on getting married, paperwork, lawyers, closing the distance.. and other such things

[summerkid]

Since it seems there are quite a few of us undergoing changes, or dealing with authorities, moving, etc. I was thinking maybe we can have a place to vent or share or ask questions in.

My summer so far has been the craziest and I think probably the best in my life. We met up in may and have been living together ever since. We got engaged a week and a bit ago.. and now we're looking to get married.

Our goal is to clase the distane next summer. Which is very exciting.. but also scray and crazy, because I would be moving to the United States which is far away from everything I know. Anyways, in order to be able to do this we decided to get married as soon as possible. So.. I have a few questions and would be really grateful if you guys could share your thoughts or knowledge:

1) Lawyers... we're thinking of getting a lawyer on board for the visa process. My friends who recently went through green card process advised me to get a lawyer to make things smoother. But a lawyer is quite expensive. Did you employ the help of lawyers? Was it doable without?

2) I know I need a sponsor. But I heard that the cutoff is at 19.000 USD/year. My SO makes less than that cause he's a graduate student. He does have a lot in savings though. Do the savings count? Is there any way around this?

3) We're planning for the entire process to last about a year - according to the info on visajourney and USCIS sites. I will be in school this year though and I cannot leave europe earlier than June. So, if we get the visa approved earlier than expected, do you know if you have to honor it immediately?

We're planning on doing the civil ceremony now, in September. The information I gathered so far led me to believe the easiest place to get married in europe is Denmark ( if not Denmark, then Sweden). So we're probably going to do that. We're definitely not taking our time, but we're certain this is what we want to do.I am excited ... but I am also worried about this whole process and stressed a bit.

As I said, I'd really appreciate it if you guys knew anything about this.. or if you haev similar experiences to share, or thoughts .. concerns. I think there are a few of us engaged or getting married soon and applying for visas or closing the distance. What are some of your frustrations or thoughts? ..

[kittyo9]

Bumping because I will eventually have to go through this as well.

From my understanding, the process is perfectly doable without a lawyer, especially if you can't afford one, but a lawyer always helps to avoid mistakes.

[lucybelle]

1. Lawyer- bad idea. I have seen so many people on visa journey get screwed over by lawyers. They feed you bad information so they can increase their paycheck. I've never seen anyone, anywhere recommend a lawyer. I'm doing everything by myself and I think it's quite doable. Just super frustrating (which doesn't improve with a lawyer!)

2. https://www.uscis.gov/files/form/i-864p.pdf There's the poverty guidelines, which can change year to year. Your SO should be making at least 125% over poverty. If he's not, you can make up the rest with liquid assets, but it needs to be a significant amount. I think it's 5 times. So if he only makes $15.000 a year, he should have $4000x5 in liquid assets, $20,000.

3. You have 6 months to use a visa, from the date of MEDICAL EXAM. I assumed our process would take a year, but they're not quoting that just approval of the I130 (the first step of the process) will take 12-13 months. Which means the whole process would take 1.5-2 years. Who knows how true this is. All I know is I filed my application in March and have heard nothing. And there have been very, very few approvals in the month of July.

My general advice is to go to visajourney.com forum for all these questions. Lots of people here do apply for visas, but EVERYONE on visa journey applies/d for them. So you're bound to get more info from that site.

Best wishes

[summerkid]

thanks so much lucybelle!! I am reading the forums and info on visajourney... I just haven't gotten that far I guess. I'll keep at it, for sure. Wow.. 2 years in just an insane amount of time. I really hope that's not the case.

Thanks for the info in the lawyer. You have a very good point. Our main idea was that maybe a lawyer can advise on how to get over the minimum income threshold situation so that we don't get stuck there. But reading your reply, I am thinking we can maybe we're a bit too hasty and we should get more information before we get the services of a lawyer.
I feel incredibly frustrated by all of this. Kittyo9.. you might be right, as lucybelle also pointed out.

[Zephii]

I second LB on the "you don't need a lawyer" thing. Unless you're applying in a language you're not fluent in, they are a huge unnecessary expense.
And yep, your savings are counted. You may also be able to have someone guarantee for you - here, you can get someone to sign a statutory declaration saying they support you (like parents or any family member you're living with, or who's willing to give you money if you need it) but I don't know if the US have the same rule.

I'm not a fan of visa journey myself, but just to keep things tidy, threads like these belong in the closing the distance section of the forum

[summerkid]

oh.. sorry. I didn't realize I should have opened it in the closing the distance section. Partially because there are so mayn things between now and closing the distance, that it doesn't feel like that's what this is about.

