Hello everyone. I am new to this site but have found it very useful. I was hoping that some of you out there would be able to answer a few questions.
I am an American citizen and currently a graduate student in England. I am living with my partner, who is English. I finish my degree at the end of September. We would then like to move back to the States and get married.
I have forms I-129F, G325A, I-184, and I-184A.
I need to use a joint sponsor because I am a student. My parents are divorced and I split my time in the States between them (I am 22 and in university). Both of my parents are retired.
My stepmother's income exceeds the 125% poverty level for 4 people. She is happy to sponsor my partner. Is this allowed?
Can I claim my father's address as my primary one so my stepmother can be a joint sponsor? My mother claimed me as a dependent on her last 1040.
The I-184A requires the sponsor's signature and the joint sponor's signature to be notarized. Can the signatures be notarized seperately? I am in England and my stepmother is in America. I will not be able to come back to the States until late September. What is the British equivalent of a notary and does the INS recognise their authority?
For those of you who are still reading at this point, bless you. I know every visa situation is unique and complicated in its own way. I hope some of you are willing and able to offer some advice.
Sincerely,
Rebecca
On 2003-02-12 06:50, rgw21 wrote:
Hello everyone. I am new to this site but have found it very useful. I was hoping that some of you out there would be able to answer a few questions.
Welcome to Britnet!
My stepmother's income exceeds the 125% poverty level for 4 people. She is happy to sponsor my partner. Is this allowed?
Yes, as long as she is a US citizen and resident in the US, she can be your co-sponsor.
Can I claim my father's address as my primary one so my stepmother can be a joint sponsor? My mother claimed me as a dependent on her last 1040.
If your main address is with your mother, then that's really what you should put, especially if that's where you are going to be living when you get back to the US. It does not matter from an I-864 point of view, who sponsors you and what relationship you have with them.
The I-184A requires the sponsor's signature and the joint sponor's signature to be notarized. Can the signatures be notarized seperately? I am in England and my stepmother is in America. I will not be able to come back to the States until late September. What is the British equivalent of a notary and does the INS recognise their authority?
You can get it notarised at the consulate at the visa interview. This means that you will have to attend the interview along with your fiancé.
I am an American citizen and currently a graduate student in England. I am living with my partner, who is English. I finish my degree at the end of September. We would then like to move back to the States and get married.
You've probably already considered and rejected this option, but if you were to marry in the UK, your husband would be able to enter the US as a permanent resident (green card), and he wouldn't have to worry about AOS, EADs, APs etc. It's worth considering if you have it as an option. The time it would take from petition filing to visa is about 3 months.
Ameriscot, thank you so much for your reply.
We had not considered getting married in the UK. Would it be less paperwork and a more straightforward process to get married in the UK now? Do you happen to know the approximate time frame for receiving a K1 visa as opposed to my fiance entering the States as my husband? Would getting married now be any violation of my current status here? I am not on a student visa because US citizens aren't required to have one to study in the UK.
Thank you so much Ameriscot. You are a great help.
Sincerely,
Rebecca
On 2003-02-12 11:49, rgw21 wrote:
Ameriscot, thank you so much for your reply.
We had not considered getting married in the UK. Would it be less paperwork and a more straightforward process to get married in the UK now? Do you happen to know the approximate time frame for receiving a K1 visa as opposed to my fiance entering the States as my husband? Would getting married now be any violation of my current status here? I am not on a student visa because US citizens aren't required to have one to study in the UK.
Thank you so much Ameriscot. You are a great help.
Sincerely,
Rebecca
Overall, it is less paperwork to go to the US as a spouse than a fiancé. This is because you get your green card from day 1. The only admin thing you need to take care of after that is the social security number and driver's license.
The spousal visa takes about 3 months start to finish; the K1 3 - 5 months at the moment. You wouldn't be able to file your I-130 petition until you were married though, so this would delay when you start the clock ticking.
There shouldn't be any problem with your getting married in the UK. Obviously, if you were planning on staying beyond the validity of your current stay, you would have to get leave to remain as a spouse from the Home Office. You would need to prove to the US INS that you were "resident" (ie not a tourist) in the UK - info from your university and your police registration should be enough.
Before doing anything rash (like getting married in the UK), you should write to the INS in London explaining your plans and confirming with them that they will process your petition.
Ameriscot,
Thanks again for all of your help.
Take care,
Rebecca
Hi RGW
My mail to you keeps coming back ?But here are the links I said I would pass on.
http//www.k1faq.com/faq-indexhtm
( this a very useful to double check facts )
http//www.stephenpalik.com/ins/indexph?act=st&f=z&t=75&
http//www.kamya.com/misc/links.html
last link
http//britishexpats.com (click on the discussion forum on right hand side, then down to U.s.marriage based visas)
Note the 1-130 spouse visa it taking just as long as the 1-29f for now and in a few cases even longer.
