I need some advice!

[iheartmypanda]

Hi everyone! I'm new to the forums!

My fiancee and I need advice as to how to go about things!

Here's the deal:

He is an American citizen. I was born in Uruguay but grew up in Austria. When I was 18 I applied for a student visa and went to study in Florida where I met and fell in love with my fiancee.
I am now currently living in Canada (my dad's job requires him to move sometimes).

We want to get married on January 4th 2008. The original plan was to file for K-1 and I fly there to get married at the justice of the peace within the three months. Then we would both fly to Canada and have the church wedding here with our friends and families.

We're both students. I'm working as a nanny and I'm earning enough to pay for an immigration lawyer if we need one..
FH is working on his graduate degree though and isn't earning much at all because he is always studying. Our plan is that I join him there and live with him in the married student housing until he finishes school and from there wherever life takes us!

Will FH have to show that he can support me financially? We will have some savings but nothing along the lines of 16,000 dollars! Not to mention we're in the process of saving...

So how should we go about getting married? K1? Or something else? Should we hire an immigration lawyer? Do we even qualify?

We love and miss each other and have lots of relationship proof if that helps!

any advice and information would be greatly appreciated!

Thank you for your time!

Mariana

 

[gunt]

He is an American citizen. I was born in Uruguay but grew up in Austria. When I was 18 I applied for a student visa and went to study in Florida where I met and fell in love with my fiancee.
I am now currently living in Canada (my dad's job requires him to move sometimes). We want to get married on January 4th 2008. The original plan was to file for K-1 and I fly there to get married at the justice of the peace within the three months. Then we would both fly to Canada and have the church wedding here with our friends and families.We're both students. I'm working as a nanny and I'm earning enough to pay for an immigration lawyer if we need one..
FH is working on his graduate degree though and isn't earning much at all because he is always studying. Our plan is that I join him there and live with him in the married student housing until he finishes school and from there wherever life takes us!Will FH have to show that he can support me financially? We will have some savings but nothing along the lines of 16,000 dollars! Not to mention we're in the process of saving...So how should we go about getting married? K1? Or something else? Should we hire an immigration lawyer? Do we even qualify?

I love Uruguay, especially Colonia.
Your immigration situation is moderately complicated, but easily doable.
Yes you can apply for a K-1, enter the US and get married, then adjust your status to permanent resident. This final step requires filing form I-485. You may also wish to file forms I-131 and I-765 so that you can work and leave/enter the US while form I-485 is processing. You must remain in the US until you have an approved I-131 (Advance Parol) in hand. That will take max 90 days from date of filing. The processing of the I-485 could take 6-12 months. You definately do not need an immigration lawyer. all the necessary forms and instructions are avalible on the USCIS website. The total cost of all the filing fees for all the forms and such is around $1000. Your spouse will have to show evidence of income that he can support himself and you at 125% of the poverty line. If he can't prove this with tax returns or letter from employer, then he can find a co-sponser (his parent or sibling). This evidence will be submitted with the I-485.

 

[second stage]

I would concur with gunt...Am also looking into applying for K-1 as soon as I become a US Citizen..so far, it seems straightforward except it may take 4-6 months depending on the consulate in your home country...