K-1 visa Financial Questions

[Joelm2400]

Hello,

Well I was in the UK for the past 6 months and while there the woman I was with and I decided we want to get married! And that was the easy part.

We are both pretty hard up for cash, but are looking desperately for jobs. As it stands now the plan is for me to find a place to live permanently (I am currently living with a friend) I get a decent job, apply for a K-1 visa for her, bring her over and we get married and start life together.

We both are almost through with our divorces (she had been sperated for more than 3 years, and mine though not as cut and dry is on its way to being done in the next week or so).

As it stands right now she has enough to cover expenses for the next week and a half or so and I am not much better off (though my dear friend is putting me up with room and board free of charge for now which i am eternally grateful for).

Because I am getting divorced I do not have a copy of my last tax returns, and they also wouldnt be very accurate since I had a long period of unemployment, and i was married. So all that being said here are my questions.

1) for the K-1 visa if I understand correctly I have to make 125% over the poverty line (roughly 18,000) for the income requirements, am I correct on this?

2) Is it true that she cant come over on the VWP get married and wait while status is being adjusted?

3) what are the guidelines on accommodation for the K-1 and spouse visas?

4) how easy will it be to get her the work permit once she is over here on the K-1?

5) Is there anyone I can call to get some free advice?

I think that is all for now. I know our situation is a tough one, but we are both willing to do whatever it takes to be together. Any help you can provide will be greatly appreciated.

[Joelm2400]

Oh and of course, what do I do if I don't have a tax return to prove income?

Can't believe I forgot that one. Thanks again!

[ElenaW]

Hey Joel,

1. Yes 125% above poverty level.

2. No she can't come on the vwp with the intention of staying in the US. However, she can come and get married, then apply for a K3(non immigrant visa) or CR-1(immigrant visa) but she would have to return to the uk to apply for either of those.

Hopefully someone else can come and answer the rest of your questions.

[Joelm2400]

Ok another question. This time possibly a bit easier... I hope.

So I my mother agreed to be a joint sponsor so thats the money issue out of the way (i think it is anyway). I've been talking to an immigration lawyer and she said that if my fiancee comes to the country on a visa waiver that if we get married and she tries to change status that if they prove that the intent was to immigrate then it is fraud and my fiancee is banned from the US, of course this is a huge damper on any relationship and therefore I dont think its worth the risk.

Next up is the K-1 fiancee visa it looks like the best option but 1) it takes so freakin long and 2) apparently it goes through the US embassy in London which she said is ridiculously hard to get through.

After that there is the CR-1 or K-3 visa. I was told that if we get married here in the states and she goes back to the UK and we apply for a CR-1 or a K-3 visa it will be denied for the same reasons as getting married on the VWP.

So here are the new questions.

1) is it really that difficult to get a K-1 fiancee (or any visa for that matter) when being processed through the US Embassy in London? and if so why?

2)Is it true that she can't come here on a visa waiver get married and go back to apply for a CR-1 or K-3?

3) Are there any other options anyone out there can think of?

Thanks!

[ElenaW]

Ok another question. This time possibly a bit easier... I hope.

So I my mother agreed to be a joint sponsor so thats the money issue out of the way (i think it is anyway). I've been talking to an immigration lawyer and she said that if my fiancee comes to the country on a visa waiver that if we get married and she tries to change status that if they prove that the intent was to immigrate then it is fraud and my fiancee is banned from the US, of course this is a huge damper on any relationship and therefore I dont think its worth the risk.

Next up is the K-1 fiancee visa it looks like the best option but 1) it takes so freakin long and 2) apparently it goes through the US embassy in London which she said is ridiculously hard to get through.

After that there is the CR-1 or K-3 visa. I was told that if we get married here in the states and she goes back to the UK and we apply for a CR-1 or a K-3 visa it will be denied for the same reasons as getting married on the VWP.

So here are the new questions.

1) is it really that difficult to get a K-1 fiancee (or any visa for that matter) when being processed through the US Embassy in London? and if so why?

2)Is it true that she can't come here on a visa waiver get married and go back to apply for a CR-1 or K-3?

3) Are there any other options anyone out there can think of?

Thanks!

1. It's not dificult if you have all of the right paper work and documents. It just takes quite some time in comparison to say the uk for example.

2. She can infact come to the us on the visa waiver, marry you, then go back to her country(this is key as it would be illegal if she stayed in the us after marrying you in your situation). You as the US citizen need to apply on her behalf.

3. Not unless she can come live in the US on her own merit like a work visa or something. Of course you can always move to where she lives.

[Joelm2400]

So it is perfectly fine for her to come over we get married and then she heads back? I just heard from a lawyer who said that this can be considered fraud because the intent would always be to immigrate. Just dont want to end up on the wrong side of the law.

[ElenaW]

So it is perfectly fine for her to come over we get married and then she heads back? I just heard from a lawyer who said that this can be considered fraud because the intent would always be to immigrate. Just dont want to end up on the wrong side of the law.

The key is that she heads back after the marriage. It's not fraud to just get married as long as she doesn't adjust her status inside the country. If she goes back and applies for a K3 or CR-1 then she is doing everything correctly. If it makes you feel better, you can get married in the uk or a third country and then apply for the marriage visa. If she's heading over on the Visa Waiver Program to marry you, I would suggest she bring a lot of evidence that proves she will return back to her country as she may be given a hard time. Or you can always apply for a fiance visa (K1)which will definitely put your mind at ease.