US spousal visa – how to get your wife or husband into the USA with a IR1 immigration visa and greencard

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.

Ellis island when foreigners were welcome

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

The interview

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:

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.

224 Replies to “US spousal visa – how to get your wife or husband into the USA with a IR1 immigration visa and greencard”

  1. Such a helpful site, thank you for all the time you have put into it. I have been living in Morocco for 2 years and would like to bring my fiancé to the US. I have no recorded income in Morocco, nor in the US for the past three years. The last income tax return was for my last US based job, in 2011. So, I have been out of the US since early 2012, and did not work at all the months that I was in the US during that year. Any thoughts on this situation? Many, many thanks!

    1. Morocco is a beautiful country, been there and have to say it is a nice place to live. Just a point, you should be filing taxes anyway, even if you have little to no income. That is my opinion. It is good to have a record and they also want to know about foreign bank accounts. So I would try to bring her on another visa and get a green card once you are established. There is zero percent chance of a green card with no income. It just will not happen. You have to have a US job. I would bring her here with a marriage visa.

  2. Hi , my husband is English and I am an American living in england (have lived here for 20 years and been married the whole time. ) My husband owns a company here but is getting tired and wants to do something different ( he also has a MBA from Oxford..). We have a lot of equity in our house and some savings too( probably $350,000-400,000 ) we would like to keep $ 75,000 here in England to throw into a house to keep as a pension. My husband would not have a job straight away if we went to america as he would need to look for work once there with a visa of some sort. I could work part or full time but I am no way the qualified bread winner and therefore would make minimum wage . My sister and her husband have great jobs in Texas and have offered us to stay there rent free for as long as it took to get my hubby a job.. How difficult would this be and where do we start? Thanks so much, sheri

    1. If you have those assets you do not have to make a penny. The formula is 1/5 of assets times the income minimum will get you a green card.

  3. I’m a US Citizen and I’ve been stuck in New Zealand for 7 years now. I’m married to a New Zealand citizen and I’m a permanent resident here, however, I HATE it here. I don’t want to die in this country! I want to move back home with my husband…but I can’t sponsor him and I don’t anyone over there who makes enough to be able to sponsor him- that’s more than minimum wage! We were going to save for the next 3 years in preparation but it’s all so overwhelming and scary, and depressing. I can’t work, I haven’t worked in about 7 years. Even if I were able there’s really no jobs in this earthquake ridden, flooded out wasteland of a city. However, my husband works and should have an easy-ish time finding a job over there. Is there anything at all we can do to make our lives ANY easier? If we did by some miracle find someone to sponsor him, but they didn’t live where we want to relocate to (by my mom), would we be able to move away and not tell immigration?

    1. You can come to the USA with your husband, just do not go for a greencard to start. Come together, get a job that pays 30 something and you will be all set. I think you could even get a lawyer or immigration specialist and find a loophole. Do not give up. I lived abroad for much of my life and even paridise gets old if you are far from home. Hang in there.

      1. Yes, but how do we go to the States? Under what Visa? I know we can’t go unprepared- how will he be allowed to work? I am unable to, it all falls on his shoulders 🙁

        1. Why can you not work? Everyone can work. Everyone can make a lot of money if that is what you want. God gives each of use an abundance of talent. It depends if you bury your talents in the ground or use them. You do not have to be educated or trained, there are scores of way you can actualizes your talent from graphic design, watch some videos for Photoshop or be a real estate agent. I would work at McDonald’s or Walmart, those are good jobs or you could become a nurse.
          Always work plenty of jobs. In North Dakota they pay 25 bucks an hour for working at McDonald, do not believe me, research it. They have not enough worker for the oil boom up there.
          Learn massage do something. Idle hands are tools for the devil. You will get depressed and feel hopeless if you do not work. Work is liberating.
          Be the strong woman you are.
          They might be able to make an exception to the income requirements if you have a “hardship” or cultural conditions. Look for “loopholes” like that, there are immigration specialist who know these angles. Many Jewish people (I am part Jewish I found out) were able to immigrate from the Soviet Union because they claimed persecution, which might have been true. Use your brain to work within the law in a legal way to have the system work with you.
          If you have like 150k in assets that might replace the income requirement f 1.5 poverty rate.
          Also check into a K2 visa.
          You need to talk to the US embassy and have them guide you.

