K-1 Visa for Russian fiance

[Cheburashka34 228]

I am thinking about starting the K-1 visa process to have my fiance who lives in Novosibirsk, Russia come to live in America. In Russia, is the only embassy that deals with K-1 visas the Moscow embassy? Also, how does the medical examination work?- Would he have to fly to Moscow to get it done and then fly home, and fly back again for his interview?

Also, I was looking at all the requirements for the paperwork he would have to bring, does he really have to get his passport translated into English, and does he really need a copy of my IRS tax return, W-2, and bank statements?

Thank you so much!😄

[geowrian 22,337]

* Moved from K-1 Progress Reports to Process & Procedures *

 

22 minutes ago, Sommer S said:

In Russia, is the only embassy that deals with K-1 visas the Moscow embassy?

Yes.

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Also, how does the medical examination work?- Would he have to fly to Moscow to get it done and then fly home, and fly back again for his interview?

I'll defer to others for specifics, but generally you do the medical examination over 1 or 2 days, then the results are sent to the consulate (a few countries let you hard carry it, but that is the minority). The interview comes after the medical exam results are at the consulate.

It may be possible to schedule them all around the same time so it's just 1 trip. Otherwise yes, it's multiple trips.

https://ru.usembassy.gov/visas/immigrant-visas/iv-medinfo/

 

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Also, I was looking at all the requirements for the paperwork he would have to bring, does he really have to get his passport translated into English, and does he really need a copy of my IRS tax return, W-2, and bank statements?

All documents submitted to USCIS must be translated to English. This can be by any certified translator - including you, with a certification statement attach. See the VJ guide for information.

 

A copy of at least the most recent year's tax return will be needed when the I-134 is presented (at the visa interview). W-2 information may or may not be used alongside or instead...the I-134 has no strict requirements as it is only a tool for the CO to address the public charge concern. Some countries like to see the tax return copy, pay stubs, an employment letter, etc. Others may not even regularly ask for it. There is a mix of everything between those as well. Generally, you want to show evidence of current income. If you are a W-2 employee, pay stubs would usually be the way to show this (tax returns show prior income).

Bank statements are only needed if you are claiming those assets for consideration. If income is sufficient (judgement call - there is no hard number here), there is no need to claim assets.

 

When you get to AOS later, that will have an I-864 instead of an I-134. That has a more strict set of requirements, including the tax return copy + evidence of current income.

Edited April 19, 2020 by geowrian

[Cheburashka34 228]

7 minutes ago, geowrian said:

A copy of at least the most recent year's tax return will be needed when the I-134 is presented (at the visa interview). W-2 information may or may not be used alongside or instead...the I-134 has no strict requirements as it is only a tool for the CO to address the public charge concern. Some countries like to see the tax return copy, pay stubs, an employment letter, etc. Others may not even regularly ask for it. There is a mix of everything between those as well. Generally, you want to show evidence of current income. If you are a W-2 employee, pay stubs would usually be the way to show this (tax returns show prior income).

Bank statements are only needed if you are claiming those assets for consideration. If income is sufficient (judgement call - there is no hard number here), there is no need to claim assets.

 

When you get to AOS later, that will have an I-864 instead of an I-134. That has a more strict set of requirements, including the tax return copy + evidence of current income.

I am currently a student and will graduate next June, so right now I only work part time. Will they deny me for not making enough money?

Of course I planned on this process taking a long time so by the time he gets here I will have graduated and have my own job and place.

[geowrian 22,337]

1 minute ago, Sommer S said:

I am currently a student and will graduate next June, so right now I only work part time. Will they deny me for not making enough money?

Of course I planned on this process taking a long time so by the time he gets here I will have graduated and have my own job and place.

Depends on how much money you make, your cost of living, etc. The CO will make a decision based upon a totality of the circumstances.

While not a strict guideline for an I-134, 125% of the Federal Poverty Level (FPL) for your household size is generally considered a bare minimum for consideration. Below = no visa (without sufficient assets or a co sponsor). Above = judgemental call.

For the I-864, 125% is a strict requirement as a bare minimum for consideration.

 

If your circumstances change by the time he interviews and you earn more, great. Earning less in the past would not be an issue for a newly graduated student.

[Cheburashka34 228]

6 minutes ago, geowrian said:

Depends on how much money you make, your cost of living, etc. The CO will make a decision based upon a totality of the circumstances.

While not a strict guideline for an I-134, 125% of the Federal Poverty Level (FPL) for your household size is generally considered a bare minimum for consideration. Below = no visa (without sufficient assets or a co sponsor). Above = judgemental call.

For the I-864, 125% is a strict requirement as a bare minimum for consideration.

