Soon to be applying for K1 Visa

[superunluckyme 0]

Hi,

 

I am here because this whole process feels very daunting to me and my partner. We considered getting a lawyer to assist but was advised by multiple people that they are a waste and can prolong the process.

 

We dont really know where to start. She is the US citizen and I am from the UK. I do have cousins that are US citizens in Florida. Me and my partner have been together for a while now and feel its time to get wed as some would say. 

 

We have no idea where to start, she is currently unemployed and looking for work so as it stands we would probably be reliant on my cousin offering the support for the affadavit. I have some questions im hoping some of you can answer.

 

If she gets a job prior to the interview would this be fine for her to sign the affadavit of support?

Would my cousin be able to sign the affadavit of support given hes in a different state to where I am looking to relocate?

What kind of evidence should we be documenting as I am looking to make a whole powerpoint presentation to explain everything and make it easier to read?

can I laminate non government documents for example my boarding pass or a letter she has wrote to me etc?

My current job will potentially allow me to work 3 months in the US before I need to resign so would this cover the K1 and then I would just need an affadavit of support for the adjustment of status and work permit period?

If i was to have savings to support myself during the time waiting in the US how much would I need roughly?

 

Thank you in advance and apologies if some of the questions have been asked before or are stupid questions.

[MalloryCat 177]

34 minutes ago, superunluckyme said:

If she gets a job prior to the interview would this be fine for her to sign the affadavit of support?

She has to fill out an affidavit of support regardless, since you will be living with her. But it will be better for you both if she has a job with stable income well before hand.

 

36 minutes ago, superunluckyme said:

Would my cousin be able to sign the affadavit of support given hes in a different state to where I am looking to relocate?

I am not 100% sure on this. but since the affidavit of support is supposed to show that a person is willing to support you financially (sometimes also including support by offering residence and such), they may not accept it if that person is living in a different state than where you will be. but like I said, i'm not sure. You might be better finding a different co-sponsor. Does your fiance have any family close by that could be a co-sponsor?

 

38 minutes ago, superunluckyme said:

What kind of evidence should we be documenting as I am looking to make a whole powerpoint presentation to explain everything and make it easier to read?

USCIS wants to see evidence of a bona-fide relationship. this means, travel documents (plane tickets, passport stamps, I-94 records, hotel/accommodation bookings, etc), as well as proof that you've met in person at least once within the last 2 years. This can be done with pictures, but also need the travel documents. remember that everything you send in has to be on paper, so you would have to print this out and submit it that way. USCIS does not accept electronic files or USB drives with documents on it.

 

41 minutes ago, superunluckyme said:

can I laminate non government documents for example my boarding pass or a letter she has wrote to me etc?

for things like boarding passes and stuff, you are better off making a copy of the document and keeping the original. They will eventually scan your petition into their system, and you want to make it as easy for them as possible. So anything you provide (plane tickets, pictures, etc) need to be scanned onto a computer and printed just on regular paper.

 

44 minutes ago, superunluckyme said:

My current job will potentially allow me to work 3 months in the US before I need to resign so would this cover the K1 and then I would just need an affadavit of support for the adjustment of status and work permit period?

You cannot legally work in the united states in any capacity while here on a K-1 visa. even if your current job allows you to do so before resigning. you need a work authorization provided by the US in order to work at all (including any remote work). you can attempt to get a work authorization while on a K-1 visa, but this work authorization is only good for 90 days. So you would need to submit the form (and the filing fee) before coming to the US on a K-1.

If you want to work as soon as you come to the US, you would be better off going the CR1 visa route.

So no, you cannot continue to work remotely for your current job while in the US on a K-1 visa.

48 minutes ago, superunluckyme said:

if i was to have savings to support myself during the time waiting in the US how much would I need roughly?

 

there is no amount that someone could recommend. it entirely depends on what city/state your USC fiance lives in, what their financial situation is, their current income. you should think about this in the way that your USC fiance is supporting you 100%, with nothing coming from your side.

[alliejourney 50]

It sounds like CR1 is a better choice for you. When you enter the US on a K1, you are not allowed to work at all until you receive your work authorization, which could be several months. If your partner does not have enough income to support both of you, it will be a very difficult transition to the US, since you'll need funds to live and also the funds for adjustment of status after you're here, which is upwards of $2000.  On a CR1, you'll arrive in the US with the ability to work instantly and you don't have to go through the AOS process. Here's an informational page about the differences between different visas: 

 

@Crazy Cat has a great comparison chart too which I can't seem to find now.

 

Whichever path you take, I'd really recommend taking a long study of the guides provided here on VJ: https://www.visajourney.com/guides/

They are extremely helpful and will answer a lot of these preliminary questions!

[superunluckyme 0]

Thank you all so much for your information, I understand a little more about the scenario now. I think its time to have a conversation with my partner.

 

Regarding the CR1 visa , does this mean I wouldn't need an affadavit of support as I would be eligible to work upon arrival?

