Living overseas applying for K1 questions

[cmkl 0]

Hi there, I was hoping that somebody may be able to help me. Myself (from UK) and my girlfriend (from USA) have been together for nearly 4 years now. I am planning on proposing in the next few months, however I just had a few concerns about the process after we send off for the K1 visa. 

 

We we have both been living overseas together for the past 5 years, together for nearly 4 of them, however as she has been away, she hasn’t filed tax returns the years out of the country. Would this matter when it comes to showing evidence at the K1 interview? As the tax returns wouldn’t have anything on anyway? (We have both been paying taxes in the countries we have been living in) 

 

Secondly with the affidavit of support, again, as we have both been living overseas, she does not have an income within the USA. We have been earning overseas but just wondered how would this work in this case? We are planning on saving as much money as possible between now and the time I am scheduled for an interview. 

 

If anyone would have any pointers or advice it would be greatly appreciated.

 

Many thanks

[HRQX 4,145]

19 minutes ago, cmkl said:

We we have both been living overseas together for the past 5 years

In the UK right now? If yes, have you considered marrying and doing the CR-1 with DCF instead of the K-1? CR-1 with DCF is the fastest route. You can marry quickly in the following places:

• Gibraltar: http://www.visitgibraltar.gi/getting-married
• Iceland: https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Denmark: https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen

[cmkl 0]

No, living in Canada right now. Bit of a complicated situation! Plus we would rather marry in the states.  

 

7 minutes ago, HRQX said:

In the UK right now? If yes, have you considered marrying and doing the CR-1 with DCF instead of the K-1? CR-1 with DCF is the fastest route. You can marry quickly in the following places:

• Gibraltar: http://www.visitgibraltar.gi/getting-married
• Iceland: https://guidetoiceland.is/history-culture/getting-married-in-iceland
• Denmark: https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen

 

[HRQX 4,145]

7 minutes ago, cmkl said:

Plus we would rather marry in the states.

It's also legal to marry in the US with ESTA and leave the US before the 90 days allowed by ESTA are up:

 

[Crazy Cat 42,303]

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Edited June 22, 2019 by missileman

[cmkl 0]

from what I can gather, when applying for adjustment of status, if we marry while on an ESTA it is considered visa fraud. 

We plan on staying in USA after marriage 

 

8 minutes ago, HRQX said:

It's also legal to marry in the US with ESTA and leave the US before the 90 days allowed by ESTA are up:

 

 

[cmkl 0]

2 minutes ago, missileman said:

Has she been working outside the US?  If so, she will have to file US taxes if her income is high enough for reporting.

Yes, both been working in Canada currently, and in NZ before Canada. But no taxes for US. Bit confused about the process of this with supplying the documentation if we don’t have it as haven’t been in the country. 

[Crazy Cat 42,303]

16 minutes ago, cmkl said:

from what I can gather, when applying for adjustment of status, if we marry while on an ESTA it is considered visa fraud. 

 

 

 

It is fraud only if you enter the US via ESTA with the intent to stay and adjust....you can marry and leave....

15 minutes ago, cmkl said:

Yes, both been working in Canada currently, and in NZ before Canada. But no taxes for US. Bit confused about the process of this with supplying the documentation if we don’t have it as haven’t been in the country. 

US citizens are required to report world-wide income.

Edited June 22, 2019 by missileman

[cmkl 0]

6 minutes ago, missileman said:

You are mistaken.......It is fraud if you enter the US via ESTA with the intent to stay and adjust....you can marry and leave....

US citizens are required to report world-wide income.

We plan on staying in the US after marriage

[Crazy Cat 42,303]

Just now, cmkl said:

We plan on staying in the US after marriage

I would consider a CR-1..

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[SeabreezeUF 31]

What @missileman is suggesting is to consider marrying in the US on a visit, return to your lives in Canada, and start the process for a CR-1 visa instead of K1. We understand your intent is to move to the US but there are many benefits to the CR-1 visa so it’s certainly worth researching. 