          1. i think she needs a k3 visa as i read that k2 is for the child of the spouse not (husband or wife)

  4. Hi Mark,

    I’ve got a good one for you.
    I have dual citizenship. Australian and US. My mother was born in the US but now lives in Australia. I was born in Australia and lived there my entire life (now 26).

    Anyway now I want to go live in the US for a bit with my Australian wife. I run my own business so I am self employed. It is online so I can work from anywhere.

    The business is currently Australian but I planned on moving it to the US when we got there. I was unaware of the financial commitments so we have already sent off an i130. The embassy here has been pretty useless.

    However here is the problem. I have no US income and seeing as my business is full time I don’t really like the idea of getting a job in the US either.

    Is there any way around this? I would feel funny asking my American relatives to support us.

    Thoughts?

    Thanks, Kyle

    1. You need to file a US tax return even on your foreign income, the IRS states that. Even me, I was teaching English abroad and I filed a tax return on my income. It will most likely be excluded but without US income you can not get a I-130.
      That being said you can bring your wife home on a different visa and get a job in the USA, I would recommend consulting as it makes a lot, start contacting recruitment firms.

  5. I met and fell in love with a French woman. We traveled together and fell more and more in love as we traveled. long story short we got married in California. best day of my life. Then her visa ran out and she returned to France. After returning to France, she realized she was pregnant as well. I am very excited to be with my wife and child, but am a little stressed about the process.
    I want her to come back here and have the baby if that is possible. I don’t want to try to dodge the system, but would like to get her here as soon as possible. I am afraid she will only get a 3 month visa and will have to leave before the baby is born. I have also been doing construction for myself, and will be filing self employed again this year and hope that will not hinder my efforts. Should I take a different job? Should I try for a non-immigrant visa first and have the baby here, or try to get her a spousal visa. I understand working with the government is difficult, but i really need help getting her here. Thank you so much for this site and your help. Bless

    1. The baby will be American based on your citizenship even if not born in the USA. I think traveling when pregnant is a concern. I personally would go to France for the birth of my child. You can always teach English there also. Then get a visa for your wife should be no problem. I guess my main concern is the long trip on the unborn baby. Your job is fine as they base income off your tax return rather than W-2. Having a child and a European wife is the best. I think you will live an interesting life most people only dream of. Only the next few months will be stressful but you can do it.

      1. Thanks so much for your positivity.
        I am very excited to have a European wife and eventually have dual citizenship. I really can’t miss the whole pregnancy though, and she is desperate to get here as well. Do you think they will give her a tourist visa again? (she’s already had two since November) If she comes on a tourist visa, can we apply for other types when she is here? Or should we tell immigration our specific situation and ask them for a green card and hope they let her here on time? I have asked many people and haven’t a plan as of yet. I feel the clock ticking.

        1. My advice is not for her to fly while pregnant. You can go there but the health of the baby not the citizenship of the baby is most important and I think for you to be with your wife while she is expecting is important. That is just me.

  6. Hi Mark,
    I married a US citizen nearly 10 years ago and have lived in Scotland from day 1.
    Unfortunately my wife is home sick now and we both want to go and live in he US.
    I work offshore on the oil rigs in the North Sea and I am wanting to continue working here for another 2 years , I do 2 weeks offshore and 3 weeks at home, I am wanting to commute to the states to continue my work, after which I will retire with my wife in the US.
    If we sell up here I will have equity of about $40000 so we were looking to go get a house in the states.
    How easy is it for me to get a green card, as my wife will not be able to support me when I first go over? In 2 years I will be drawing my pension which will give a lump sum of in excess of £110000 and a pension of £20000 a year? Do the authorities take this into account, even though it will be paid into a UK bank?
    Regards,
    Gordon

    1. Yes, all assets are taken into account equal to 5 to 1. That means 100,000 dollars is equal to 20,000 dollars in their income equation, which is 1.5 times the poverty rate to get a green card. It will be no problem at all to immigrate to the USA. I think you go right for the green card initially. You a hard working person who has an American wife. They will look at an asset and income formula and that is it. I love Europe but the USA is so much fun. We live in the USA now and will go to Europe maybe in the summers. I recommend Florida, by the way. I also know a British judge who lives here now and helps people with this if you ever need real detailed help, but really I think you apply and the embassy will tell you outright if you can get this. That is what I did.

