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Topic: K-4 Visa Financial Support Proof question  (Read 1753 times)

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K-4 Visa Financial Support Proof question
« on: October 07, 2011, 07:37:08 PM »
So I'm looking into the process of moving over to the US and applying for DH's green card from within the US.  I've come across this bit...

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During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen spouse is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support, be submitted by the U.S. citizen spouse.

The U.S. citizen spouse will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident.

Does this mean that I have to be DH's sponsor?  I think with DCF someone else (like my dad) can be his sponsor right?  Can my dad still sponsor DH if we apply from within the country?

If I have to sponsor DH can I use an employment contract to prove that I can support him?


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Re: K-4 Visa Financial Support Proof question
« Reply #1 on: October 07, 2011, 09:39:47 PM »
I'm sensing a few bits of confusion here.

No spousal visa path to the US allows your DH to apply for his green card from within the US. The only one that did is a path that has been administratively removed for a few years now. You can now get your DH to the US in a few ways:

- Apply while both in the UK by filing the I-130 directly at the Consulate. This is DCF and nets you a CR-1 visa if you've been married less than two years or an IR-1 visa if married more than two years. Once he enters the country the production for his green card is ordered with no further processing needed.
- Move to the U.S. and file the I-130 with USCIS. This is the same process, done stateside, where it takes longer. It still nets you the IR-1 or CR-1 and the green card once he entered.

It used to be possible to submit the I-129F during the stateside filing process and net a visa called a K-3. However, this path has been more or less closed; it was designed to reunite families faster because it only granted permission to enter the country and additional filing had to be done once the spouse was stateside. Once the processing times for K-3 and CR-1/IR-1s started running neck and neck, USCIS started removing K-3 petitions and converting all petitions to CR-1/IR-1 administratively. So, in a nutshell, K-3 is dead.

Now, as for sponsorship, you must be the primary sponsor for your spouse. A job contract is not enough evidence to sponsor your spouse; you need tax returns and proof of income that will continue in the U.S. That being the case, you are allowed to have a co-sponsor, who must meet 125% of the poverty level for their household size plus the immigrant and provide proof for that. The I-134 is what is needed for a visa like the K-1; for the CR-1/IR-1 route you'll need to look at form I-864 for you and your sponsor and be able to provide the information needed there -- three years of tax returns, bank statements, etc.
« Last Edit: October 07, 2011, 09:48:26 PM by Gwen666 »


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Re: K-4 Visa Financial Support Proof question
« Reply #2 on: October 08, 2011, 10:31:47 AM »
So with the second option, I would move over ahead of him is that right?  I'm guessing DCF it is then if we don't want to be separated?


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Re: K-4 Visa Financial Support Proof question
« Reply #3 on: October 08, 2011, 03:57:38 PM »
DCF is cheaper, faster and means you don't have to be separated. The only compelling reason for doing the visa stateside through USCIS would be if you didn't have a co-sponsor and needed to move back to establish domicile for the I-864 first.

Either way nets you the same visa.


Re: K-4 Visa Financial Support Proof question
« Reply #4 on: October 08, 2011, 04:24:26 PM »
Our DCF time frame was June 2010-Feb 2011, 9 months from mailing off the I-130, RFA & then Interview/Approva w/the Embassy in Londonl. If I had gone back stateside & filed everything from there with USCIS it would have been anywhere from 24-36 months (from other's that have gone through it).

One thing you can do is file the I-130 with the Embassy in London and once that's approved the OP can return to the US to establish Domicile & the financials to support the I-864 as a sole sponsor. I know of a few people who have done it this way.


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Re: K-4 Visa Financial Support Proof question
« Reply #5 on: October 09, 2011, 01:31:53 AM »
One thing you can do is file the I-130 with the Embassy in London and once that's approved the OP can return to the US to establish Domicile & the financials to support the I-864 as a sole sponsor. I know of a few people who have done it this way.

You don't have to wait for the I-130 approval.  The USC can move anytime after the I-130 has been received/registered.


Re: K-4 Visa Financial Support Proof question
« Reply #6 on: October 09, 2011, 05:21:59 AM »
You don't have to wait for the I-130 approval.  The USC can move anytime after the I-130 has been received/registered.

Even better if the OP should choose to go that route instead.


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