 

The US citizen will need to back-file her tax returns. It doesn’t sound like she will owe money to the IRS but she was still supposed to be filing this entire time. This is fixable but will need to be done.

 

Unless your circumstances change, you will need to find a co-sponsor for your application. (As an example, I used my employment offer letter and was not required to have a co-sponsor.) Make sure the cosponsor understands what they are signing up for; if you are unable to find a cosponsor, the US citizen will need to find employment to be able to sponsor you. 

 

If it seems like finances may be tight, I strongly recommend considering the CR-1 as you will be able to work and travel abroad immediately upon coming here. The K1 visa requires filing forms to authorize you to work and travel abroad and that has been taking around 4-6 months. 

 

A lot to digest but an exciting time for you both!

[Canerican 242]

Also, your fiancée will have to move back to the USA and prove domicile. 

[cmkl 0]

15 minutes ago, SeabreezeUF said:

What @missileman is suggesting is to consider marrying in the US on a visit, return to your lives in Canada, and start the process for a CR-1 visa instead of K1. We understand your intent is to move to the US but there are many benefits to the CR-1 visa so it’s certainly worth researching. 

 

The US citizen will need to back-file her tax returns. It doesn’t sound like she will owe money to the IRS but she was still supposed to be filing this entire time. This is fixable but will need to be done.

 

Unless your circumstances change, you will need to find a co-sponsor for your application. (As an example, I used my employment offer letter and was not required to have a co-sponsor.) Make sure the cosponsor understands what they are signing up for; if you are unable to find a cosponsor, the US citizen will need to find employment to be able to sponsor you. 

 

If it seems like finances may be tight, I strongly recommend considering the CR-1 as you will be able to work and travel abroad immediately upon coming here. The K1 visa requires filing forms to authorize you to work and travel abroad and that has been taking around 4-6 months. 

 

A lot to digest but an exciting time for you both!

Thanks, extremely helpful. We’re aware I would likely not be able to work for a period of time, we are basically saving now until the potential K1 visa would be approved, then we would marry after that. Timeline is est around Oct 2020. We can also potentially use my partners parents as co-sponsor, so I believe this would be sufficient. Exciting yes but also extremely stressful!! 

 

Thanks again 

12 minutes ago, CDN(ON)-USA(VT) said:

Also, your fiancée will have to move back to the USA and prove domicile. 

If we are planning on moving back to US to marry and stay, would that not count? 

[carmel34 3,655]

If you're determined to do K-1:

 

1.  your US citizen fiancee will need to file the I-129F petition, not you

2.  she should read and study the K-1 guide here on Visa Journey before filing

3.  your US citizen fiancee will have to move to the US before you do in order to establish US domicile and get a job to show US income sufficient to sponsor you, or find a US co-sponsor

4.  your US citizen fiancee will need to file US tax returns based on income earned anywhere in the world for the last three years and get IRS tax return transcripts to prove it, or write a letter explaining why her income was below the threshold (based on her world-wide income) required to file a return

5.  wait

6.  wait some more

 

Good luck!

[cmkl 0]

9 minutes ago, carmel34 said:

If you're determined to do K-1:

 

1.  your US citizen fiancee will need to file the I-129F petition, not you

2.  she should read and study the K-1 guide here on Visa Journey before filing

3.  your US citizen fiancee will have to move to the US before you do in order to establish US domicile and get a job to show US income sufficient to sponsor you, or find a US co-sponsor

4.  your US citizen fiancee will need to file US tax returns based on income earned anywhere in the world for the last three years and get IRS tax return transcripts to prove it, or write a letter explaining why her income was below the threshold (based on her world-wide income) required to file a return

5.  wait

6.  wait some more

 

Good luck!

Just to check, is the proof of income requested when the K1 is filed, or after marrying and applying for adjustment of status?