Fiance and family

[RafaelBidese]

Recently, my wife received a job offer from a company located in the US and we are considering immigrating with our family.

- My wife is an american citizen, born in the US. She holds an american passport, social security number and birth certificate. She left the US when she was 3 years old.
- We are both Brazilian citizens and we are currently living in Brazil.
- We have been together for about 7 years, living in the same house for about 3 years.
- We have two kids that are both 2 years old, we didn't do American documents for them.
- My wife has close relatives (aunts) that live legally in the US and could be joint sponsors in the process.
- I have a very close friend who is an American citizen and offered himself to financially sponsor us if needed.
- Currently, we are not married because we never had to, but we could do that with no further issues.

We have a letter from the company stating the intent of hiring her, a rental contract with a condominium that will start when we get there and the documents for financial support from her family and our friends.

Now, since we have some urgency with that, what would be our best choices of visa, petitions and etc?
I understand that for me, a K1 seems like the fastest choice. Is that precise? But what visa should we get for our children?

Thank you in advance!

[inadmissible]

K-1 for you, K-2 for the children

[RafaelBidese]

Thanks!

K-1 for you, K-2 for the children

Thank you for quick your response! I am sorry, but I may have double posted it, so don't "accept" the other thread, please.

Moreover, any insights on how much the consulate paperwork may cost?
Is an immigration lawyer necessary to file the petitions?
And, what would be the timeline for a K2? Does it run "attached" to the K1 process?

[RafaelBidese]

Too quick!

Thank you for quick your response! I am sorry, but I may have double posted it, so don't "accept" the other thread, please.

Moreover, any insights on how much the consulate paperwork may cost?
Is an immigration lawyer necessary to file the petitions?
And, what would be the timeline for a K2? Does it run "attached" to the K1 process?

I found the answers to these questions with a quick search in the forum, maybe I should have done it before posting the questions.

Though, another question came to me: Do the US citizen have to file the taxes from abroad before starting the K1/K2 process? Even if we were students with basically no income, living off our parents.

[newacct]

I found the answers to these questions with a quick search in the forum, maybe I should have done it before posting the questions.

Though, another question came to me: Do the US citizen have to file the taxes from abroad before starting the K1/K2 process? Even if we were students with basically no income, living off our parents.

The requirement to file US taxes is the same for a US citizen no matter if they are living in the US or abroad, and that is, if their income that year is above a certain threshold, they must file US taxes. The thresholds can be found in the beginning of the respective year's Form 1040 instructions, in a section called "Do You Have To File?"

[RafaelBidese]

Joint Sponsor's Affidavit of Support

The requirement to file US taxes is the same for a US citizen no matter if they are living in the US or abroad, and that is, if their income that year is above a certain threshold, they must file US taxes. The thresholds can be found in the beginning of the respective year's Form 1040 instructions, in a section called "Do You Have To File?"

I understand that, she never met that minimum. I just left the school and she is finishing her degree in the next months. For that time our parents were paying our bills. Recently I started working but she is the citizen, not me.

Because we only have a letter from the company stating that they will hire her for some good money (above the 125%), we would like to file a joint sponsor to help our case. Is it really necessary?
Moreover, I understood that the petitioner must file a I-134 for the beneficiary in the process. But how about the joint sponsor's I-134, should it be filed for the petitioner or the beneficiary?

[newacct]

I understand that, she never met that minimum. I just left the school and she is finishing her degree in the next months. For that time our parents were paying our bills. Recently I started working but she is the citizen, not me.

Because we only have a letter from the company stating that they will hire her for some good money (above the 125%), we would like to file a joint sponsor to help our case. Is it really necessary?
Moreover, I understood that the petitioner must file a I-134 for the beneficiary in the process. But how about the joint sponsor's I-134, should it be filed for the petitioner or the beneficiary?

All I-134s will be filed for the beneficiary. But some consulates may not accept "co-sponsor" I-134s since I-134s are not legally binding.

[RafaelBidese]

Bank Account & Long Relationship under K1

All I-134s will be filed for the beneficiary. But some consulates may not accept "co-sponsor" I-134s since I-134s are not legally binding.

I understand that. Seems like they accept it in Brazil.

Does it help the case if I have a bank account shared between me and my fiancee with some money, even if the money is still in a Brazilian bank account or it only matters if its already in America?

Double checking because its bugging my mind:

- We have been together for about 7 years, living in the same house for about 3 years.
- We have two kids that are both 2 years old, we didn't do American documents for them.

Can I still file for K1/K2 under those circumstances? Won't it look strange that we have been together for so long and we are not married? Fact is, we never had a reason to marry before.