The co-sponsor must submit their own Affidavit of Support (Form I-864) and must meet the above income requirements all on their own. In other words, the sponsoring spouse cannot combine their income or assets with those of the co-sponsor. For instance, if the sponsoring spouse and their household are required to have a combined $21, 550 in annual income, then the co-sponsor (and their household) must separately have at least $21, 550 of their own annual income. In order for a spouse to qualify for a marriage-based green card, the sponsoring spouse must accept financial responsibility.
K-2 nonimmigrant children should apply for a Green Card at the same time or after your fiancé(e). If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U. S. before your fiancé(e).
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Finally make sure that you have the necessary documents ready like proof of your identity, nationality and address. If you’ve been married or in a civil partnership before, you would also need to take a decree absolute or final order of your divorce or the death certificate of your former partner if you are widowed. A foreign divorce will usually be recognized in England and Wales if it was valid in the country where it took place. Citizenship and Immigration Services (USCIS) considers you to have abandoned your adjustment of status application, and may not permit you to re-enter the U. S. However, K-2 nonimmigrant children must remain unmarried in order to be eligible for a Green Card.
Conditions Of the Visa
If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). In Canada, legislation on sham marriages was strengthened in 2012. Continuous controversy arose regarding the issue; Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship. Although there is an exception to this rule in cases of abuse, the policy has been accused of being too weak (as abuse is difficult to prove).
- They have been advised not to offer to publish banns for any marriage where one partner is from outside the European Union.
- Marriage Visitor visas are issued for up to 6 months only.
- If the visitor is working in their own country they should include a letter from the employer confirming the job, salary, how long they have worked for the employer and that the employer has authorised leave to make the trip.
- Continuous controversy arose regarding the issue; Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship.
- Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
In the UK the Border Agency issued guidance to clergy in April 2011 to help prevent sham marriages intended only to gain the right to reside. English and Welsh clergy may perform a marriage, according to the law there. They have been advised not to offer to publish banns for any marriage where one partner is from outside the European Union.
Instead, the couple were to be asked to apply for a licence; if a member of the clergy is not satisfied that a marriage is genuine, they must make that clear to the person responsible for granting the licence. Otherwise, DACA should have no special effect on whether or not your undocumented spouse qualifies for a marriage-based green card. The process takes longer for spouses of green card holders, because they have to wait for a visa to become available. It takes approximately 18 months longer before they are able to apply for an immigrant visa with the National Visa Center, which they must do before applying for a waiver. A Marriage Visa is an immigration visa that allows the foreign spouse of a U. S.
What information should be included in the sponsor’s invitation letter?
K1 Fiance Visas that are denied by the US Embassy or Consulate have no formal recourse. Although there is no formal right to an appeal, you can try to contact the Embassy and asked for a review by the Embassy’s Consulate General or a Supervisory Officer. You will need to act quickly because once the case is sent back to USCIS for revocation, the Embassy no longer has jurisdiction over the case and therefore cannot change its decision. If you are able to obtain a review by the Consulate General or a Supervisory Officer and its still denied, there is nothing more than you can do.
You only recourse is to apply again or get married and apply for a Marriage Visa instead. Multiply the difference by 3(if the sponsoring spouse is a U. S. citizen) or by 5(if the sponsoring spouse is a green card holder). The result is the total value of your household’s assets that you’ll need to demonstrate in order to meet the financial requirements.