K-1 Processing Questions

[JSHO 2]

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My partner and I, both retired musicians, met on a Keyboard Forum in 2013  traveling back and forth to UK & Virginia to visit each other- using the 90 day visa  waiver options.

Last yearwe decided to make it permanent because we were tired of the travel .I filed the F129 and received  the NOA dated 7/23/20. It's in California and per the status reports

for that office, it shouldn't be much longer till it's sent to NVC. 

We are elderly- I'm 80 & he is 74, so our situation is unlike all stories I've read about here. Our mutual love of music, the arts & many other things brought us together for a wonderful 

long distance IPAD & internet companionship and love affair. We love to provide music at care homes,  I'm a church musician  and we both are very young at heart.

I have 3 questions-
1. If we should change our mind about making it permanent- before he travels here with Approval docs  (assuming it's approved) Would we need to formally rescind the F129 process?

- then would we be ok to re-start visiting each other on the Visa Waiver program.. Neither of us want to say goodbye, but I've got a pending major surgery - that will occur in the middle

  of all this that could       alter our thought process for the permanent solution. 

 

2.Assuming we decide to complete the process, I read somewhere that my financial information would only be necessary if his income and assets don't qualify him on his own.

 If someone has had similar situation or can give enlightenment, would appreciate it.  

 

3.Health Insurance- According to an interview at SS office, he will be eligible for Medicare as my spouse after 1 year of marriage.(GN 00303.800) Does anyone have suggestions

 for interim period starting on date of arrival into the US. We typically get visitors coverage for the normal 90 days,  but will need something much more substantial as a permanent

 resident. Looking at the Marketplace (Obamacare- now Bidencare, I assume)  so wonder if anyone has accessed this easily. 

Thank you in advance for some feedback

Judy

Edited March 3, 2021 by JSHO

[Peot 161]

Amazing story! Thank you for sharing.

 

1. You cannot with draw a "petition" (I-129F) after it's been approved, because it's no longer a petition - it's a valid visa. These expire after 6 months on their own. If your fiance enters the country with their approved K1, they have 90 days or its invalidated that way. If you do withdraw or let it expire, red flags may still be raised when trying to enter on waivers - definitely expect there to be a lot of scrutiny as to the meaning of the trip. 

 

Eg: If I were a CBP agent, and I saw that there had been a valid K1 that expired, but they were still travelling to see the same person, you would have to be very convincing in order for me not to believe you were entering to stay.

 

2. You, as the sponsor, need to provide an affidavit of support (financial information), regardless of whether or not his income and assets qualify. You have to ensure that when your fiance enters the country and ultimately becomes your spouse, you can support them if they become a "public charge".

 

3. Once he is a LAPR, he can purchase coverage off the marketplace, typically with very few limitations, but of course the prices don't really start cheap. I recommend people create a bit of a buffer in their bank accounts for emergencies and unexpected medical expenses in the interim. 

[JSHO 2]

Thank you so very much Peot for your gracious reply and I appreciate you saying  our's is an amazing story.  😉 

We think it is too-  and wish we had met 50+ years earlier. - getting through all of the steps would have been a

tad bit easier back then.  🙃

Kind regards

Judy