Most of the service centers have been on a go slow since sep of last year, I only just made it through by a week before the slow down.
Hope that this is of some help kit
Note the 1-130 spouse visa it taking just as long as the 1-29f for now and in a few cases even longer.
Most of the service centers have been on a go slow since sep of last year, I only just made it through by a week before the slow down.
Hope that this is of some help kit
If Rebecca decided to go the I-130 route, she'd be filing it directly with the INS in London - not the Service Center. This way she'd bypass any of these delays. That's why US citizens resident in the UK should always at least consider this route.
I agree with Americascot, if you went to the US on a K-3 visa, it could take an awefully long time (about 18months) for you fiance to be a perm resident, the stress alone would be enough to put me off.
I honestly think that you should just get married in the uk in a registry office, i know its not a fairy tale wedding but you could just do it in a matter of weeks. And at a latter date just renew your vows for all the family. The fact that you can stay together in the uk whilst filling for the green card is a far better option and like ameriscot said 3 months instead of 5 (5 months if you lucky) is a better option all round. As once you get to the us your b/f will have to adjust status etc.. and this will be more waiting more expense.
<font size=-1>[ This Message was edited by Luked on 2003-02-12 1418 ]</font>
Ameriscot
Where in my post did I say Direct consular filling ?
The links I posted Ref to the 1-129f and the 1-130 WHICH if you had read the links would have told you that the 1-130 was where the usc Lived IN THE U.S.A going through the service centres.
There are 3 ways to get the visa
1 direct consular filling, which you had covered.
2 the 1-130 see above, or links.
3 the 1-129f.
As I stated the last 2 ways have slowed right down.
I happen to agree with you on the 1st route, it is easy and quicker, but to make a informed judgement, one must know all the facts. Hence my links.
kit
On 2003-02-13 12:25, kitty-uk wrote:
Ameriscot
Where in my post did I say Direct consular filling ?
The links I posted Ref to the 1-129f and the 1-130 WHICH if you had read the links would have told you that the 1-130 was where the usc Lived IN THE U.S.A going through the service centres.
There are 3 ways to get the visa
1 direct consular filling, which you had covered.
2 the 1-130 see above, or links.
3 the 1-129f.
As I stated the last 2 ways have slowed right down.
I happen to agree with you on the 1st route, it is easy and quicker, but to make a informed judgement, one must know all the facts. Hence my links.
kit
I thought we were addressing Rebecca's situation. Mea Culpa...
I would like to thank everyone for their replies to my post. I have taken Ameriscot's advice and written to the American Consulate in London to ask if they would process a I-130 petition under our circumstances. I will post their reply as soon as I receive it. Thanks again everyone.
Rebecca
Hi in reply to your post i strongly urge you to go the K1-Visa route, it may take longer till your together as opposed to the I-130 but you have more chance of actually getting it then him be deported.
I myself am a UK citizen and my finaccee is an American. We pondered over the I-130 but came to the conclusion that the K1 would be the best. The I-130 you would have to prove that you married 'on the spur of the moment' so if he has mulitple entries in his passport he would have to prove that he wasnt your finacee. The I-130 rasises lots of doubts and questions.
The K1 route may take 3-9months, its really a non set time. It depends where you like in the USA, different service centers in the USA will process cases differently. If you do decide to go the K1 route for sponsorship i doesnt have to be a family member, if can be a friend in my case. If your worried about the finanicial aid being a problem then dont, I'm a student Actually i just graduated, and so to is my finacee.
For going the K1 route for sponsorship you would need form I-134 and then when he changes his status after marriage he would file I-864.
Please, email me if you have any more questions or comments, having just recieved my K1 visa about a week ago i can provide up to date info. I also know what its like you read posts and think what the hell are they talking about it mad but hey email me and i will reply asap. Im new to this forum.
P.S excuse the typos and spellers, cant be arsed to check it thro
Laters
Matt
On 2003-02-12 06:50, rgw21 wrote:
My stepmother's income exceeds the 125% poverty level for 4 people. She is happy to sponsor my partner. Is this allowed?
yes because my wifes stepfather sponsored me.
On 2003-05-22 10:02, mattsthe2 wrote:
I myself am a UK citizen and my finaccee is an American. We pondered over the I-130 but came to the conclusion that the K1 would be the best. The I-130 you would have to prove that you married 'on the spur of the moment' so if he has mulitple entries in his passport he would have to prove that he wasnt your finacee. The I-130 rasises lots of doubts and questions.
They'd be talking about getting married in the UK and securing an immigrant visa (via I-130) at the US consulate in London. This is, for most people, a much better option than K1.