Does anyone know another way

[Chris W]

Hi,
I am new to the group and at the start of applying to come to the USA (from the UK) to marry my fiance'

We have made an enquiry with a firm who said that they dealt with Immigration issues and asked the details of our situation.
We were both horrified and dismayed when told that because my fiance' (US Citizen) was not in work (disabled) and didnt have a set income that we would require a co- sponsor who incidentally would have to earn at least $33,000 (gross)/annum.
The annoying thing is that I am finacially secure but that cannot be taken into account apparantly.
This has left us both feeling bewildered as to what to do next and are wondering if we were to marry in Canada would it be seen as a legal marriage if we were to return to the US as a married couple?
We have looked at the K1 process but didn't find any mention of there having to be a set income for the US citizen to enable us to proceed without a co-sponsor.
What if we were to marry in the UK?
We feel like we are going round in circles - and this is just the start!!!
Does anyone have suggestions especially about the US citizen income?
Thanks
Chris

[Chris W]

Hi,
I am new to the group and at the start of applying to come to the USA (from the UK) to marry my fiance'

We have made an enquiry with a firm who said that they dealt with Immigration issues and asked the details of our situation.
We were both horrified and dismayed when told that because my fiance' (US Citizen) was not in work (disabled) and didnt have a set income that we would require a co- sponsor who incidentally would have to earn at least $33,000 (gross)/annum.
The annoying thing is that I am finacially secure but that cannot be taken into account apparantly.
This has left us both feeling bewildered as to what to do next and are wondering if we were to marry in Canada would it be seen as a legal marriage if we were to return to the US as a married couple?
We have looked at the K1 process but didn't find any mention of there having to be a set income for the US citizen to enable us to proceed without a co-sponsor.
What if we were to marry in the UK?
We feel like we are going round in circles - and this is just the start!!!
Does anyone have suggestions especially about the US citizen income?
Thanks
Chris

[moemoe]

well you can visit the uscis website. It has all the details there. it does'nt matter if your fiancee is not working as long as her supporter / care provider / guardian (can be parent or any one) writes a letter that s/he will provide finacial support to both of you. S/He should earn approximately 3 times the poverty level.
You should be able to get K or Fiancee visa. Call the Immigration directly or a lawyer directly. Some very reputed lawyers are listed on this website.

[Chris W]

moemoe

Thanks for that info moemoe, but the point is that we dont know anyone who is a friend/relative who earns that much (I have been told it would have to be in access of $33,000 gross/annum, which increases by about $3,500 for every dependant the co-sponsor has themselves)
Would the fact that my Fiance' is disabled and cant work for herself be taken into consideration - isn't this discrimination against diabled American citizens
Thanks
Chris

[Theone]

Its discrimination against poor Americans?.

Not sure where you got $33k from, if there is the 2 of you and a single sponsor (no sponsor family) then it would be a lot less.

You can substitute income with Capital 5 to 1, so anyone with a house should manage it comfortably, assuming not mortgaged to the hilt.

[Theone]

You can marry anywhere, if not in the US then you will need a K3/CR1 Visa to enter.

[Theone]

There is a similar requirement to move to the UK, but not finacially fixed, but moving to the UK is a lot lot quicker.

[SunDevilUSA]

Chris W: You're not even in America yet, and already you've jumped on the "everything must be discrimination" bandwagon. No, it is not discrimination against disabled Americans that all sponsors must meet the income requirements. Indeed, it would be discrimination if somehow some were given a pass. I realize that you may not be entirely familiar with the fair application of the rule-of-law, but it's what helps to ensure that America is the best country in the world.

It makes no difference whether you are married in America, Canada, Britain, Uganda or Guatemala. So long as the marriage is legal, it will be recognized by the United States...and your sponsor will still be required to meet the income requirements.

You ask if there is another way. Well, yes there is: your fiancee could always immigrate to Britain...at which point, I'm sure, the British government will require that you, as the sponsor, meet their income requirements.