Why not a fan of visajourney?

[MattDavies86]

From my research, visas are very do-able alone, this is my first time now with ours so I did hire an agency, not a lawyer, it wasn't too cheap or expensive, works out around £800 in total for everything, the next visa however is £2500! but that's a settlement, personally I would use the same agency providing we get this visa first time no troubles, there is a lot of work involved on your own, and still I had to do a lot of leg work with the agencies help too.

About how much your partner earns, that's a tricky one, I'm lucky, I have to earn 18000 a year here and I'm on 24k+ overtime, I don't know of a way around this, perhaps if he has a load of savings like you said then it balances out?

[summerkid]

MattDavies86, we never considered an agency. I'll look into that option. I hope you get your positive answer soon. Good luck! It is better to be safe than sorry, which is why the option of a lawyer is tempting for us. A friend of mine recently went through this and had to pay 1800 USD for the lawyer. Add that to the fees incurred when filling for a visa.. you get a pretty serious sum.

With his income.. yeah, it will be a bit of a challange. I'd definitely be the earner, at least for the first few years. But I need the paperwork to be employable He has quite a bit in savings, so judging by what lucybelle said and what I read on USCIS, I think it should be enough. If not, we'll probably have to ask a relative of his to sponsor me.

I really wish all of this was at least a bit easier. I feel like I am terrorist or something and that is why I have to jump through so many hoops.

Another issue is the financial aspect. I am broke this year because I quit my job to imrove my education. My parents are also in financial difficulty this year. So that means he's have to pay most of the fees. And that really bothers me. I don't know if any of you went through this.. and I somehow understand it's the best option, but I am used to being able to carry my own weight and it just makes me want to drop all of this and postpone it to when I have a job and I can contribute to everything...

*improve... sheeeshhh.. clearly I did the right thing by opting to further my education haha

[snow]

I know what you're going through and all I can tell you is to really read into the things you will need and make sure everything is 100% done before you send it in!

I have everything written down on a single page each:
- filing for the Fiancé(e) Visa
- what to do once that is approved
- what to do once I arrive in the US
- apply for adjustment of status
- get my working permit

I can type it up for you if you want me to (or if others are interested I could share it on here).

However: I am by no means an expert on these things, I just took a lot of time reading through every single page and going through all the forms and papers we need!

[kittyo9]

I really wish all of this was at least a bit easier. I feel like I am terrorist or something and that is why I have to jump through so many hoops.

My SO feels the same way sometimes-- we're pretty bitter about having had both his tourist visas denied despite having strong evidence that he would return to his country (he had 2 semesters left of school to finish his degree, he owns part of his house, all his family is in Peru, and he had money waiting for him tied up in a lawsuit in Peru). He's vented to me several times about how he feels like they're treating him like some terrorist or low-life coming to steal all our jobs.

snow, I'd really love to see those documents (particularly the last two), if you're up to it.

[Zephii]

oh.. sorry. I didn't realize I should have opened it in the closing the distance section. Partially because there are so mayn things between now and closing the distance, that it doesn't feel like that's what this is about.

Why not a fan of visajourney?

You're cool, I'm just being an old bat lol.

I think Visa Journey is very helpful for some people, but for others it seems to add to their over-whelmedness (is that a word? It is now) and can confuse people as to what they actually need. When the best thing they can do is what Snow has done (you're awesome, by the way) read up and understand what they need to do, write it out in a way that they won't forget any of it, and take it step-by-step. One think I learnt doing our visas was that (like pregnancies hah!) every couple's visa experience is different. People in nearly the same situation as Obi and I, don't the same visa, had different processing times and the government asked for different additional supporting documents. So while reading other's stories has it's place, at the core of it, it isn't as useful as focusing on your own situation.

If that makes sense. I don't think it does. Probably best to disregard anything I say right now lol. :/

[snow]

Alright so here's what I've got:

First of all - the american citizen has to apply for the visa!!

~~~~Fiancé(e) Visa [NO ORIGINALS - ONLY COPIES!!]
I didn't list any documents showing that you're not married anymore - if you have been married before you have to proof you can legally marry again!

• payment of $340
• cover letter[listing everything that is in the package]
• FORM I-129F [fiancé(e) visa]
• Declaration of how you two met [1 page]
• Statement you intend to marry withing 90 days of arrival [1 page in the form of a letter]
• Proof you have met within the past 2 years & ongoing relationship [boarding passes, train tickets, itineriaries, passport stamps, movie tickets, any other proof (pictures, preferably with family members, phone bills, letters, emails, written documentary proof ~ 2-5 of each]
• FORMG-325 A [biometrics for both you and your fiancée]
• passport type photo [of both]
• birth certificate [or other proof of american citizenship - front and back]
• FORM G-1145 [email & text notification]

~~~~~Once I-129F is approved ~> send whole package (list above) to alien fiancé(e)
The non-american citizen is going to have an interview in an american embassy in their home country (where they might have to get shots if needed!)

