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newbie, ?'s about fiance visa
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Posted by: Cat1

Glad to find some people with experience in this subject. I am young, 22 and have found the girl of my dreams. I was an exchange student in Korea, and met a russian girl there. It has been 1 year since I left there, and she is now back in russia. I am still in school, and am worried that if we apply for this visa, they are going to ask for some kind of financial records. Basically, I'm afraid we will be turned down because I don't have a "real job" yet.. Just an internship I am currently working is all that I have, besides part time work. My question is, will we be denied because I am not established yet? Or should I start applying now since I am almost finished with school, and will probably have a job as soon as I graduate? Any suggestions will be very helpful. As for other requirements, I have travelled to meet her in Russia, have plenty of photos and plane stubs.
Thanks

Posted by: searcher

Hi,

I don't know all of the requirements. I do believe there is a certain income level that must be met. It is dependant upon the number of persons in the family.

You can check the USCIS (formerly BCIS, former INS) web site, it may have more details.

Here is a link to it:
http://uscis.gov/graphics/index.htm

Posted by: ConnerVT

The answer is... maybe.

The income requirement to sponsor someone for a visa is 125% of the poverty level. In 2004, for two people (you and her) you need to show you made $15,612.50. The government wants to be assured that anyone they let into the country won't soon become an addition burden on government social serviceprograms. You will need to document this income (with your most recent tax return) at the time of her interview.

These days, this is not much income to be considering starting a family. If she has strong English skills and has completed her education in a field employable in the US, she may be able to contribute to your income once she's here (although USCIS will not consider this potential income at her visa interview). But many find that they end up under-employed compared to their education. Also, remember there will be hefty translation fees and accreditation certifications to show her education's equivalent in the US.

Only you know your situation. I can understand your enthusiasm. But it's better to 'Do it right' than to 'Do it right NOW.' It's important that together you decide what is best for the both of you.

Good luck.

Posted by: ulughbek

Whoever sponsors the immigrant must provide an affadavit of support swearing that they will take care of that persons expenses upon arrival to the country and for the next 10 years (unless certain conditions are met that dissolve the relationship). If you do not meet the income criteria, you can have someone else who does (e.g., parents) file the affadavit of support, but then they are financially responsible for the immigrant.

That is what I remember about it, but you probably want to study the USCIS pages to be sure.

Posted by: Cat1

ulughbek,

I think you are right. I could have my parents fill out the I-134 form. Even at the job i'm working now, I won't make the $15,xxx to be above the poverty level. However, is there a way to prove your income without having a tax form? Say, for instance, you just got a new job? Thanks for all the replies, you all have been very helpful.

Posted by: ulughbek

Cat1,

I looked again at my paperwork and can add the following. For the I-134, you promise support for three years. It is at the marriage stage that you promise support for up to 10 years.

If you have a new job, you will file a letter from your employer stating that you are employed there, and your salary. I think that would be enough for filing, and I don't think it is grounds for denial, but your petition might be more closely scrutinized.

I just got paid some new credit card bills today, so maybe I am a little pessimistic. But it is an expensive proposition to bring someone to the US. Only you can know whether it is the right decision to marry now, but you should think carefully about if it might be better to wait until your financial situation is more stable. You will be paying several hundreds just in application fees. Then there are plane tickets, wedding expenses, etc. And you should have plenty left over to "set up house" and help her while she is training/looking for work here. I agree with Conner that it is better to "do it right" than to "do it now". But if she is the one for you, who am I to give advice?

Posted by: ConnerVT

A couple of clarifications:

The I-864 (Affidavit of Support) states that you are responsible for support until the sponsored person has completed 40 quarters of work or has become a naturalized US citizen. 40 quarters = 10 years, but only if she works continuously for those 10 years. So it can be longer than 10 years (potentially indefinitely). I believe very few Russians become naturalized citizens, for they typically have very strong feelings toward the home country.

While on paper, the USCIS allows co-sponsors for support, I would be uncomfortable trusting that they would approve a K1 visa in this manner. I believe that it's more commonly used to allow the patriarch of a family to offer support to immigrant children's' wives and families move to the US after they have. It may be more effective with a family based visa, such as a K3.

At the interview, they will request a tax form. While you may be able to prove you have a larger income than last year, I am always nervous when you present anything outside the norm for what is asked for. The implementation of the Immigration and Nationality Act allows for too many opportunities for a petition to be denied, or at least put on hold pending further investigation. What you wish to do is make your situation look as a "textbook" example, raising as few red flags as possible.