  7. Hey Mark,

    Thank you for documenting all your experiences with the visa process here! I wish I would have found this site earlier…Anyhow, I found it now and have just on question! I sent in all the required paperwork for my visa wich my husband filed for me (the I130) and now I’m patiently awaiting my interview appointment in Frankfurt. I was wondering when I can actually fly out and move over to the U.S. Do they tell me right after the interview if my visa is approved or not? Could I fly out the next day after the interview already? Or will they send me some papers? I wanna be in the U.S in August if possible and kinda need to cancel my apartment and take care of the rest…

    Thanks in advance for your help!
    BR from Germany 🙂

    1. It should be OK right after the interview. But if I recall there was a slight delay between the time you have the interview and you can leave. We had to go back twice because of something, I do not recall now. I think we were missing one support document. I would not leave Germany until you get that interview. If your flat runs out, you can live in a youth hostel (I did that for 3 months if you can believe it with a high level professional job). The main thing is all documents and payments etc have to be in order. They will not deny you if all your papers are in order.

  8. My husband, a Mexican Citizen (we’ve been together for over 6 years but not legally married, and have known each other for more than 12 years.), we have a 5 year old and another on the way. The reason we have not married is because people said it wouldn’t be wise for us, especially for him to do so because he would no longer be able to enter the US with his visitor’s Visa.

    He lives and works in Mexico, he’s a dentist. He doesn’t plan on leaving the clinic where he currently works, but wants residency for the sake of our children. We take turns spending weekends at our homes whether it’ll be on the US side or Mexico side. I bought a house 20 minutes away from the border. I work in the manufacturing side of Aerospace and have done so for the past 8 years, but took a year and a half off with the birth of my first son. In obtaining residency, it would be easy for him to cross with our children if I wasn’t able to go, as of right now he doesn’t cross with our son for the fear they’ll take away his visitor’s visa. He does not live on this side but does continue to visit or make purchases because it’s cheaper over here. We make it work for now, but with the birth of our second child we’re feeling overwhelmed.

    1. Do not feel overwhelmed. God will watch over you. I personally do not recommend being apart. Why not just get married and live in Mexico. You are a US citizen so the children will be American. I do not understand the issue. Does he want to be a dentist in the USA? If you are a US citizen it is not problem. I just think you should be together full time. I do not understand why there is any issue. If you are just a US resident and not a citizen, then even that has a pathway to citizenship and he as a dentist could certainly get work in the USA. Life is about everyday thing like meals and family time and that does not change with which side of the boarder you life on.
      The USA is only better in terms of income. That is it, but who cares about income as long as everyone is together.

  9. My husband is a US Citizen, he has been living with me in London since May 2009, we got married in June 2009.

    He is now starting to feel very home sick & I would like to move to the US with him. Do you think its easier to get a spouse visa & then apply for residency when I get there, or would it be best to just apply from now to get a green card?

    1. I would apply for just residency unless he has US based income to support you or an inordinate amount of assets. Getting a permanent residency in the USA is about money. It makes it really hard for a lot of people. But you can come to the USA on a spousal visa then he gets a job and you apply for a Green Card.

      I do understand home sickness. My recommendation for you is go somewhere sunny like Florida as you will not feel home sick as intense when the weather is nice. I mean that seriously as I am an expert on living abroad, did it a good part of my life.

