cosponsor information

[Kariana]

Different information I am reading is saying that you cannot have a cosponsor when you apply for a k-1 visa, others are saying you can, and others still are saying that it depends on the country your fiance is coming from. This is all very confusing...

I am applying for a k-1 visa for my Italian fiance. I will most likely need a cosponsor because:

a. we are trying to rush the process because I am pregnant and he wants to be a father to his child.

b. I am a grad student and didnt work full-time,or even that much last year as I was helping family (a sister who gave birth, and then another sister who went through a crisis and needed constant attention, therefore I wasnt able to work).
And I spent time in Italy, visiting and did not recieve any income except for financial aid from school.

c. While I am back stateside and am job seeking, I/we do not know how long or even if I will be able to work consistently until after I give birth.

So essentially I am trying to figure out what my options/chances are. I know most of you recommended going the K-1 route because its easiest, but my fiance is here visiting as mentioned earlier (and this was only supposed to be a visit, but given that I am pregnant we are exploring every option. )

It will be easy for me to get a cosponsor I am just worried that our initial request wont be approved, or that we wont be able to use a cosponsor. Advice, experiences would be appreciated. Thanks for the help.

Kari

 

[elcupacabras]

Yes, it does depend on the country as to whether you can use a co sponsor or not. Phillipines (I think) is an example of country where you cant use a co sponsor, but as far as Im aware, Italy is a country where you CAN use a co sponsor.

If your fiance did legitimately enter the US with no intention of marrying you and staying, then he can AOS here without going home.

 

[Kariana]

Yes, it does depend on the country as to whether you can use a co sponsor or not. Phillipines (I think) is an example of country where you cant use a co sponsor, but as far as Im aware, Italy is a country where you CAN use a co sponsor.

If your fiance did legitimately enter the US with no intention of marrying you and staying, then he can AOS here without going home.

It was my understanding that if we got married, he would still have to return to Italy no matter what to wait for some kind of process...

 

[elcupacabras]

Nope!
Providing that he did enter the US with no intentions of marrying and attempting to stay, then he could be able to AOS without returning to Italy.

Did he severe any ties back in Italy before he came over (ie, quit his job, ended his house lease, sold his house etc) as if he did, then he may have a harder time trying to adjust while he is here as it could be interpreted that he intended to stay all along.

Heres a useful forum dedicated solely to those who AOS from work, tourist and student visas.
http://www.visajourney.com/forums/index.php?showforum=130

 

[Kariana]

Nope!
Providing that he did enter the US with no intentions of marrying and attempting to stay, then he could be able to AOS without returning to Italy.

Did he severe any ties back in Italy before he came over (ie, quit his job, ended his house lease, sold his house etc) as if he did, then he may have a harder time trying to adjust while he is here as it could be interpreted that he intended to stay all along.

Heres a useful forum dedicated solely to those who AOS from work, tourist and student visas.
visajourney.com/forums/index.php?showforum=130

Thanks for all the info. Ive done some browsing and this really seems helpful. He is here as a visitor - and went through the visa waiver program. The thing is, as you stated he did not sever any ties in Italy and in fact has to return anyways to assist his family in the busy months of running the family owned bookstore (and hopefully train another family member to take his place.) Our concern is that when he returns for the birth of our child, that he would be forced to return to Italy. So you can see why I am so worried Obviously not a planned pregnancy - we are both very happy, but gives us a lot to figure out in a little bit of time.

But no, when we planned this trip the states the intent is/was to go back - he has a return flight and his family is expecting him back.

 

[elcupacabras]

I see.
So he has to go back to Italy now regardless?
If thats the case, then the next time he returns to the States, he will be unable to AOS here as intent will already be there (him entering knowing that you both dont want him to return to Italy is intent). Therefore the K1 does seem the most appropriate given the circumstances. If he wasnt leaving the US, then he should be able to stay, but as he is leaving and then returning again, he might not be able to AOS without the correct visa.
My advice is to get cracking on the K1 asap. The average time for approval is approx 8-10 months (mine personally was 9 months, though I stalled it in the middle as I wasnt in a rush and needed to delay my US entry). While the K1 is in process he can attempt to visit. You just need to be aware that he will need to return home for the interview/medical etc.