K1 visa, income

[TxDallas 49]

Here is my situation, I moved from the US over e year ago, right when the virus started, lived abroad with my parents... met a girl and we have a baby, my question is this .... I did not work during this whole time away from the states... now Im planning in returning back to the states and applying for K1 visa to bring my fiancé to the states, but I can not prove any income for a little over a year while abroad .... I did work in the states before moving abroad but that was over e year ago. 
Any idea what i should do?

thanks in advance. 
 

[aaron2020 11,651]

You will most likely need a co-sponsor for the Affidavit of Support.

 

Have you considered the downside of the K-1?  The additional cost of adjusting status and not being able to work for 6-8 months while waiting for her EAD?

Consider getting marry and filing for the CR-1 spousal visa.  She will automatically get a green card upon entering the US and be able to work right away.  

[TxDallas 49]

12 minutes ago, aaron2020 said:

You will most likely need a co-sponsor for the Affidavit of Support.

 

Have you considered the downside of the K-1?  The additional cost of adjusting status and not being able to work for 6-8 months while waiting for her EAD?

Consider getting marry and filing for the CR-1 spousal visa.  She will automatically get a green card upon entering the US and be able to work right away.  

Brother, its about the timeline, marriage one takes long time..... financially I can afford any amount, Im very comfortable, the only thing is that i can not prove that in US, for last year. I have over $50 grand on my bank account and over a million on properties.

 

my last employer in US will hire me right away, so what proof do I need to show for income to the immigration?  
 

i will consider spousal visa now, just finance is pressuring me for being away for longer than a year.  

[TxDallas 49]

Aaron, thanks for the co sponsor idea, did not know you can do that, I have people willing to do that. 

[NSMS0809 4]

Hey there! I am in a similar situation. You can use a joint sponsor like was suggested and also you can use assets to show 5  TIMES the minimum requirement. Do a bit of research about the assets because only some kinds are accepted (those that could be made liquid within a year so stocks, bonds saving). Just another option!

[JFH 12,191]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[SalishSea 18,082]

11 hours ago, TxDallas said:

Brother, its about the timeline, marriage one takes long time.....

Have you looked at actual timelines lately?  K-1s are no longer an advantage that way.  There are 500k approved petitions that have been just sitting at NVC for a year, waiting for the consulates to request them for interviews.

[Chancy 6,243]

12 hours ago, TxDallas said:

Brother, its about the timeline, marriage one takes long time

 

Depending on your fiancee's country of residence, getting a fiance visa could take longer than getting a spouse visa (assuming you are able to get married soon).  Many embassies/consulates still have not resumed routine K1 visa processing although they continue to process spouse visa applications.  When routine K1 processing does resume, there will be a backlog of at least a year's worth of K1 cases ahead of you.

 

[SteveInBostonI130 3,482]

17 hours ago, TxDallas said:

Brother, its about the timeline, marriage one takes long time..... financially I can afford any amount, Im very comfortable, the only thing is that i can not prove that in US, for last year. I have over $50 grand on my bank account and over a million on properties.

 

Get married and file for a spouse visa online (I-130).  Due to Covid, travel bans, presidential proclamations, and over a year of backlogged K1 petitions, a fiance visa will take longer than a spouse visa.  

 

For most couples, spouse visa should be the default consideration and fiance should be the backup option in case you cannot get married to your partner due to whatever reason.   But with 90 day fiance and a plethora of talk of fiance visas, most people just look into that and not look further for the best option/path to immigration for their significant other.

 

It not just about cost.  It is about another set of  USCIS forms (I-485, I-131, I-765) you need to fill out and get all the evidence and attachments, waiting for biometrics and interview, and the problem of your fiance becoming essentially locked into staying in the US until at least the Advanced Parole.  No trips to visit her family/friends, no honeymoon or vacation overseas, no way to respond to family emergencies for 6 months or more after coming to the US and getting married.  Also, depending on your state, your spouse cannot get a driver's license or be added to your healthcare without an SSN.   

 

There are so many downsides to K1.  Many have regretted going for K1 instead of CR1.  No one (so far, at least) has ever stated they wished they did K1 instead of CR1.

[CrisBR 30]

18 hours ago, TxDallas said:

Here is my situation, I moved from the US over e year ago, right when the virus started, lived abroad with my parents... met a girl and we have a baby, my question is this .... I did not work during this whole time away from the states... now Im planning in returning back to the states and applying for K1 visa to bring my fiancé to the states, but I can not prove any income for a little over a year while abroad .... I did work in the states before moving abroad but that was over e year ago. 
Any idea what i should do?

thanks in advance. 
 

Hello.

Most cases like yours, the best to do is have a joint-sponsor. 

Find someone who is willing to be financially responsible for your fiancée, sort out all the documents and you may be fine.

 

[CrisBR 30]

6 hours ago, Chancy said:

 

Depending on your fiancee's country of residence, getting a fiance visa could take longer than getting a spouse visa (assuming you are able to get married soon).  Many embassies/consulates still have not resumed routine K1 visa processing although they continue to process spouse visa applications.  When routine K1 processing does resume, there will be a backlog of at least a year's worth of K1 cases ahead of you.

 

Hello!

You must be right on your assumptions.

Every time I come here or other forums, I see more and more people saying they’ve heard crickets from either USCIS or NVC.

It just sucks to learn that many people’s life plans are in a limbo which has no date to end.