Previously seen legal advice, I don't know where to begin.

[Cowbeau 1]

Hello everyone,

 

I'm not really sure where to begin this, so I'll just lay out my situation.  I am a transgender man and a US citizen. My fiance is from the UK. We are both in our twenties and work entry level, minimum wage jobs. He got his job very recently, not even a month ago. We both live with our parents, but are not financially supported by them otherwise. 

 

I've been reading over several threads on this site for hours, and while some make me hopeful, I am left with more and more questions. I really just don't know where to begin.

I had a free consult with a lawyer who suggested we have him stay here on a 90-day visa waiver (which he can get easily), be married around the 60 day mark, and then start an AoS. That explanation of events sounds far too simple compared to everything I've read on here. And I don't even know if that means he could stay with me!

 

 If I may be so bold, I'd much rather be stuck in limbo together, than waiting through this process apart if that can be helped. He's a homebody, anyway. But then comes the concern of money. I don't believe I make enough to say I can financially sponsor him, And I don't have anyone who would willingly cosign, if that's even an option here. He only just recently started working again, but he does however have some money in the bank, if we could somehow prove we can afford this with that. 

 

Per the fact I am transgender I mentioned earlier, not all of my personal documents match on information. I live in a state where getting your birth certificate changed is complicated, however I believe I've found a loophole I'm looking into. My passport does have the correct information though. I feel as though this is a dumb question to ask, but I should probably make those match before even starting all this, right? I figured I'd change my driver's license properly after we are married to avoid doing it twice. (I hate the DMV just like everyone else 🙃)

 

I believe that's all my thoughts on the matter. At the time of writing, I'm quite overwhelmed, so I hope this isn't too disorganized and confusing. Should I follow that lawyer's advice? Is it really that simple, or should I start working on a different Visa ASAP? I appreciate everyone reading, and hope you have a good day ☺️

[Crazy Cat 41,587]

20 minutes ago, Cowbeau said:

I had a free consult with a lawyer who suggested we have him stay here on a 90-day visa waiver (which he can get easily), be married around the 60 day mark, and then start an AoS.

That is FRAUD!!!   Fire that attorney.  Report that attorney to the state board.  The attorney knows that entering the US as a visitor with the intent to stay and adjust status is visa fraud. 

 

20 minutes ago, Cowbeau said:

I don't believe I make enough to say I can financially sponsor him, And I don't have anyone who would willingly cosign, if that's even an option here.

You must have either sufficient current annual income, sufficient assets, or you must have a well-qualified joint sponsor.  There is no way around that for either a fiance or spouse visa.  If none of those are possible, then I suggest you wait until you can financially afford to petition a new immigrant.

 

20 minutes ago, Cowbeau said:

Should I follow that lawyer's advice? Is it really that simple, or should I start working on a different Visa ASAP?

Entering the US as a visitor with the intent to stay and adjust status is visa fraud.

 

You could marry via a Utah Zoom Marriage, meet, then start the spousal visa process. Your spouse would return home for process...except for short visits.

Edited November 19, 2022 by Crazy Cat

[Crazy Cat 41,587]

Your choices are either a fiance visa or a spousal visa:

 

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

K-1        Fiance Visa
    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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1   Spousal Visa
    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.
   

 

Edited November 19, 2022 by Crazy Cat

[Cowbeau 1]

13 minutes ago, Crazy Cat said:

That is FRAUD!!!   Fire that attorney.  Report that attorney to the state board.

I had absolutely no idea. I knew it sounded just a bit too easy... I didn't pay him a single cent, thought. Actually he never even took any of my information formally.. I'm so glad I didn't wait!!!

 

18 minutes ago, Crazy Cat said:

You must have either sufficient current annual income, sufficient assets, or you must have a well-qualified joint sponsor.  There is no way around that for either a fiance or spouse visa.

I read somewhere that when looking over annual income, they take both of ours into consideration if I list him as a dependent. But I can't really do that if he isn't with me, so it's very confusing. Do you know what the minimum is, if it's just me?

