Income requirements on a K1/K3 visa? Workarounds?
June 27, 2010 6:49 PM Subscribe
I read that there are income requirements for bringing a fiancee to the US on a K1/K3 visa. What are they exactly? Are there any legitimate ways around these requirements if I cannot maintain that income level?
I strongly suspect that I cannot very feasibly. My only income right now is a SSI check.
Other details:
The potential MrsFish is from Trinidad and I have yet to meet her in person, but we've talked online for several years.
I have Duchenne muscular dystrophy and me travelling overseas seems like it would entail great difficulty and possibly be dangerous.
I strongly suspect that I cannot very feasibly. My only income right now is a SSI check.
Other details:
The potential MrsFish is from Trinidad and I have yet to meet her in person, but we've talked online for several years.
I have Duchenne muscular dystrophy and me travelling overseas seems like it would entail great difficulty and possibly be dangerous.
I'm sorry, but your situation reeks of fraud. I'm not sure you fiance would be able to get approved for a visa even with the income.
posted by lockestockbarrel at 8:34 PM on June 27, 2010
posted by lockestockbarrel at 8:34 PM on June 27, 2010
It would be worth combing the forums at visajourney and alt.visa.us.marriage-based to see what experiences other Americans with severe disabilities have had importing their schmoopies.
For example, it might be the case that you would be better off trying to get her a travel visa so she can visit and you can meet (and have proof of meeting), than trying to convince USCIS that you and this person you've never met are in legitimate love etc etc.
posted by ROU_Xenophobe at 8:45 PM on June 27, 2010
For example, it might be the case that you would be better off trying to get her a travel visa so she can visit and you can meet (and have proof of meeting), than trying to convince USCIS that you and this person you've never met are in legitimate love etc etc.
posted by ROU_Xenophobe at 8:45 PM on June 27, 2010
You would need to make $18,212 per year in order to sponsor her (assuming you are not supporting anyone else--this amount is for a family of two). You can get a co-sponsor, someone who would agree to support her for up to 10 years or until she becomes a US citizen. Basically the government doesn't want you to bring someone here who would then end up on welfare. There are other ways to make this happen (ie: if she has significant assets) but you should speak to an immigration attorney who could look at your whole situation and offer advice.
posted by MsKim at 8:48 PM on June 27, 2010 [1 favorite]
posted by MsKim at 8:48 PM on June 27, 2010 [1 favorite]
Response by poster: lockestockebarrel: Yes, it isn't as if I never entertained that possibility earlier in the course of things. I might add, over 4 years, she never once asked me anything suggesting she was trying to get immigration out of this. That aside, your reply is only tangentially related to my question.
Everyone that replied about co-sponsors, very helpful and relieving information.
MsKim: Good suggestion, I do intend to meet her and have her visit for a month or two to be sure we work offline before any marriage.
On that though, does anyone know if a tourist visa is acceptable for such a visit as long as she leaves the US on time?
posted by MrFish at 9:14 PM on June 27, 2010
Everyone that replied about co-sponsors, very helpful and relieving information.
MsKim: Good suggestion, I do intend to meet her and have her visit for a month or two to be sure we work offline before any marriage.
On that though, does anyone know if a tourist visa is acceptable for such a visit as long as she leaves the US on time?
posted by MrFish at 9:14 PM on June 27, 2010
It depends on how long the visa goes for. B2 visas would let her stay for up to 6 months.
posted by cobain_angel at 9:22 PM on June 27, 2010
posted by cobain_angel at 9:22 PM on June 27, 2010
Here's why my response is entirely related to your question. Even if she won a million dollars tomorrow, the basis for her visa is being engaged to marry someone she's never met. When she goes to a US Consulate for her visa interview, it will be difficult for her to convince someone that your relationship is real. You should be aware of this and find other ways to be together--perhaps her visiting you as a tourist with a return plane ticket before applying for a K1/K3 visa.
I don't want to rain on your parade, but many people in your same position are victims of fraud and you need to do things to distinguish yourself from them so that the State Dept. and CBP allow her to enter the country.
posted by lockestockbarrel at 9:29 PM on June 27, 2010
I don't want to rain on your parade, but many people in your same position are victims of fraud and you need to do things to distinguish yourself from them so that the State Dept. and CBP allow her to enter the country.
posted by lockestockbarrel at 9:29 PM on June 27, 2010
I agree with lockestockbarrel. They WILL ask you questions like who sleeps on which side of the bed, and what color your toothbrushes are.
posted by cobain_angel at 9:32 PM on June 27, 2010
posted by cobain_angel at 9:32 PM on June 27, 2010
They WON'T ask you about toothbrushes and what side of the bed you sleep on (that is for the interview to remove the conditions of a conditional green card). Actually sponsoring a fiance is fairly simple (obviously the money part is a problem for you but...). Go to www.uscis.gov, click on forms, and check out the filing instructions for the 129F (there is some info there about international marriage brokers, if you have previously sponsored someone on a K1 visa, etc).
posted by MsKim at 9:43 PM on June 27, 2010
posted by MsKim at 9:43 PM on June 27, 2010
They WON'T ask you about toothbrushes and what side of the bed you sleep on (that is for the interview to remove the conditions of a conditional green card).
K1 interviews would just be of the foreigner, conducted at a US embassy or consulate nearby, and while they wouldn't ask which side of the bed anyone sleeps on for a couple that says they've never met, they might ask questions that get at the presence of a real relationship. What is MrFish's mother's name? Where was MrFish born? What was [detail of something from an email you submitted as part of the evidence of a relationship]?.