 

If your circumstances change by the time he interviews and you earn more, great. Earning less in the past would not be an issue for a newly graduated student.

What exactly is the I-134 and when do I fill that out? I didn't see it in the K-1 visa process. Considering assets, what if i have quite a bit in my savings? Would they consider that?

[geowrian 22,337]

Just now, Sommer S said:

What exactly is the I-134 and when do I fill that out? I didn't see it in the K-1 visa process. Considering assets, what if i have quite a bit in my savings? Would they consider that?

The I-134 is an affidavit of support. This is presented to the consulate, generally taken a the time of the visa interview. it is not submitted with the I-129F.

 

Assets are generally considered at a 5:1 ratio: $5 assets = $1 income. It's technically 3:1 for the spouse of a USC, and given the circumstances of a fiance of a USC intending to marry, they may use the same conversion ratio.

So if somebody made $10,000/year and 125% of the FPL for their household size is $22k, that's a $12k gap. At a bare minimum, they would need $36k in assets to cover that gap at the 3:1 ratio.

 

Some COs are more keen to consider assets than others. I don't know how Moscow ones treat it, sorry.

[Cheburashka34 228]

7 minutes ago, geowrian said:

The I-134 is an affidavit of support. This is presented to the consulate, generally taken a the time of the visa interview. it is not submitted with the I-129F.

 

Assets are generally considered at a 5:1 ratio: $5 assets = $1 income. It's technically 3:1 for the spouse of a USC, and given the circumstances of a fiance of a USC intending to marry, they may use the same conversion ratio.

So if somebody made $10,000/year and 125% of the FPL for their household size is $22k, that's a $12k gap. At a bare minimum, they would need $36k in assets to cover that gap at the 3:1 ratio.

 

Some COs are more keen to consider assets than others. I don't know how Moscow ones treat it, sorry.

Wow this is all very confusing. But thank you so much!

How much would it hurt to put a co sponsor?

Edited April 19, 2020 by Sommer S

[millefleur 5,046]

2 hours ago, Sommer S said:

Would he have to fly to Moscow to get it done and then fly home, and fly back again for his interview?

The medical can be done in the same trip as the interview, no need to book 2 different trips just for the medical. Just be sure to get a hotel or some place to stay so you can do the medical a couple days before the interview. 

[Cheburashka34 228]

29 minutes ago, millefleur said:

The medical can be done in the same trip as the interview, no need to book 2 different trips just for the medical. Just be sure to get a hotel or some place to stay so you can do the medical a couple days before the interview. 

Thank you! So the timeline is- complete K1 application, if it is approved it is sent to the US embassy in Moscow, he needs to apply for the K1 visa and pay the fee, then he is notified to schedule an appointment and told he needs to get a medical examination beforehand? Is that correct?

Edited April 19, 2020 by Sommer S

[millefleur 5,046]

Just now, Sommer S said:

Thank you! So the timeline is- complete K1 application, if it is approved it is sent to the US embassy in Moscow, he needs to apply for the K1 visa and pay the fee, then he notified to schedule an appointment and told he needs to get a medical examination beforehand? Is that correct?

There are more steps to it that that. K-1 is a complex step-by-step process:

 

 

 

[Cheburashka34 228]

6 minutes ago, millefleur said:

There are more steps to it that that. K-1 is a complex step-by-step process:

 

 

 

Awesome thank you!! I am very new to all of this

[millefleur 5,046]

1 minute ago, Sommer S said:

Awesome thank you!! I am very new to all of this

The medical comes way, way later since you're just at the beginning. Almost everyone who goes via Moscow ends up doing it in the same trip as the interview, so no need to worry about it. We also have a country-specific forum Russia/Moscow Embassy related questions should you need it in the future: 

 

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

[geowrian 22,337]

3 hours ago, Sommer S said:

Wow this is all very confusing. But thank you so much!

How much would it hurt to put a co sponsor?

No harm in having a co sponsor for the I-134.

 

The I-864 (again: after the K-1 visa and marrying in the US) is when it becomes legally binding. So that's where I generally would avoid one if I did not really need one.

[Cheburashka34 228]

10 minutes ago, geowrian said:

No harm in having a co sponsor for the I-134.

 

The I-864 (again: after the K-1 visa and marrying in the US) is when it becomes legally binding. So that's where I generally would avoid one if I did not really need one.

So I would fill out the I-134 and have the co sponsor fill out a second one?

[geowrian 22,337]

Just now, Sommer S said:

So I would fill out the I-134 and have the co sponsor fill out a second one?

Correct. And you would each provide supporting evidence (i.e. pay stubs, tax return, etc.)