General Question Regarding K1 Interviews outside the USA

[balisurfer]

Hi all I'm new to this site & have been reading some great info here but I have a few questions... I currently live in Indonesia with my Fiancé & we are at the final stage of the K1 VISA for her to travel to the USA for our marriage. During this insane process I have a ton of questions that I hope you all can shed light on here. So here it goes....

1. Why can't I be in the interview with my Fiancé to answer any questions about our relationship especially regarding my Finances, where we intend to live etc. ? Am I not part of this process ?

2. Regarding my income... we were almost given the VISA but at the last minute he unstapled it & said we need a co-sponsor because I don't make enough. (I was 1/2 expecting it but we don't live in the USA & my total assets add up to around $22,000K annually Now as I understand for the 2 of us that should be enough. Also the fact that I'm starting a business & we live in Indo not the USA was never taken into account. 22k in Indo is like make 70K in the USA) So is this guy wrong ?

3. Another issue is this. My Fiancé was issued a single entry VISA good for 6 months. From Oct. - April. She returned back to Indo 2 days before the due date. Why does the Immigration officers keep saying she overstayed ? You can plainly see she didn't overstay on her passport yet they keep saying she overstayed.

I have more to ask but will make a separate post.

Regards
Stressed in Indo.

[nichole]

Hi all I'm new to this site & have been reading some great info here but I have a few questions... I currently live in Indonesia with my Fiancé & we are at the final stage of the K1 VISA for her to travel to the USA for our marriage. During this insane process I have a ton of questions that I hope you all can shed light on here. So here it goes....

1. Why can't I be in the interview with my Fiancé to answer any questions about our relationship especially regarding my Finances, where we intend to live etc. ? Am I not part of this process ?

I don't know Indo so can't answer. Many consulates allow the fiance and some almost require it if you want to be successful . Consulate procedures vary all over the world.

2. Regarding my income... we were almost given the VISA but at the last minute he unstapled it & said we need a co-sponsor because I don't make enough. (I was 1/2 expecting it but we don't live in the USA & my total assets add up to around $22,000K annually Now as I understand for the 2 of us that should be enough. Also the fact that I'm starting a business & we live in Indo not the USA was never taken into account. 22k in Indo is like make 70K in the USA) So is this guy wrong ?

Various answers here.

You are going to support somebody in the US, not Indo. You need a US income.

You need to meet US standard of living guidelines.It doesn't matter how far 22k will go in Indo. You aren't going to live ther once she gets a K1 visa.

If your income is US based and will continue once you leave Indo, then provide proof.

Assets: Read the instructions for the form. A US yearly salary of $22k would meet the guidelines. However with no US salary you can use assets but it's 3 times the poverty guidlines. So using round numbers for 2 people (you + her, no kids)
$20,000 x 3 = $60,000 in assets to qualify. $20k is rounded up but you get the idea.

3. Another issue is this. My Fiancé was issued a single entry VISA good for 6 months. From Oct. - April. She returned back to Indo 2 days before the due date. Why does the Immigration officers keep saying she overstayed ? You can plainly see she didn't overstay on her passport yet they keep saying she overstayed.

Did she ask them? Did she show them the date on the visa and the date she returned and a boarding pass to back up the date she flew out of the US?

[balisurfer]

Thanks Nicole...

Well regarding the Interview part. I started to walk into the room with her & the guy told me I couldn't come in.

Money Wise we stated we will & already live in Indo as I'm starting a business there. The reason for getting married in the US is for the possibility of maybe someday moving back but not in the immediate future. But see your point.

Overstay part. Ya she showed the guy her VISA stamp by US Customs showing when she entered & left. It appears they can't do basic math or something.

In any case my sister & her husband who own their own multi million dollar business is going to be a co sponsor so I can't imagine they would deny us now on this issue. Her & her Husband pull in well over 100K each.

My biggest stress now is we go back Monday & it's not the same guy & some other person hassles us for a different reason.

[nichole]

Okay some confusion--

1. A K1 visa is to enter the US, marry within 90 days, and remain in the US by applying for adjustment of status (greencard) for her. It is intended for immigration and the greencard takes months to get. Then she can only visit outside the US. Going back to Indo to live will abandon her GC and they will cancel it. It's not until she acquires US citizenship that she can come and go with out time limits. She would be eligible to start that process 3 years after the date on her GC if she remained married and spent the full 3 years in the US. So given the application times, it would be close to 4 years from now she could be a citizen at the earliest.
   
2. A B2 visitor visa would allow her into the US to visit and even marry, but she would have to return when her visitor time was up. An overstay would keep them from issuing a visitor visa. Going with a fiance with the intent to marry might also make them think she might not return so they might deny it. Having someone who will fund her short visit to the US on a B2 is not as much money as intending to immigrate via the K1.
   
3. Marrying in the US does not help with a future move there in any way. You can marry in Indo and apply for the CR1 immigrant visa if married less than two years. Or the IR1 visa if you have been married 2+ years when you apply. As a matter of fact, you can file the petition directly to the consulate in Jakarta rather than the USCIS in the US if you are residing in Indo.

So are you really in the K1 fiance visa process or was that a typo? It's a lot of time and money just to go to the US with no intention of living there. And it does nothing toward a future move there. You start over when you're ready to move there. Plus you've got a previous K1 on your record that you didn't follow through on to explain.

[balisurfer]

YA actually today we just got approved for the K1 VISA. As far as living in USA vs Bali & getting a green card we will take our time in the USA & think over what we want to do. Thanks for the heads up & the useful info. Much appreciated. We are just relived we can get married in the USA in front of all our friends & family. That was really important for us.

[nichole]

YA actually today we just got approved for the K1 VISA. As far as living in USA vs Bali & getting a green card we will take our time in the USA & think over what we want to do. Thanks for the heads up & the useful info. Much appreciated. We are just relived we can get married in the USA in front of all our friends & family. That was really important for us.

Be aware when she enters on a K1 visa, it's void after that. It's a one time visa that can't be used for another entry. She will get 90 days authorized stay on her I-94 arrival/departure card. Marry within the 90 days. If you have no intention of applying for her greencard, the she should leave before 90 days because she will begin accruing an overstay that could come back to bite you ...as in 3 year or 10 year ban from the US.

If you apply for the greencard (I-485) then she can remain awaiting a decision because it will take them several months to process it. You can return to Indo for several months (up to 6 I think) without abandoning her permanent residence status. Later she could go again. However, the time out of the US stops the clock on her 3 years time before applying for citizenship. It would take longer to get to that 3 year point because days out of the US don't count toward the ***** 3 year time frame.

Research the law so you don't do something costly or impossible to undo later.