But they might well ask intrusive "are you really married?" questions at your first AOS interview, not your removal of conditions interview (if you even have one).
does anyone know if a tourist visa is acceptable for such a visit as long as she leaves the US on time?
Yeah. But. They might be unlikely to grant a visa to someone who's intending to spend a month with a man so they can see if they want to get married, at least not without some compelling evidence of an intent to return.
Again, check with people who've been there. But you might have better luck if she applies for a tourist visa for a shorter period, and probably shouldn't stress that she's visiting a probable husband (but don't ever actually lie to them; they are quick to anger and slow to forget). Once she gets a K1, you have 3 months from her entry date to get married, so you'll have some chance, if you want one, to see if it's working out.
posted by ROU_Xenophobe at 9:57 PM on June 27, 2010
K1 interviews would just be of the foreigner, conducted at a US embassy or consulate nearby, and while they wouldn't ask which side of the bed anyone sleeps on for a couple that says they've never met, they might ask questions that get at the presence of a real relationship. What is MrFish's mother's name? Where was MrFish born? What was [detail of something from an email you submitted as part of the evidence of a relationship]?.
But they might well ask intrusive "are you really married?" questions at your first AOS interview, not your removal of conditions interview (if you even have one).
does anyone know if a tourist visa is acceptable for such a visit as long as she leaves the US on time?
Yeah. But. They might be unlikely to grant a visa to someone who's intending to spend a month with a man so they can see if they want to get married, at least not without some compelling evidence of an intent to return.
Again, check with people who've been there. But you might have better luck if she applies for a tourist visa for a shorter period, and probably shouldn't stress that she's visiting a probable husband (but don't ever actually lie to them; they are quick to anger and slow to forget). Once she gets a K1, you have 3 months from her entry date to get married, so you'll have some chance, if you want one, to see if it's working out.
posted by ROU_Xenophobe at 9:57 PM on June 27, 2010
My mistake, they won't ask you stuff like that until you're adjusting your status. They should be fairly intrusive, though, even more so if they suspect fraud.
posted by cobain_angel at 10:15 PM on June 27, 2010
posted by cobain_angel at 10:15 PM on June 27, 2010
Having moved to the US via the K1 visa process I can tell you the question "Have you met in person?" is one that definitely came up in the interviews and they take it very seriously. US Customs and Immigrations is well aware that people meet online, it is a major source of K1 visa applicants these days, and are used to dealing with it, it is also why they take this question seriously.
There is nothing unusual in visiting a partner on a tourist visa however it is illegal to enter the US on a tourist visa intending to marry and they can and will refuse entry on these grounds, or on suspicion. When she applies for a tourist visa they will want to know she has enough money to support herself and somewhere to stay. 'Visiting a friend' should be all she needs to volunteer as a reason for traveling and it is a reasonable explanation for a longer visit. You should do this before you apply for any K1 visa, any visit on a tourist visa after this will be treated suspiciously and its common for people to be refused entry.
posted by tallus at 1:40 AM on June 28, 2010
There is nothing unusual in visiting a partner on a tourist visa however it is illegal to enter the US on a tourist visa intending to marry and they can and will refuse entry on these grounds, or on suspicion. When she applies for a tourist visa they will want to know she has enough money to support herself and somewhere to stay. 'Visiting a friend' should be all she needs to volunteer as a reason for traveling and it is a reasonable explanation for a longer visit. You should do this before you apply for any K1 visa, any visit on a tourist visa after this will be treated suspiciously and its common for people to be refused entry.
posted by tallus at 1:40 AM on June 28, 2010
Agreeing with what everyone else said, hope I'm not too late to add that the process costs around $4000 by the time she'll get her conditional green card (before which, she cannot work). It's a very big hit financially.
posted by saturnine at 7:32 PM on June 28, 2010
posted by saturnine at 7:32 PM on June 28, 2010
80% of foreign bride marriages end in success; a far greater percentage than traditional American marriages.
The United States Citizenship and Immigration Services (USCIS) reports that "...marriages arranged through these services would appear to have a lower divorce rate than the nation as a whole, fully 80 percent of these marriages having lasted over the years for which reports are available." [17] The USCIS also reports that "... mail-order bride and e-mail correspondence services result in 4,000 to 6,000 marriages between U.S. men and foreign brides each year."
She has been faithful for four years. If she was looking for a free ride she would have looked in greener pastures long ago and I'm assuming you have availed her of your financial situation. If anything she is loyal; a splendid attribute in a wife. Good luck!
posted by Muirwylde at 12:56 AM on June 29, 2010
The United States Citizenship and Immigration Services (USCIS) reports that "...marriages arranged through these services would appear to have a lower divorce rate than the nation as a whole, fully 80 percent of these marriages having lasted over the years for which reports are available." [17] The USCIS also reports that "... mail-order bride and e-mail correspondence services result in 4,000 to 6,000 marriages between U.S. men and foreign brides each year."
She has been faithful for four years. If she was looking for a free ride she would have looked in greener pastures long ago and I'm assuming you have availed her of your financial situation. If anything she is loyal; a splendid attribute in a wife. Good luck!
posted by Muirwylde at 12:56 AM on June 29, 2010
This thread is closed to new comments.
posted by cobain_angel at 6:58 PM on June 27, 2010