US citizen, engaged to Indian.. where do we go from here?

Shokara_1

New Member
Hello! I'm hoping to find some help concerning how to get my fiance into the US. I have been doing research but I'm now frustrated and confused, and of course I have questions.

1. Yes we are both eligible to marry
2. No neither of us have any criminal/mental/health issues in our backgrounds
3. Im not sure if I can meet the min financial requirement at this current time.
4. Proving we met in person in the past two years... might be problematic ...

He and I are both university students, I'm in the US, and hes in India. We are planning on waiting 2 1/2 years until he and I both hopefully complete our masters programs. That being said, we are both students and currently do not earn much money. However, after graduating we will be making substantially more money than what our current paperwork would reflect. I understand about cosigners, but we simply do not have anyone who we can ask to cosign.

Would they take into account that we are university students? We have already looked into him transferring to my university here but its just too expensive as it requires him to have $30k USD in cash just to apply at my school. We don't have that kind of money just laying around.

Additionally, we have already discussed how we might meet the requirement for having spent time together in person. There we run into the issue of his families culture. They watch him like a hawk and will not give him the paperwork he would need to get a passport. Yes, he is old enough to decide for himself legally. That being said. He also knows that his decision to marry me means that he will most likely be disowned by his family and obviously will not have their support coming here. If he has difficulty getting his paperwork from his family what options do we have there?

Also, I am not sure how to get through all the paperwork correctly and have concerns over the cost of hiring an attorney to manage the work. Are there any alternatives?

Again, we are not planning on getting married for 2 1/2 years but we would like to have everything in place by graduation.

Additional questions.

1. Would it be better to wait for 2 1/2 years before getting married and apply as a fiance status?

2. He cant get the paperwork to travel... so should I go there to fulfill the requirements? Which might be financially impossible at this particular juncture.

3. If I can manage to travel to India (which would be going against my family's wishes and may be dangerous as a female traveling alone) Should we marry there and apply as a married couple? Would that help our chances?

4. Our initial idea was to have him come here as a visitor, marry, then apply as a married couple. However I have read that that is not a good idea. Can I get confirmation of that?

Any additional information which you can supply me with is GREATLY appreciated as I am feeling a bit overwhelmed at this moment. I never thought simply wanting to be married to the man I love would be so complected! But he is worth is.
 
K- one thing that is a requirement for a fiance visa to be processed is that you have both met each other within the past 2 years...from your post it sounds as though you havent done that yet. People are able to apply for waivers to get around this requirement, but these are very difficult to get and those that do get them usually have severe medical conditions that have prevented the meeting etc. I would therefore advise that you do meet before you attempt the apply for the visa.

So to answer your questions:
1. Would it be better to wait for 2 1/2 years before getting married and apply as a fiance status?
Not necessarily. Many people who apply for the K1 do not solely meet the minimum income requirements. Whats in place to help these people out is the opportunity to have a 'joint sponsor'...this is any USC or LPR who meets the requirements....they file an affidavit of support along with yours.... bear in mind, during the K1, this is only required at the time of interview, so depending where you are in your lives by the time the interview comes around, you may meet the requirements.


2. He cant get the paperwork to travel... so should I go there to fulfill the requirements? Which might be financially impossible at this particular juncture.

YES!!! You MUST meet.....not being financially able is not a reason for USCIS to forego this requirement. Also, it would be in your partners best interests to start getting his paperwork for travel sorted...this is because a passport is needed for the visa to be placed in.

3. If I can manage to travel to India (which would be going against my family's wishes and may be dangerous as a female traveling alone) Should we marry there and apply as a married couple? Would that help our chances?
That would all be dependent upon whether you would prefer to be separated as a married or an engaged couple. In a previous thread (I think it is one responding to aceface where he is wanting info on marrying a Canadian) I have given a detailed positive and negative account of the spousal and fiance visa....read through that and then decide which one best suits you. They both have their advantages and disadvantages.

4. Our initial idea was to have him come here as a visitor, marry, then apply as a married couple. However I have read that that is not a good idea. Can I get confirmation of that?

He can come over a visitor, marry and then you apply for a spousal visa.....your then husband woud need to return home at the end of his visa and then await the spousal visa process. It would be visa fraud to come over on the tourist visa, marry and then attempt to stay.

As for the paperwork process.....it is quite time consuming and tedious, but unless you have any complications (such as past convictions, visa overstays etc) then there is really no need for an attorney. Reading through other peoples experiences with using attorneys, it seems that they can be more of a hindrence than a help. I successfully filed for my K1 on my own, and Ive not long submitted my adjustment of status....no problems so far and I saved myself $$$$. Theres a wealth of information out there to guide you through the process ....check these webpages out for step by step instructions for each of the different visas.

K1 visa (fiance)
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide

K3 visa (spouse)
http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

CR-1/IR-1 visa (spouse)
http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1
 
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