2]

10 minutes ago, geowrian said:

No idea who told you that being disabled means a K-1 visa (or any visa) would be denied. That's categorically wrong.

 

However, as noted, one must show that the intending immigrant will not become a public charge. If the disability has out of pocket expenses involved, that will be part of the consideration. If they are unable to obtain an income, that will be part of the consideration. But sufficient assets, non-employment income (i.e. investments), and/or a joint sponsor can overcome all of this.

 

[Zeisha 2]

That is why I asked about co-sponsors. I have a few family members that could help us out, finacially.

[SalishSea 17,915]

2 hours ago, Zeisha said:

That is why I asked about co-sponsors. I have a few family members that could help us out, finacially.

Would they be willing to be on the hook financially for 10 years after adjusting status, though?  Its more than just filling out forms.

 

If I'm not mistaken, if your husband made use of public funds/benefits during that period, your co-sponsors would be required to reimburse the taxpayers.

 

Immigration is an expensive process.

[Zeisha 2]

By law a greencard won't allow you to collect benefits. When you are natualized or become a citizen, that is when you could collect benefits.

 

 

 

1 hour ago, Jorgedig said:

Would they be willing to be on the hook financially for 10 years after adjusting status, though?  Its more than just filling out forms.

 

If I'm not mistaken, if your husband made use of public funds/benefits during that period, your co-sponsors would be required to reimburse the taxpayers.

 

Immigration is an expensive process.

 

Edited July 24, 2018 by Zeisha

[SalishSea 17,915]

20 minutes ago, Zeisha said:

By law a greencard won't allow you to collect benefits. When you are natualized or become a citizen, that is when you could collect benefits.

 

 

 

 

It is more complicated than that.  People have, and do continue to skirt the system.  This is why the sponsor signing the I-864 agrees to reimburse the government for any means-tested benefits obtained by the beneficiary.  Whether those monies are actually gone after by the state or federal governments is another story.  

 

If you have relatives who are willing to do that in the absence of the petitioner's ability or willingness to work once legally able, then go for it.

 

My point is that immigration is an overall expensive process, and the burden of overcoming the presumption of becoming a public charge may be quite the challenge.  In your favor, it seems that the London embassy is rather more lenient than others on this.

 

Good luck.  It is a long and complicated journey for all of us :-)

[geowrian 22,337]

5 hours ago, Zeisha said:

By law a greencard won't allow you to collect benefits. When you are natualized or become a citizen, that is when you could collect benefits.

Only certain benefits...many benefits are still available. After 5 years of having a green card, more benefits open up. After 40 quarters of qualified SS credits (NOT 10 years...this could take more or less than 10 years to obtain...it could be forever), Social Security and such opens up.

[debbiedoo 2,339]

Being disabled does not always mean you cant work. How do you support YOURSELF? How does he support HIMSELF?  If your income is not high enough, having a co sponsor will help, but I can understand the hesitation on their part to do so if you are both disabled to the point where you (and him after AOS) can not support yourselves.  London is a pretty easy consulate from everything I have ever heard, as long as you have a co sponsor. 

 

Even with a co sponsor, you need to do some MAJOR thinking.... He will not qualify for disability benefits here, for a very long time, or at all, since it is generally based on previous employment (my ex a permanent green card holder since the early 80s) barely met the standards because he just scraped by on how much much work he needed in order to collect it). How will the two of you be able to afford the entire immigration process, much less being able to afford a basic LIFE? utilities, rent, food, unexpected expenses, a possible future pregnancy and child (since you look young enough for that to be a possibility), and then fun stuff on occasion? All things you REALLY need to think about.

 

 

 

 

[canadian_wife 1,823]

I hate to ask a personal question, but I guess immigration often asks personal questions.  Are both you and your fiance able to work?  debbiedoo makes a good point, being disable does not mean one cannot work at all.  

 

Good luck 

[ThomasNC1988 762]

I would like to add it is clear your intent is for him to come here and eventually collect government benefits. Which would mean your intent is for him to come here and eventually become a public charge which means he should not be eligible for any form on immigrant visa.