[moemoe]

Chris
Its NOT 33K
might be a little more then that. but believe me anyone who works will make that figure or more. Also more then one person can come in and say they will sponsor you financially and their income will be combined so don't worry.
America will welcome you with open arms. Anyone who has a good job in England can get a good job here too.
I'm assuming you're british. You can come here without a visa too. why don't you come here and she applies for you here. You can also get a good reputed attorney that can help you with your case.

[SunDevilUSA]

Chris W: While Moemoe's suggestion about getting married in America, and then applying to adjust status here sounds good in theory...it is bad in practice.

If you have immigrant intent, which you clearly do, then you must declare such intent to the immigration officer at the port of entry. Such intent renders you inadmissible on a B-1/B-2 tourist visa or on the visa waiver program.

If you enter America as a tourist, but with the true intent to get married and apply for AOS, the process will be problematic for you. While it is likely that you will ultimately succeed, the added scrutiny and challenge to your intentions upon entry are not worth the hassle.

It's better to enter the country with the proper visa...either a K-1 fiance visa, a K-3 spousal visa or an immigrant visa obtained through Consular processing.

[sup]

In order to become a U.S. permanent resident sooner (immigrant CR1 visa) or later (non-immigrant K1/K3 visa) you'll need an Affidavit of Support (form I-864). There's NO way around this requirement. For Affidavit of Support guidelines read here:

http://uscis.gov/graphics/howdoi/affsupp.htm

Poverty guidelines:

http://uscis.gov/graphics/formsfee/f...les/I-864p.pdf

State Departments' website about Affidavit of Support:

http://travel.state.gov/visa/immigra...info_1328.html

Your fiance/future spouse being disabled does NOT waive Affidavit of Support requirements.

Cheers.

[marmaduk]

You can come here without a visa too. why don't you come here and she applies for you here.

If you're suggesting the OP to come on VWP and then get married in USA, its irresponsible to give out such advice while failing to mention that USCIS could very well rejected the AOS on the ground of misrepresentation of immigrant intent while entering on VWP. This is especially true if the marriage happen in short period after entering the US. In such event, the OP will be subjected to automatic deportation without waiver, based on the agreed upon condition of VWP.
Think about it, if its so easy, then why people even bother with the K visa or DCF?

Being optimistic is one thing. Trusting advice from Internet forum and not doing your own DD can prove to be fatal.

[Chris W]

Reply

Thank you to Everyone who has helped us here!

Theone::: you talk of capital being used as a substitute for financial income of my Fiance' (american) re- K1 Visa
She does own her own home with no mortgage with an approximate resale value of about $18k
Would that satisfy her financial requirements for my application to proceed?
Would she have to sell the home or even would there be some kind of transferrence of ownership?
Or, is it just the fact she has collateral behind her will be sufficiant?
If this is so and my application can proceed, then can we start the process off before I return to the UK next Monday (2/27/06) even though I dont have documents such as divorce papers, Birth Certificate etc ?
If we can make a start, then it has been mentioned that there are very good Attorneys on this site that can help - how do I contact them?

Thanks for your help friends
Chris

[marmaduk]

I'm having a hardtime believing there's a house with the value of $18K....You sure its not 180K? If its the later, your fiancee can do reverse mortgage to generate income.
Also, if she's disabled, wont she also have disability payment and/or social security?
Alternatively, you can open a joint account CD worth 500K to generate 30K interest/yr @6% that she can claimed to be her income.

[Chris W]

Hi marmaduk
I know it doesn't sound much, but this is a modular home and that is what they are valued at.
So yes, it is $18k not $180k (it would be great to own a $180k home!)
she recieves a pension of around $670/month
SSI has been applied for but as yet we haven't heard anything.
I have some money at home (UK) but I have been told that it cant be considered as part of the financial calc's.
So, with only an 18k worth of capital behind us we still dont meet the financial criteria - is that right?
If we do, then can you explain please what reverse mortgage is?

Would my finances be considered under a K3 Visa if we were to marry in the UK?
If married in the UK, then would my then wife (US Citizen) have to stay there until the K3 Visa is processed, if so, what time scales are we talking about?
Many thanks for your help
Chris