  10. I am a US citizen (living here) and dating a Jamaican man (he lives there). We are trying to figure out if we could possibly be together in the future. I would not be able to financially move there for various reasons but I do not have a problem potentially meeting any of the financial requirements for a green card. I would love for him to come here on a travel visa or some other type of Visa first. He however, does not have a lot of financial income or assets in Jamaica. I am worried he will get denied for this. I am also worried that if he gets denied and we later apply for a fiancee visa that it will make it more difficult. Any suggestions on how to proceed.

    1. The good news is they do not care about his income, it is you who are the US citizen and are obligated to support him in the USA even if he marries someone else. I know it is crazy but the US government wants you to show the income and assets to support him as long as he is in the USA.

  11. Hi Mark,

    I am not sure if my question posted as I am not seeing it anywhere, so I am re-posting it.

    I want to thank you for your help and this site, I really appreciate it.

    I am a US Citizen, my Fiance lives in another country.
    He would like to come on a tourist visa and would get married when he gets here.
    How soon once we marry can he start working? And what do we do to get the ball rolling on his employment once we are married?

    When we finally meet the income requirements, then he will go for the green card.

    Does this sound like we are on the right track?

    Thanks again Mark

    1. You are on the right track. Get him here and get married. After that it is only going though the paper chase maze of applications. If you have everything lined up it should take three to six months at the most, most likely less.

      1. Hi Mark, Thank you for answering my question.

        I have another question. We want to bring my fiance here on a Tourist Visa and get married. We are trying to figure out the best way to get him here and reduce our time apart. I started digging in deeper and I found a few things that have got me confused.

        1. I started looking on different sites and I am now seeing that if he comes on a tourist visa with the intent of getting married, it could be fraudulent and could cause us a lot of problems.

        I was also seeing that he can come here and get married on a tourist visa, but he must prove that he intends to return to his home country, and then once he goes home, we can start the paperwork. But he can’t come here on a tourist visa and stay. He must return home. But this is confusing because I have heard that other people have done it successfully on a tourist visa.

        2. I also am seeing, and had someone who processes the paperwork for a fee, tell me that regardless of what visa we use to get him here, I have to make $32k income – period. They are saying that I cannot get him here first and then work toward making a better income.

        It’s really confusing. I am not sure what is OK and what isn’t because of the different messages I am getting.

        Basically, we want to get him here, get married, work toward making the $32k income and not be apart very long.

        Any insight you can give would be so helpful.

        1. He can come to the USA on a non IR1 visa. You can certainly make enough in income to sponsor him in the mean time. I mean there are so many jobs that pay around thirty thousand dollars a year. Put your resume on monster or find a recruiter to connect with. But I would not be apart for long if at all. Make it work one way or another.

  12. The situation here is my son is an Australian Citizen and last year he got married to his American sweetheart and via a Solicitor over there they filed for his Immigration Visa and Green Card. He had to return to Australia due to work commitments and although she came out here for 2mths over Christmas they have been apart most of this time !

    He has just recently been told that his Approval has been approved to be approved. It has now been over nine months since they got married and started this whole business and he has been told he needs to be here for his interview when ever that might be.

    This seems a huge drawn out process which is taking it’s toll on both of them and as a parent it seems to me a real shame two married people are kept apart by some paperwork that is most likely sitting in some one’s ‘In’ basket in the American Consulate up either in Sydney or Canberra.

    My question to you is : Does he have any recourse to follow up his case or is it just a matter of frustratingly sitting it out ?

    1. I think that you are in a situation I hear a lot on my site. I am sorry for the trouble with the visa. All day long I hear these stories of families spit up by the government. The people who work in the consulates do have some compassion but mostly they are like postal workers and just processing paper. You can write people and plea your case or get a lawyer, but I would not imagine they would not accelerate the process unless there was a specific reason. It will all be in the past and long forgotten as soon as the visa is in hand.

  13. I have fiancee she lives in the Philippines. I cannot travel to her because of health issues. How can I get her to the USA, so we can get married. I meet the financial criteria.

    1. Go to the department of immigration and start a fiance visa. You can do it online. The only thing they care about really is your income and if you will agree to support her. If you can not do this often the church in your area to have help for immigration or a non-lawyer assistant.