• copy of entire pack & things you had to send them after [take to interview]
• originals of proof of having met & having a relationship [passport, letters & such]
• letter affirming desire to marry & continued support [from american citizen]
• FORM I-134 [affidavit of support]
  - 2-3 most recent pay stubs
  - signed letter from employer [job title, start date, salary, status of position]
  - bank information [date account was opened, total amount deposit last year, present balance, average balance last year]
  - bank statement
  - income tax documents [tax retuns past 3 years, W2s]
• NOA2 [you receive two NOA (notice of actions) - the second is basically saying the non-american citizen has to have an interview]
• proof of ongoing relationship [from filing to interview]
• vaccination record -> receive copy of DS-3025 [shots you got]

~~~~After arriving in the US
To do list :P

• apply for social security number [2 weeks after entrance]
  -FORM SS-5 [social security card]
  -passport & visa
  -valid I-94 [the little paper you get in the plane before you land]
  -US immigration documents
• apply for marriage licence [in CT it's $30]
• apply for marriage certificate
• get married [WOHO!]
• change name on SSN
  - SSN card
  - marriage certificate
• complete Form I-693 [medical ~> copy of DS-3025!]
• apply for adjustment of status [become a resident ~> get green card]
• apply for employment authorization document [work permit]
• apply for advance parole [if needed - you can't leave America without it or you may not reenter]

~~~~Adjustment of status for K-1
Apply as soon as you get your marriage certificate - it takes a LONG time to become a resident - in CT they are currently processing the applicants from april 2012 :/

• payment of fee $605 + $85 biometric fee
• cover letter [with all the things you put in]
• FORM I-485 [adjustment of status]
• copy of spouse's passport [all important pages]
• copy of spouse's visa
• copy of NOA2 [approval for 129F]
• copy of spouse's I-94 [front & back]
• copy of birth certificate [& translation if not english - front and back]
• certified copy of marriage certificate
• FORM G-325A [just non-american citizen]
• two passport type photos
• FORM I-693 [medical]
• FORM I-864 & copy of info for I-134 [affidavit of support]
• FORM I-765 [work permit - you CAN put it in here and pay $380, but it nullifies once your visa runs out and the process takes 90 days itself so it won't be done when you apply for it at the same time you apply for AOS! It's best to apply for this separately!]
• FORM I-131 [travel permit - if you need it]
• FORM G-1145 [email & text notification]

~~~~Employment Authorization Document [EAD]
It's best to apply for this separately because the process takes 90 days - it however ends with your visa running out.
So once you applied to become a resident you are an "applicant to adjust status" and can stay in america - if you leave you can't reenter

• payment of $380 + $85 biometric fee
• FORM I-765 [EAD]
• copy of form I-94
• 2 passport photos
• copy that I-485 is pending
• FORM G-1145 [text & email notification

You will have an interview where you'll be asked many, many questions to proof that your relationship is real, but once that's proven you will either get your "green card" right after the interview or it will be sent to your home - however you will have to do that interview dance over and over for the next years: after 2, 5 and then after each 10 years.
To get the interview can take up to two years - so be prepared for that!

All the information I put here, I have from:
immihelp -> https://www.immihelp.com/visas/kvisa...n-process.html
&
visajourney -> https://www.visajourney.com/content/guides

[Captivated]

My husband and I have been through the *pain-staking, long, drawn-out* process of moving to the US. If you have any other questions, let me know. Although I see Snow has got a lot of good info already up. For us it took about 8 months to get the visa and still waiting on the green card. We applied for an i-129 and k-1 visa. We decided to wait to get married until he got the visa so he could move here first (in case anything went wrong). No lawyer needed...just read, read, read!

[Mayrainlove]

I wanted to say congradulations on your big steps. I'm so excited for you. Also wanted to wish you good luck on this process. You will always get support here.

[dizzyupthemeg]

I need someone in my life like Snow when I start this process for Canada. Visa's terrify me.