 

25 minutes ago, Crazy Cat said:

You could marry via a Utah Zoom Marriage, meet, then start the spousal visa process. Your spouse would return home for process...except for short visits.

I could do that while living in Louisiana? And I didn't know he could still visit me during process, that's reassuring.

[Mike E 11,739]

His income cannot be considered unless he can show it will continue upon moving to the U.S.  

 

https://www.uscis.gov/i-864p tells you what the minimum income required is for your to sponsor your spouse.  Expect it to go up by 10 percent starting January 1, 2023. 
 

Be sure to understand the distinction between necessary and sufficient. The link shows was is the minimum necessary. An officer evaluating your case might determine it is not sufficient 
 

Importing a foreign spouse is expensive and generally people earning  minimum wage won’t be able to afford it. 

Edited November 19, 2022 by Mike E

[Crazy Cat 41,587]

5 minutes ago, Cowbeau said:

I1.   had absolutely no idea. I knew it sounded just a bit too easy... I didn't pay him a single cent, thought. Actually he never even took any of my information formally.. I'm so glad I didn't wait!!!

 

2.  I read somewhere that when looking over annual income, they take both of ours into consideration if I list him as a dependent. But I can't really do that if he isn't with me, so it's very confusing. Do you know what the minimum is, if it's just me?

 

3.  I could do that while living in Louisiana? And I didn't know he could still visit me during process, that's reassuring.

1.  We see quite a bit of misinformation from attorneys here.

2.  Your income, assets, and those of your joint sponsor will be evaluated.  You can see the chart here:

2022 HHS Poverty Guidelines for Affidavit of Support | USCIS

3.  Yes.  USCIS will not recognize the marriage until you have been in the same place either during or after the wedding ceremony.

 

I suggest you start studying the guides here on VJ.  Good luck.

[Cowbeau 1]

I appreciate both of your responses.. I will do my best!!!

[Cowbeau 1]

25 minutes ago, Crazy Cat said:

2.  Your income, assets, and those of your joint sponsor will be evaluated. 

Could it be the case that, if we get married and I have a bank account here to which he sends me money, and we manage to save enough money to level out on where I don't make enough, is that considerable?

[Rocio0010 5,579]

1 hour ago, Cowbeau said:

Could it be the case that, if we get married and I have a bank account here to which he sends me money, and we manage to save enough money to level out on where I don't make enough, is that considerable?

Hi there!

Money on your bank could count as an asset, but sometimes the officer evaluating your case doesn’t consider them. I would strongly suggest you to get a job that qualifies you.

[Cowbeau 1]

4 minutes ago, Rocio0010 said:

Hi there!

Money on your bank could count as an asset, but sometimes the officer evaluating your case doesn’t consider them. I would strongly suggest you to get a job that qualifies you.

That's good to know, thank you. Tho if I could be working a better job, I gladly would. Perhaps I'll get a second..

[Dave Knapp 47]

The Federal Poverty Level for 2023 for a 2 person household is $18,310.  You would need 125% of that, or $22,888, which would be $1907 per month.  My ask is simple and practical. Where are you gonna live on that?  After FICA and income tax come out, you have maybe $1550.  My advise is to figure out how you're gonna survive then work on the other stuff.

[SalishSea 17,717]

5 hours ago, Cowbeau said:

That's good to know, thank you. Tho if I could be working a better job, I gladly would. Perhaps I'll get a second..

If I were you, I’d focus on getting some education or skills to be able to find jobs that pay living wages.   

[Just Paul 4,595]

You can get married and start the process.

1) It may be easier for him to visit you and marry at which time you can get some joint accounts setup. He returns to the UK prior to the visa/ ESTA expiring. 

2) You can marry in the UK but that does require a special UK visa on your part

3) you can marry any where else that you can.

4) you can marry online but can't file until you have actually met.  (options 1 to 3 are better in my opinion.)

 

Once you have married you can file and then find either a way to increase your earnings or obtain an Joint Sponsor or both.