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  1. #1

    Default Immigrating on a K-1 Visa

    Hi,

    I started dating my fiancée via Internet almost two years ago. About nine months after we started dating, we spent a couple of weeks together in a country we were both visiting. Afterwards, she filed for a B-2 tourist visa. Her application was accepted and she visited me for three weeks this summer. During her stay, we got engaged. In a few weeks, I will visit her and her family in her country for a couple of weeks. Afterwards, I intend to submit the I-129F so she can file for a K-1 fiancée visa. Before we submit the forms, I just have a few questions that I wanted to clear up.

    (1) We haven't gone to an actual immigration lawyer for advice. We're not broke, but we are both students and are trying to be frugal. The process for applying for a K-1 seems fairly straight-forward, so we were attempting to do it by ourselves. Is it really as easy as assembling all the supporting materials and submitting the applications, or should we go to a lawyer to help us with the process?

    (2) I'm currently employed by my university as a graduate research assistant. I have a salary of ~$20,000 and will have that salary when we file the applications. However, I will be graduating before she is able to come for the wedding. I will have a another job by that time (with a much better salary), but it's obvious that I won't have my current salary at that time. Will that be a problem? If so, I shouldn't have a problem getting a cosponsor. Also, would it be advisable (or help in any way) to get a cosponsor even if it wasn't a problem?

    (3) As I said, my fiancée currently has a B-2 visa. Will she be able to visit me here in the United States after we file for the K-1 but before the application is approved/rejected? I know that she can be rejected based on an intent to immigrate, but is that avoided due to the K-1 technically being a nonimmigrant visa?

    Thanks for the help!

  2. #2
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    Default Re: Misc. Questions Regarding Immigrating on a K-1 Visa

    If she has a K1 pending, it's highly unlikely she'll be able to enter on a visitor's visa.

    Now, about the I-864 Affidavit Of Support. Being the cynical gal that I am, I think you need to really think deeply about this because..

    Once that form is filed, it CANNOT be withdrawn unless you are able to cancel the resident petition.

    Your obligation does not end if you get divorced. If you do divorce, your obligation could feasibly be forever. Your obligation ends only if one of these things happen:

    1. She dies, or you die.

    2. She naturalizes (becomes a US citizen)

    3. She earns 40 qualifying SS quarters (works for 10 years, basically)

    4. She abandons her residency completely.

    Your co-sponsor also needs to understand this.

  3. #3

    Default Re: Misc. Questions Regarding Immigrating on a K-1 Visa

    Thanks for the response!

    I understand the concern, but we've definitely thought very thoroughly about this. We're both strong believers in the sanctity of marriage, so for us, we're talking about a lifetime commitment to each other that really makes the monetary obligation seem trivial. It was a well thought-out decision and we're as sure as anyone can be about marriage. But when I talk to my potential co-sponsor about it, I will definitely make sure to fully explain what they would be getting into.

  4. #4
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    Default Re: Misc. Questions Regarding Immigrating on a K-1 Visa

    I bet the lifetime commitment will end once citizenship is granted. You really need to understand they literally practice the lines to feed US citizens to appear committed.

    Quote Quoting PocketPresents
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    Thanks for the response!

    I understand the concern, but we've definitely thought very thoroughly about this. We're both strong believers in the sanctity of marriage, so for us, we're talking about a lifetime commitment to each other that really makes the monetary obligation seem trivial. It was a well thought-out decision and we're as sure as anyone can be about marriage. But when I talk to my potential co-sponsor about it, I will definitely make sure to fully explain what they would be getting into.

  5. #5
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    Default Re: Misc. Questions Regarding Immigrating on a K-1 Visa

    Even if that's the truth, naturalizing ends the OP's and the co-sponsor's obligation.

    And seriously? It's really not that easy to fool immigration these days.

  6. #6
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    Default Re: Misc. Questions Regarding Immigrating on a K-1 Visa

    I was talking about the foolish US citizen.

    Quote Quoting Dogmatique
    View Post
    Even if that's the truth, naturalizing ends the OP's and the co-sponsor's obligation.

    And seriously? It's really not that easy to fool immigration these days.

  7. #7
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    Default Re: Immigrating on a K-1 Visa

    So was I...

  8. #8

    Default Re: Immigrating on a K-1 Visa

    Thanks for the replies, but is there any advice on the question I actually asked? I understand that immigration fraud is a thing, but to automatically assume that it applies in every situation kinda unreasonable. I understand that's basically what the government does when they are evaluating our application, and we are both prepared to prove that there is no foul play involved here, but I can't really provide that information here without revealing identities (which I believe is against forum rules). So, is it possible that we just assume that I know that I want to get married, that I've made up my mind about it, and try to provide answers to my questions in that vacuum?

    I don't mean to sound rude, I appreciate the time that you take to address my questions, but you're addressing things I've already considered and didn't ask about.

  9. #9
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    Default Re: Immigrating on a K-1 Visa

    Read again.

    I answered your question.

  10. #10

    Default Re: Immigrating on a K-1 Visa

    Quote Quoting Dogmatique
    View Post
    Read again.

    I answered your question.
    I'm sorry, my reply wasn't meant for you. I appreciate your answer regarding visiting while the K-1 is pending.

    However, I'm still trying to figure out if my current salary applies as sufficient support, even if it is obviously temporary and I won't have it by the time we get married.

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