[MalloryCat 177]

3 minutes ago, superunluckyme said:

Thank you all so much for your information, I understand a little more about the scenario now. I think its time to have a conversation with my partner.

 

Regarding the CR1 visa , does this mean I wouldn't need an affadavit of support as I would be eligible to work upon arrival?

there is still an affidavit of support form that gets filled out.

but it is the I-864 and not the I-134

https://www.visajourney.com/ir1-spouse-visa-overview/

 

   What is an affidavit of support...and do I need one??
The affidavit of support is a legally binding contract, that promises the US government that the intending immigrant will not be a financial burden, and will not collect welfare or public benefits until either he/she becomes a US citizen, dies, abandons permanent residency status, or can be contributed with 40 quarters of work. (roughly ten years) All immigrants immigrating via the I-130 petition must have an Affidavit of Support filed on behalf of them from the U.S citizen or permanent resident who filed the I-130 petition for them.

[superunluckyme 0]

I understand, the reason being is my partner is unemployed at the moment. she is looking for work and she doesn't really have much of a family especially not supportive ones so we wouldnt be able to lean on any of those. 

 

Also regarding if we were to take the CR1 route, would we need to get married in person in the states or are virtual weddings acceptable? we only get to see each other twice a year due to finances so just trying to work out what is best/easiest/quickest 

[superunluckyme 0]

Also looking on the USCIS website as long as the person signing the affadavit of support meets the financial requirements, is a US citizen and its over the age of 18 then they can sign which would mean my cousin would be eligible to sign. So thats really helpful

[Crazy Cat 41,594]

38 minutes ago, alliejourney said:

 

@Crazy Cat has a great comparison chart too which I can't seem to find now.

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 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 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
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Crazy Cat 41,594]

16 minutes ago, superunluckyme said:

Also regarding if we were to take the CR1 route, would we need to get married in person in the states or are virtual weddings acceptable?

Yes...but you have to consummate the marriage by meeting either during or after the marriage ceremony BEFORE filing the I-130.

[superunluckyme 0]

You have given me some very valuable information thank you so much for your help

[mam521 2,023]

Considering finances are a bit of a concern for you guys, I would strongly consider the CR1.  K1 requires adjustment of status and removal of conditions, both of which add to the overall cost.  In addition, it used to be free to file for work authorization when adjusting that status, but USCIS changed that on April 1, so it's a cost and a wait.  

 

I always advocate for people to start their lives together on as equal a footing as possible.  Being 100% reliant on your partner from the moment you arrive until your EAD is issued is very difficult, especially for people who are used to a certain amount of autonomy. New country, new people, new friends...it's nice to be able to do some things on your own while contributing to the relationship.  Just my 2 cents.  Best of luck!  

[JeanneAdil 6,410]

Lawyer not needed as u supply 1 with all the documents and all his/her office does is fill out the petition and mail it

USC is responsible to read it CAREFULLY  before signing as USC is responsible for the for the acuraracy of the info  and it has been known to be incorrect from attorney's office causing many a USC issues 

 

$3000 for this????
Process documents at this stage do not include income so there is time to secure work by time of interview 

and yes,  joint sponsor is a very good idea /  they can live anywhere in the US

the person has to understand that their  IRS documents and proof of US residency is required along with  I- 134

 

A joint sponsor — or a financial co-sponsor — is a U.S. citizen or green card holder (permanent resident) who agrees to take on the legal obligation of financially supporting an applicant for a family-based green card.

 

another vote for I -130 after marriage as it is cheaper in the long  run and arriving under the K1,  u can not work even online or remotely till u have EAD or green card

 

 

 

[TexasRafael 127]

Lots of excellent information given to you but I agree that the CR1 visa is by far the better and cheaper choice to go on.

[SalishSea 17,736]

6 hours ago, superunluckyme said:

Thank you all so much for your information, I understand a little more about the scenario now. I think its time to have a conversation with my partner.

 

Regarding the CR1 visa , does this mean I wouldn't need an affadavit of support as I would be eligible to work upon arrival?

You absolutely do need the affidavit of support.   My suggestion is for your gf to focus on obtaining employment sufficient to support an immigrant.   This should include a plan to provide you with health insurance.
 

Also- hopefully you realize that you cannot submit any digital content (power point presentation) to USCIS.   Please follow the instructions for the forms.   Any type of petition needs to be completed and filed by the petitioner (you’re the beneficiary).

[SalishSea 17,736]

5 hours ago, superunluckyme said:

Also looking on the USCIS website as long as the person signing the affadavit of support meets the financial requirements, is a US citizen and its over the age of 18 then they can sign which would mean my cousin would be eligible to sign. So thats really helpful

“Signing” yes.   It is 100% up to the consulate whether to issue a visa.   The public charge inadmissibility is based on the totality of circumstances, which is why people are telling you that your gf should have a job, even if you have someone else willing to “sign” a form.