The post is to help you get an US spousal visa (immigrant visa- IR1 or CR1 via form I-130) or K1 visa (fiance visa which is a non immigrant visa). I did it for my wife and so can you, actually only the IR1. I wrote this more to get you thinking in the right way about this and ask me specific questions in the comment area if you have a question about your case. What is the right way? It’s about money.
Getting an American immigration visa or green card is next to impossible if you are not a famous scientist or a successful athlete and you do not have millions in your bank account, either. If you are just an average guy, you have a tiny chance of getting it. Unless you get married, in which case you win the golden ticket.
I am not saying that you should get married to a U.S. citizen just to get a visa – this could have worked in 1960’s, but today it is hard if you think you can beat the system today. The USCIS will be watching you and if it is fake, the way they are checking now, in the department of homeland security it will not end good. Be sure they will find out and ship you back to where you came from. It is not worth it, because your legal entry to the States will be banned. And that is not good for anyone.
- Marriage visa – However, if you happen to be in love with an US citizen who you intend to marry, it is a different story. I got my wife a Visa for the USA and I can help you if you have any questions. The first thing is go to the US embassy website and download form I-130 and follow the instructions. You need photos, all primary documents like birth and marriage and medical history and job history. But really the visa is about something else, you guessed it, the green stuff, money.
- The only one real requirement to get someone a visa for the USA – you have to worry about is you need 125% the poverty rate of US based income. That is you have to show US income for about six months to prove you can provide for your family. If you are in the military or teach English abroad do not assume this to be so easy. It has to be US based income.
Becoming a legal US resident is a process of filling out forms and a lot of people get turned down. The reason people do not meet the requirements is ‘money’. In my opinion this is not fair, it is not democracy. It is anti family. But those are the rules and arguing with embassy staff will not get you anywhere. People have said, that government workers are rude and are on power trips. They take government jobs because they are looking for an alternative lifestyle and benefits, while not having to compete in the private sector.
- You can read about my respect for US government system and workers here: -> www.political-economy.com/us-foreign-service-jobs-embassy-workers/
I know what they really, they want to see a high level of income. Having a degree and a job is always a good thing and increases your chances as it makes you look serious and like you could support yourself and your family without access to public funds, but US based income is that they want.
The USA has all these names and abbreviations for the forms and requirements in this process which foreign service workers know, and it rolls off their tongues, but the process comes down to money. The whole application process is about one thousand dollars and you need to be making about 20,000 dollars a year for a year, in the USA before you can bring your family over. That is it. They of course have to believe you are in love and married for love not a visa, but that is secondary in my opinion.
The income needs to be US based. That means the spouse or the the applicant some how has to make US based dollars if you are abroad and this needs to be proven on US tax returns, not a stack of meaningless paper. US signed tax returns the last three years can prove you meet the financial requirements.
This above chart tells you clearly how much US based income you need to come to the good old US of A.
Uncle Sam is about money. The mindless Matrix bureaucracy of Washington does not want to know, not if you are in love or married in the church and have a family you care about. They want to know can you pay your bills and are you going to become a burden to other tax paying members of society.
I understand their point, these are the laws as a society we have agreed on. Yet, I think when it comes to love and marriage this is sacred and should be based more on years of marriage than income. Come on, once you get to the USA anyone can get a job. I read too many couples are denied entry or need to be separated until income in the US is established.
I intentionally simplified the above chart. It applies to most people looking to immigrate to the USA. It is for non-military personal and excludes Alaska and Hawaii. It is based on current guidelines.
How to get a K1 visa to at least get your fiance into the USA to get married
This is a fiance visa and you have to get married within six months of entering.
- Your American spouse has to fill out the I-129 F form at the USCIS office in the district they belong to. This cannot be done at the embassy outside the country. Your kids under the age of 21 can get a visa as well if they are included in the petition.
- Wait for the petition to get approved by the National Visa Center. This might take anywhere from 2 to 4 weeks for most cases and no longer than 90 days. It is then sent to your home country’s embassy or consulate. You can check on its status on USCIS website.
- The embassy will send you a letter with further instructions and a list of documents that you need to provide, including the affidavit of support. Take an extra copy of any document or form that you use. Fill out the IV- F04 form and send it back to them. Soon after that they will set an appointment for your interview. Make sure you bring all the papers from the list to your interview. They also require you to bring any personal items that will prove your relationship with your fiancé, such as pictures, letters or plane tickets, if you traveled somewhere together. The more you collect, the better, but try to choose the most significant ones if you have a big pile of them.
- You need a medical check up and some vaccinations, those cannot be done at the doctor’s office of your choice. You will get specific instructions in the letter. Bring the papers to your interview as well.
- It costs $350 to apply for the visa, you can pay it on the day of your interview or earlier, whatever is more convenient for you. The currency can be US dollars or the local currency, depending on the policy of your embassy or consulate. Keep the receipt, as you will have to present it to the interviewer.
You will most likely be surprised by how smooth it goes. People think this is the most important thing, it means little, money is the most important thing. You just wait in a big room and in front of the window like the Post office they ask you some questions. Everyone I know that has been down that road said it is a lot less ‘scary’ than they thought it would be. The questions you will be more than likely asked include: how long you have known each other, can you speak English, what do you do for a living, etc. If you ever applied for any kind of visa you will be familiar with some of these.
Here are some of my other posts about visa’s and citizenship:
- Citizenship by marriage
- baby born in a foreign country
- Buying a Citizenship
- How to be a dual citizen
- EU citizenship
- Marry a Polish citizen
- Living in Europe
- Polish EU visa requirement
- How to get a Visa to the USA for your husband or wife
I will answer your immigration questions
If you have questions about the US spousal visa or K1 visa just ask, I got my wife one.
I will try to answer all questions to the best of my ability, although I am not an expert or giving legal advice, just general ideas. However, you need to use proper grammar, and spelling and capitalization and paragraphs need to flow logically. If your story is too unbelievable and it smells of scam, like you are both married to other people, yet you want to immigrate together, I will delete the comment.
I like legal immigration, people who want to live their dreams, be with the love of their life and actualizes their God given talents with the ideals of enlighten self-interest in a free society.