匿名
匿名 發問於 政治及管治法律及道德 · 1 十年前

U.S. K-1 Visa

First of all thank you for j_hungary002's reply.

There are still several things I'm not quite understanding here,

1. After I get the K-1 visa, I will go to the U.S. and get marry with my boyfriend right away. After we get it done, I have to do the adjustment of my status. Which means my K1 visa will change into K3? or I'm in a adjusting status situation and no longer with the K1 visa?

2. If I'm in the adjusting status situation, that means I can stay in the U.S. without any time limit? I can apply for Employment Authorization?

3. As my boyfriend is still a student right now, he will finish school this spring. He has a part-time job and he will look for a long term one once school is finished. The concern I have is, if he cannot get a full time job yet and cannot meet the requirement of the Poverty Guidelines, what we can do other than getting another sponsor?

4. If I'm in an adjusting status situation, that means I'm waiting for the interview right? so how long it usually takes to the interview?

5. Can I get the EAD and get a job when I'm waiting to change my status?

6. If I go to do the adjustment of status, my boyfriend does not earn enough to meet the requirement of the Poverty Guidelines, does that mean I cannot fulfill the adjustment of status and I have to return to where I live?

I know I have a lot to ask here, I hope there's someone can help me out here. Thank you so much :)

更新:

Ok I'm kinda understanding here. So even my bf can't reach the Poverty Guidelines when we apply for the I-864 it is still ok. Once we get the Green Card interview, we can prove at that time we can reach it then it'll be ok, right?

3 個解答

評分
  • 1 十年前
    最愛解答

    1.) You adjust your status only mean you want to change your immigration status, it does not mean you are finished or start process with your K-3, that only mean you prepared to change to K-3.

    Before your K-3 come though (That mean your K-3 had decision) you are technically no status in US (Neither Non-Immigrant nor immigrant)

    2.) If you adjusted your status, you can stay in US until your Status Change had a Decision, that mean until your K-3 Visa Appicantion have a decision. Since you have no status in US during Adjustment, you cannot work in US.

    3.) You can do anything about it, unless you break the bones of your boyfriend til he become disable.

    You cannot use other relative of him to gone thought the povertyguideline unless your boyfriend have physical difficulty or hardship. That mean unless he is disable, mentally ill, or other hardship situation, he must sponsor you.

    By the way, you will need tax return report when you get the poverty guideline thing and you will need FY report to get pass the guideline, that mean you need to wait until 1 year 1 months later before your full tax report of your boy friend comes out and you can use it as poverty guideline. THat is assume he have a job right now (Tax date in US is April Fool's day)

    4.) As long as it takes to clear all the doubt. Can be an hour, can be 6 hours.

    5.) No, you are stateless during status change, just remember, when you get an A number, only then you can apply for EAD.

    6.) Then your application will fail and they will not accept your application. Then they will give you 28 days to pack things up and go home......

    2010-03-23 04:51:59 補充:

    What you need to know is, what grandtom said is based on you two would be able to find a job eventually, so even if you does not get the necessarily document when you file I-864, USCIS will wait for your Document until preciding your case.

    2010-03-23 04:53:39 補充:

    But the question is, will USCIS wait forever?

    The answer clearly is no, cos USCIS have a backlog guideline to approve cases between 12-18 months. So, you can safely assume that they will wait foratmost 18 month, then proceed your application without I-864 (Cos you does not satisified the case)

    2010-03-23 04:56:32 補充:

    I did not mislead you, i am telling you the ultimate answer, if you cannot provide support document in I-864, you will fail and ask to go home.

    2010-03-23 04:59:40 補充:

    and one thing very funny is,if you look at your previous question, you will find Gary's answer is almost the same as mine (Minus the reference which i just too lazy to find)

    So, if he say i am misleading you, then so does he.

    2010-03-23 05:02:41 補充:

    JUST REMEMBER THIS ,YOU ONLY WOULD SUCCEED IN K-3 APPLICATION WHEN YOU CAN SUPPLY PROOF FOR POVERTY GUIDELINE, IF YOU CANNOT BEFORE A DECISION WAS MADE, YOU WILL FAIL THE APPLICATION AND NEED TO GO HOME.

    2010-03-23 05:12:35 補充:

    And in answering your supplimentry question.

    Basically, when you go to status change, they will schedule an pre-lim interview and ask you some question. You can, up to this point , does not have all the document at hand

    2010-03-23 05:14:09 補充:

    that will give you premission to change to K-3 (Pending status) that mean your status HAD change. And they will also advice your next interview and by then you must already have all the documentation at hand. It was also then they will give you your A-number

    2010-03-23 05:15:13 補充:

    If by the second interview or the deadline, you have not been able to secure the proof that you two earning over the proverty guideline, then they will refuse your application cos you cannot satisified all the procedure.

    資料來源: My wife is an Immigration lawer and i just apply her from sweden 5 years ago.
  • Gary
    Lv 7
    1 十年前

    Read your original question.

    j_hungary002 has been misleading you.

  • ?
    Lv 7
    1 十年前

    each year there are so many people used the K1 visa.

    you are not the only one or last one, the procedure is simple to follow through.

    the firs problem is----- can you get the K1.??

    once you get married, you have to file the i-485 state you already married, and wait for the green card approval. the proccessing is quicker than other people not use K1 to entry USA. your case only takes about 6 to 12 months.

    yes, after filed the i-485, you also can apply the tax number ( form T 75 ) to work in USA.

    you two are young and educated, if together you two can not able to make $21,500 a year after graducated college??? you two must been lazy, crazy or something wrong....!! otherwise, it is impossible happened in USA.

    the immrigation office will very very upsit to see two young couple unable to reach the required income.

    PS.

    if something really happen----sickness ( for example ), you two can't meet the requirement income.

    YOU WILL NOT DEPORT BACK TO HK. YOU JUST WILL BE DELAY TO RECEIVE YOUR GREEN CARD. UNTIL YOU

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