  14. Hello Mark,

    My wife is a Russian citizen. She tried getting a US tourist visa last year and was basically laughed at and told she was too poor to come to the US. Well we got married in December in Russia. We are now in the process of doing the spouse visa but as I’m sure you know, it takes a long time! We tried moving to Mexico but they only allowed my wife to stay for 1 month and I lost my job because of it. So I’m looking for work again back here in the US. I’m in IT so it shouldn’t take too long.
    My questions to you is, do you know if my wife can get any other visas as I am doing her spouse visa? Can she get a visitors, work, or student visa as I am trying to get her K3 visa?

    We have been apart for so long and her living conditions are not good at all in Russia. I won’t get into specifics but as her husband, I want to get her out of there ASAP!
    You seem very knowledgeable on this stuff. Any advice or words of wisdom you could share?

    1. If you have the income you sign something to support her. You need to meet the income requirement not her. They do not care about her income. I think they do not like the idea that you live apart and it is a short term marriage so far. I was married many years and with a daughter and with good US income and it was not a problem. All you have to do is show good income. You can get someone to help you with this I know someone who does this professionally but it should not me that hard.

  15. I am trying to figure out the best way to get me fiancé a visa to come to the us from Mexico. He applied for a tourist visa and was denied so we are not sure what to do next. I love on Mexico with him most of the time and have not been working the past few months since I’m on a pregnancy disability. We are planning on getting married but don’t knowing it is better to do it in Mexico an apply for a spouse visa or apply for a fiancé visa and get married in the states.
    We want to be able to move to the states at some point but for the time being at least be able to visit. When looking on the 130 visa application I saw nothing about income. For this visa does my income matter? Thanks!

    1. Visa’s are all about income. They will look at your past three years of taxes paid in the USA and run a calculation. If you are pregnant all I would care about is being together. I would live in Mexico or the USA as long as you are together. I lived in Poland and you do not need a lot to live to be honest. My friend lived in Mexico with his wife. The reason they denied your fiance might have been your income and his. Its tragic but its all about money. I could just find some beautiful old Mexican Church and get married then it would be easier. But if you are not married and have little income it will not be easy to get a visa. But the best times in my life were when I was poor and living on nothing. So do not let it affect your happiness or relationship.

  16. Hi Mark,
    First of all thank you for all the helpful information.
    I’m Egyptian married to a US citizen and we both live in Canada (Permanent residents)for 5 years now. He has a job offer in US and wants to get us there (I and our son). We thought about our options and decided to file I-130 from abroad.
    I have a question regarding the affidavit of support. You mentioned it has to be in a US based income (reported in his taxes). In our case, he didn’t file taxes before as his income in Canada is non-taxable (scholarships). This non-taxable income is higher than the poverty guidelines.
    1- Do you think they will accept our Canadian taxes stating that his income was not taxable and a bank statement maybe showing we have enough money in addition to his job offer ($40,000/year)?
    2- If not, we have a house back home (in Egypt) Can this be considered as an assets if we will have to use assets to qualify?
    Thank you very much!

    1. Has to be US income in the USA at 1.5 times the poverty rate in your state otherwise you have to go for a different visa.

  17. Thanks for your advice, I could use some too!

    I’m a US citizen and I’ve been seeing a foreign guy (from Iran) for only a bit over a month now. Things went fast and furious from the beginning. I had IUD birth control in place, but with the chances being 6/1000 of getting pregnant using an IUD, I am one of the rare few! Now things are very complicated.

    I want to keep the baby, and I know that my boyfriend wants to be in our lives. We love each other, and the baby was made from love (I’m convinced that’s why it happened). But of course we’re worried about money. He is a PHD student in computer science. He does a ton of coding and has plenty of experience, so he’s extremely employable in a practical sense. However, he has at least a year, probably a bit more, to finish his degree. It would be better if he could either do his PHD part time or drop out for now and find a job, which would probably be fairly easy if only he was a citizen. Right now he makes $1300 a month, so not the $30k minimum you mention in your article. I make $54k salary at my job. I could scrape together or borrow the $1000 to apply for his citizenship, but is my salary high enough to sponsor him? And moreover would the immigration office be willing to accept the application with our story, given how short a time we’ve been together? Would my medical records and the fact that a baby is on the way be enough?

