New to forum lots of questions

[LizaJane 13]

Hello newbie here so I apologize for questions you've all seen before and I appreciate your help and look forward to hearing from everyone. My fiance is in the UK and we're going to apply for the k1 but I'm worried because of my work and income history here in the USA. I recently worked for immediate family as a caregiver and therefore my income was nontaxable so no w2s for that. This past year I spent a few months working in a salon as well as still being a caregiver but only earned about $9,000 that is counted as taxable income. I am now a caregiver for a different family on a freelance/self employed basis and will do next years taxes with a 1099 for that. All that taken into consideration I have a cosponsor since I will not currently meet the income requirements alone and do not have assets to make up for it. I also recieve state health insurance for my 17 year old daughter and myself. I'm wondering if the visa is likely to be denied because of these issues. My circumstances do not allow me to get a different job or private insurance, there are a lot of variables at play there. Any information and/or advice is appreciated. Thanks,

Katie

[Boiler 45,727]

As money seems an issue why have you chosen K1?

[SalishSea 17,969]

What will be your plan for health insurance for the person you are trying to petition for?  He will not be eligible for medicaid type coverage.

[LizaJane 13]

We considered the spousal visa but are opting for the k1 as it gets him here faster and my family can be at our wedding. The cost of filing etc isn't an issue as he has enough money for all of that and to be ok here while we wait for his green card to be able to work.

[LizaJane 13]

1 minute ago, Jorgedig said:

What will be your plan for health insurance for the person you are trying to petition for?  He will not be eligible for medicaid type coverage.

We know this, and he will wait until he's working to get insurance coverage. Not the best plan, I realize but it's the only option for now.

[SalishSea 17,969]

Just now, LizaJane said:

We know this, and he will wait until he's working to get insurance coverage. Not the best plan, I realize but it's the only option for now.

And if he has an urgent/emergent illness or injury in the meantime?

[HRQX 4,145]

10 minutes ago, LizaJane said:

and my family can be at our wedding.

He can marry in the US on a VWP visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Quote

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

 

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

8 minutes ago, LizaJane said:

he will wait until he's working to get insurance coverage.

The Employment Authorization Document application takes about 6 to 9 months to process; that is a drawback of the K-1 process. With CR-1 he can work upon entry: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

Edited January 24, 2020 by HRQX

[LizaJane 13]

1 minute ago, Jorgedig said:

And if he has an urgent/emergent illness or injury in the meantime?

I know, and I worry about that as well, though he doesn't. In fairness to him, he's never I'll and hasn't needed healthcare in many years and he has it available for free to him, but I'm much more worried about it because that would be my luck, something would happen while he's uninsured. We're prepared to take the risk and deal with something if it happens. The only debt I have to my name is medical from an awful horseback riding accident I was in and a rare illness that almost killed my daughter six years ago.

[LizaJane 13]

2 minutes ago, HRQX said:

He can marry in the US on a VWP visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

The Employment Authorization Document application takes about 6 to 9 months to process; that is a drawback of the K-1 process. With CR-1 he can work upon entry: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

That is why we considered that route but we really just want to be together for good as soon as possible. We're not getting any younger, he'll be 56 in August, me 44 in May.

[Highmystic 234]

18 minutes ago, LizaJane said:

That is why we considered that route but we really just want to be together for good as soon as possible. We're not getting any younger, he'll be 56 in August, me 44 in May.

I'd reconsider the Spousal Visa.  Sure, takes 2 or 3 months longer, he can start work as soon as he finds work, (and get insured), and you avoid that wait again, for the AOS, with more anxiety waiting and a lot of dollars. 

You were in an accident, and your daughter had a rare illness,  what if he were in an accident, or caught a rare illness while waiting for a CG? 

 

[LizaJane 13]

I tend to agree with you, I know what a risk it is because I've been through it firsthand, he's been lucky. I'm thinking now if he came on the B2 it might be out best option overall, but I still worry that then I'm married and what if it's denied anyhow due to my financial situation?

[Boiler 45,727]

8 minutes ago, LizaJane said:

I tend to agree with you, I know what a risk it is because I've been through it firsthand, he's been lucky. I'm thinking now if he came on the B2 it might be out best option overall, but I still worry that then I'm married and what if it's denied anyhow due to my financial situation?

Why can he not visit using the VWP?

[LizaJane 13]

17 minutes ago, Boiler said:

Why can he not visit using the VWP?

I suppose he can, he's come to. Is it every time on the VWP. I was under the impression he cannot come here with the sole intention of getting married however. If he can prove he has his job to return to and a rental agreement as well as a return flight home booked is that good enough for him to be let in? He was almost denied entry on one visit because he had divorce papers with him. He was separated for nearly ten years and finally getting divorced and had some papers with him and they only let him through because the papers proved he was still married and therefore not free to marry here. His other stays he's had no issues at all.

[Boiler 45,727]

VWP requires a return or onward ticket. B2 seems unlikely.

[Just Paul 4,595]

5 minutes ago, LizaJane said:

I was under the impression he cannot come here with the sole intention of getting married however.

People come from all over the world to marry here.   Ever hear of a destination wedding?   We did that in Hong Kong.