Does me being in med school cause a problem for I-134 purposes?

[cwagner41 0]

Im a US citizen currently in 3rd year of medical school in Mexico where I met my partner. I live on student loans + financial support from my family and thats how my partner and I have been mostly living on for the past 1.5 years. She has a job here and her income helps but i'm aware that once the visa is approved she wont be able to work stateside for a long time. 

Will this present a problem at the stage of filling out the I-134 form as I don't have any income? Are we at risk of being denied a visa?

 

Any info and suggestions are appreciated, thank you

[Crazy Cat 42,046]

Yes.  You cannot sponsor a new immigrant with no income.  Find a joint sponsor when the time comes.   Why did you choose a K-1?  

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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.
   

 

 

[JeanneAdil 6,608]

Get a sponsor

get the letter from IRS to say u did not have to file taxes as u r full time student

 

Marry and file the CR1 so she can work in the US

establish residency in the US 

[EatBulaga 340]

For one, it will help if you fill out your Timeline as that will help others understand your situation, and help Visajourney with the stat pages.

 

Is the I-134 for the K1 visa so the foreign fiance/fiancee can go to the US specifically to marry in the US with a US citizen?

 

If you as the US citizen are in your 3rd year of school outside of US, how will you marry in the US when you may be outside of the US for the 4th year of school? And how will you support your newly married partner that will be in the US when you are outside of the US finishing school?

 

Aside from getting a joint sponsor, you may need to have a convincing plan that your partner can answer to and explain during the interview?

Edited April 25, 2022 by EatBulaga

[cwagner41 0]

6 minutes ago, EatBulaga said:

For one, it will help if you fill out your Timeline as that will help others understand your situation, and help Visajourney with the stat pages.

 

Remember that the K1 visa is for the foreign fiance/fiancee to go to the US specifically to marry in the US with a US citizen.

 

If you as the US citizen are in your 3rd year of school outside of US, how will you marry in the US when you may be outside of the US for the 4th year of school? And how will you support your newly married partner that will be in the US when you are outside of the US finishing school?

 

Aside from getting a joint sponsor, you may need to have a convincing plan that your partner can answer to and explain during the interview?

Sorry I forgot to mention that im doing my 4th year in the US which is next semester. So by january I will be in the US. 

 

I imagine by the time im done with my 4th year im either working as a general doctor or I will apply for a residency program which I will be salaried. 

 

But how much will a joint sponsor help my case if by any chance I still dont have an income by the time I have to fill the I-134 form or the interview comes along?  

[Crazy Cat 42,046]

30 minutes ago, cwagner41 said:

But how much will a joint sponsor help my case if by any chance I still dont have an income by the time I have to fill the I-134 form or the interview comes along?  

As I said earlier, you cannot solely support a new immigrant with no income.  You must have a joint sponsor in your case. That is the law.  In other words, the visa will not be approved.

Edited April 26, 2022 by Crazy Cat

[EatBulaga 340]

19 minutes ago, cwagner41 said:

But how much will a joint sponsor help my case if by any chance I still dont have an income by the time I have to fill the I-134 form or the interview comes along?  

I believe the embassy/consulates follow the 125% of the HHS poverty guidelines.

https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

 

[Crazy Cat 42,046]

Just now, EatBulaga said:

I believe the embassy/consulates follow the 125% of the HHS poverty guidelines.

https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

 

For a K-1 it is 100%.....then USCIS requires 125% at the time of adjustment of status.

[cwagner41 0]

23 minutes ago, Crazy Cat said:

As I said earlier, you cannot solely support a new immigrant with no income.  You must have a joint sponsor in your case. That is the law.  In other words, the visa will not be approved.

Sorry to bug you with the same thing but you seem to be very wise and knowledgable about the immigration process and im knda stressing out about this aspect in particular.

 

I know I cannot solely support a new immigrant with no income but I have a couple of people who are willing to be joint sponsor. My question is can a joint sponsor be the sole supporter of a new immigrant since it is possible I wont have income by that point? Or is it mandatory the I at least have some income and the joint sponsor makes up the difference? 

 

[Family 4,145]

5 hours ago, cwagner41 said:

know I cannot solely support a new immigrant with no income but I have a couple of people who are willing to be joint sponsor. My question is can a joint sponsor be the sole supporter of a new immigrant since it is possible I wont have income by that point? Or is it mandatory the I at least have some income and the joint sponsor makes up the difference

You can have someone else do the I-134 without you needing to show income… In your particular case ( MD ) , your future earning potential is extraordinary so you will get past the K-1 without much fuss. 
 

Even if by the time she enters on K-1 , you decide she’s the one, marry in 90 days and file I-485..you will still be perfectly fine if still not earning AND you can use a qualifying JOINT SPONSOR.

[Timona 4,208]

I would ditch K-1 and go CR-1...why wait 1.5 months for K-1 visa then another to adjust while she's in US? CR-1 eliminates the latter timeframe..

 

You are already together in Mexico...

[Crazy Cat 42,046]

9 minutes ago, Timona said:

I would ditch K-1 and go CR-1...why wait 1.5 months for K-1 visa then another to adjust while she's in US? CR-1 eliminates the latter timeframe..

 

You are already together in Mexico...

The OP has been asked twice, but has yet to answer why a K-1....I think a K-1 is odd for this case, too.

[cwagner41 0]

1 hour ago, Timona said:

I would ditch K-1 and go CR-1...why wait 1.5 months for K-1 visa then another to adjust while she's in US? CR-1 eliminates the latter timeframe..

 

You are already together in Mexico...

Yes we are together in mexico but I have to leave to the US by december to continue and finish medical school. All we want is to minimize the time we will not be together and I think the K1 allows that for us. Im not entirely clear on the wait times for the CR1 compared to the K-1 but isn't CR1 much longer?  

Edited April 26, 2022 by cwagner41

[cwagner41 0]

1 hour ago, Crazy Cat said:

The OP has been asked twice, but has yet to answer why a K-1....I think a K-1 is odd for this case, too.

Sorry I though I had stated my reason on another persons reply. I have to leave to the US by December to continue and finish medical school. All we want is to minimize the time we will not be together and I think the K1 allows together quicker. 

[Timona 4,208]

Cr-1 & K-1 have roughly the same timeframe or just 4 months apart. 

 

With K-1, you will be dealing again with USCIS drama to adjust her status. She will have to wait around 8 months after you file her papers in the US for her to work. More $$ doing that too because it's not free.

 

With CR-1 she can start working immediately she passes CBP because she'll get a stamp at POE.. And you don't have to pay another $$$ to file her papers.

 

Refer to @Crazy Cat breakdown above

Edited April 26, 2022 by Timona