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One of the requirements on the uscis site for a fiance visa says [i]You met each other, in person, at least once within 2 years of filing your petition.[i/] does this mean that she could come here then I could get a petition and she could stay during the whole process, or would I have to have her visit me, and then she would have to go back to her home country and then I would file a petition after she has come and gone?
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The latter. If she remains in the U.S., a fiancee visa won't be issued. She has to interview outside the U.S. to get a visa to return to the U.S. as a k1 entrant.
--Ray B
Originally posted by golem269 View Post -
fiancee here now?
I guess what you're trying to ask is if your fiancee can meet you in the US while you're petitioning? it doesn't matter if she visits when you petition. But, she will have to go back to her home country for the K1 visa application/interview.
But if your fiancee is already allowed to travel to the US, then why not just marry her here?--Good luck--
Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.Comment
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Originally posted by PKumar01 View Post
What I would like is for her to stay here once she gets here, to avoid the expense of having her travel to the U.S. twice, that and neither of us would like time apart I'm sure. So I wonder if she came here if I could just marry her and she could stay without having to return home. Maybe there is no way around it and she'll have to go home. I'll do whatever it takes. I want to see her soon. We both want that. I talked to someone that lives near me that is from The Philippines like the girl I am talking to, and she said she had a fiancee visa and the whole process only took a few months so it went pretty fast.
I saw someone mention somewhere else that the person in the U.S. that is marrying someone from outside the country has to be above the poverty level, if that's true, then that presents a problem. I'm on disability so I am below the poverty level. In that case she would just have to become an immigrant some other way, and I don't know what's involved in doing that and how long it takes.Comment
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a few options
Golem269,
The way you've described your situation, I believe you have a few options.
1. You sponsor your fiancee for a k1 visa. In which case you'll have to make sure you meet each other face-to-face before filing to show your genuine intention to marry. But from what you've mentioned, you're on disability. Without being intrusive, I would ask, does this disability stop you from traveling? if it does, then you may qualify for a waiver. I don't think that being unable to afford travel (before meeting fiancee) is sole grounds for a waiver. Yes, you will also have to make more than the poverty limit as set by the I-864p. For yourself, your future spouse and any dependents. And just a word of caution, you may need to show that you meet even more than the poverty limits because your health situation may require medical expenses. You can get a co-sponsor to help you meet the minimum limits. Someone who's willing to help co-sign whose finances add up with yours above the minimum.
2. You can follow a similar path to marry your fiancee in the Philippines and then sponsor her for a spousal (marriage based) visas. But an even more stringent situation applies for the poverty limits (125% as opposed to the 100% for fiance).
3. If your fiancee can come to the US legally through another immigration visa, then you may be able to marry and file for adjustment of status. Once again, filing for the AOS requires minimum financial standings.
I believe instead of your disability status, it'll problematic due to the poverty limits. But, you can use a co-sponsor to help you meet the minimum limits.
Anyone is welcomed to correct anything I've said if there's a mistake.
Good luck, let us know how things unfold.--Good luck--
Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.Comment
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