K-1 Visa Help!!

[fefe03]

What the minimum monthly income is for the state of colorado to be a k-1 visa sponsor and if my fiance can stay in the u.s while the k-1 visa is processing?

[fefe03]

What the minimum monthly income is for the state of colorado to be a k-1 visa sponsor and if my fiance can stay in the u.s while the k-1 visa is processing?

[SunDevilUSA]

FeFe03: In order to answer more accurately, we need additional information.

You say that you want to apply for a fiance visa (K-1), but that your fiance is already in America.

What is his current immigration status?

How did he enter America - legally or illegally?


If he entered legally, what visa did he use?

If he is illegal, how long has he been out-of-status?

[fefe03]

My fiance is not in the united states he is in Scotland a.t.m we are currently in the process of getting kis K-1 visa processed it should be shipped out either today or tomorrow
the few times that he has came to the us he came on a visa waiver and stayed his legal amount of time all 3 times but i dont know if he is allowed to come to the us while his papers are being processed and i dont know how much i need to make in order to be his sponser for the k-1 visa or if ill need someone else

[SunDevilUSA]

Once you've applied for his K-1 visa, it's better that he remain in Britain until he receives same.

If he attempts to enter America using the Visa-Waiver Program, it's likely that he'll be denied due to the fact that he has evident immigrant intent.

Given that he's already entered the country three times using the VWP - and has stayed for the maximum time allowed on each occassion - it's likely that he's already been flagged as having spent considerable time in the country.

My advice is to wait for the K-1 visa.

[fefe03]

ok thank you i thought that was the case. Do you know how much income i have to make in order to be is sponsor???

[fefe03]

Oh yea and i also need to know if its possible that i go over there while the papers are processing??

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by fefe03:
ok thank you i thought that was the case. Do you know how much income i have to make in order to be is sponsor??? </div></BLOCKQUOTE>

It depends on the sponsor's household size. Here's the 2007 Poverty Guidelines. 125% is the magic target.

http://travel.state.gov/visa/immigra...info_1327.html

Is this case distinct from your sister's? Either way it's unwise to start a new thread since your concerns are the same. You see, you have to give the case background all over again.

[Rough Neighbor]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by fefe03:
Oh yea and i also need to know if its possible that i go over there while the papers are processing?? </div></BLOCKQUOTE>

There's no restriction in the regulations about short travels that applies to a USC fianc(é)e in any stage of the K-1 visa processing. Lovers need to always be in each other's arms. And the law knows and respects that. That's not true for the alien though. But that's the idea behind the K-1 visa provisions - to accommodate such kind of relationships, and shortening the time that lovers are apart.

[fefe03]

the family unit does that apply to my mom and dad and my brother?? cause i am living with them now (im the k-1 visa sponsor) and does it have to incluse him aswell??

[Rough Neighbor]

It involves you only, in your own right, as to your own capability to sponsor. Living with other members of your family doesn't make any of them included in your own household.

[fefe03]

I am planning on going to scotland at the end of october and saty for six month or until his papers have been processed. I will have to quit my job in order to do so, therefore leaving me with a zero income. Is that a good idea, or should I stay with my job? will i have to show proof of income?

[SunDevilUSA]

It would be better to remain and work.

[Rough Neighbor]

Not necessarily. Provided, that you have earned enough from January to October to cover the qualifying 125% amount of income based on the 2007 Poverty Guidelines by household unit size. But why six months and why do you have to give up your current employment? Love is everything but, without knowing your personal circumstances, I wouldn't personally stretch my own decision-making or hierarchy of priorities that far. Showing proof of your income is a given.

[william_wallace1967]

Good luck fefe03. I am also from Scotland and my fiance is appyling for the K1 visa approx January 2007. Were going to get an immigration lawyer to do ours. Are you or you doing this on your own?