As always with US immigration law..

[Axis100]

It seems we have many options. My situation in brief: I am a UK citizen living in the UK. I spent 2 years in the USA living with my (now) fiance (Florida - overstayed my I-94W). I returned back to the UK 8 months ago, my fiance followed me shortly afterward (as a UK visitor) and we have stayed here here together since. We filed a I-129F form in January to enable me to return to the US so that we may get married (K-1 visa). We both agree that being able to spend the "waiting-time" together is much preffered to spending it apart. Yet, still unaware of the petiton's approval, we are concerned it may not be accepted.

The reason for our concern is that my US partner has since been unemployed whilst staying here with me, and she only earned $10,500 last year (and has filed taxes for that year.) We do have members of the family on both sides that are willing and able to act as a co-sponsor, however we are unsure when and how this would be determined acceptable. After waiting 5 months for an approval notification from the INS, we are feeling uneasy and nervous, and simply trying to gather as much information that would help our application go smoothly as possible.

Thanks in advance..

[Edited by Axis100 on 05-09-2001 at 09:23 AM]

 

[LegalBeagle]

It seems we have many options. My situation in brief: I am a UK citizen living in the UK. I spent 2 years in the USA living with my (now) fiance (Florida - overstayed my I-94W). I returned back to the UK 8 months ago, my fiance followed me shortly afterward (as a UK visitor) and we have stayed here here together since. We filed a I-129F form in January to enable me to return to the US so that we may get married (K-1 visa). We both agree that being able to spend the "waiting-time" together is much preffered to spending it apart. Yet, still unaware of the petiton's approval, we are concerned it may not be accepted.

The reason for our concern is that my US partner has since been unemployed whilst staying here with me, and she only earned $10,500 last year (and has filed taxes for that year.) We do have members of the family on both sides that are willing and able to act as a co-sponsor, however we are unsure when and how this would be determined acceptable. After waiting 5 months for an approval notification from the INS, we are feeling uneasy and nervous, and simply trying to gather as much information that would help our application go smoothly as possible.

Thanks in advance..

[Edited by Axis100 on 05-09-2001 at 09:23 AM]

Do you have an actual question?

 

[Axis100]

Yes, apologies for not clarifying.

My question is simply (Quote) "We do have members of the family on both sides that are willing and able to act as a co-sponsor, however we are unsure when and how this would be determined acceptable.."

Is my fiance's income/tax details a major factor in the INS decision for accepting my application for a K-1?

And if so, and her income/tax is deemed as not viable, what happens then? Do we get a chance to present the INS with co-sponsor details before the application is denied? Or is it simply thrown out and we have to re-apply.. (we are almost at the end of the proposed 100 days for a decision, 25 days remaining)

Thankyou in advance

 

[LegalBeagle]

The K-1 is generally for USC who are living in the US. You might get away with it unless she listed her address as in the UK.

For the initial application the I-134 is used. This is what you take the to the US Embassy in London for your interview. You can sometimes 'top' up the amount of money you have by taking your bank statements, current income or showing them how much savings you have.

Once you have moved to the US and married, you file for Adjustment of Status (I-485). At that point you will need the much more detailed financial form I-864. You will need to have people help with the sponsorship for that with her current income.

Read the following site..
http://www.k1faq.com

 

[Axis100]

You are extremely kind, thankyou for your reply!

At present our main worry was that we would not even reach an interview at the London Embassy, based on a denial from the INS due to financial status of my USC Finance.

Providing we actually get the chance to have an interview, I am confident all will go well - thankyou again for your time and your advice.

Best wishes,
Axis100