    Any help is much appreciated!

    1. Baby’s born from love are special. It is true and you of course should keep your darling baby no matter what. Your guy is a smart guy, it does not matter he is from Iran. I work in IT and there are a zillion people from all over in my workplace. Unless you live in a really close minded place you do not have to worry about anything other then paperwork. Look you need 1.5 the poverty level in your state. It might be as low as 25k for your income. His income does not matter. Yes genetic testing does count to validate if the baby is his. You could get married and it would even be easier. He is super educated and smart he should have no problem getting into the USA and spending a life together as a family. I married someone from abroad and we have a magical relationship. Just build the relationship from a spiritual standpoint, mutual values and reinforce this and you should be fine.

  18. I am a US citizen with Australian residency. I have lived here with my Australian husband for about 6 months. I married him St Patrick’s Day 2014 here is OZ. I am an only child and have made more then $30k a year in the states. Left my job in Tennessee in March of this year 2014. I am an only child and my parents are back in Tennessee. My husband is an Australian CPA and I will file a tax return this year in the states as I have American income from the beginning of the year. Do I have to go back and get a US job before my husband can come back with me or can he come back with me and work?

    1. Everything has to be in order before he comes to the USA. That is if you are going for a Greencard you have to have US based income. However, you do not need that if he will not work when he gets here. He can come without working and then when you have a job in the USA apply for the IR1 and in six months or so you will be all set.

  19. Hello,
    My name is Luke, I am in the army reserves and just came back from my overseas deployment due to an injury that occurred overseas during my mission. I got married April 2013 in the Philippines to my wonderful wife there. While i was gone on my deployment we had a little boy with some medical issues. I was married, prior to my wife currently and the divorce attorney told me i was good to go to get remarried. So before I was deployed I went to the Philippines and got married April 6 2013. While I was gone on my deployment I found out the lawyer had lied and my divorce was not final until May 26.

    I am still gone on my deployment and in the WTU (Wounded Warrior Unit) here in the states. I am in the hospital now just because of my deployment. Now we are so very sad now, because we do not know what happens or what can i do now. i paid for an immigration attorney but he does not tell me anything. Or give me any advise. Since I been on this deployment I have lost allot of money just because of the pay cut difference between the military and my civilian job.

    What I am asking can you please give me some type of free advise, these pass couple years is the hardest for me and my wife. Because of my injury I cant go see my family because I am still hospitalized. The military can not give me any type of dates when i may be out of here. So what I am asking I will love to see my family here to visit me in hospital i am so alone here in this room, they are the only family I have.

    Please let me know asap please because I don’t know when I will ever see my 7 month old son and my beautiful loving wife.

    Thanks for your help,

    SGT Luke

  20. I have been lions in Central America for the last four years working for a ministry, I barely made any money. I am now back in the U.S. Looking for a job, but I have a Honduran fiancé back in Honduras. We want to move to the states but neither of is have enough money for a fiancé visa sponsorship. If we get married can he come and work in the states on a visa until we make enough for a green card?

    1. I would not let money be a factor in love and marriage. I would get married when you want to and not based on visa’s or cash. Live your life, even if you have to teach English in Honduras. Marriage and visas should be two independent ideas in your thought process. As long as you are physically together, in love and married you will find a way.

  21. My husband and I got married in England in March 2014. Our plan was to settle and live in England. Unfortunately, my husband was not meeting the salary requirement so we spoke to an immigration solicitor and he advised us to move to another country part of Europe. Basically we have to live and work and prove that our marriage is real for about 6 months then we would be able to return to England on a family permit and finally live happily and legally in England. With that being said, we moved to Ireland about a month ago and my husband has been having a very difficult time finding work here (Ireland was hit hard by the recession). Anyway, I’m starting to get discouraged and feeling very homesick. So my question to you is, what would I have to do to be able to bring my spouse with me to the US? We want to try to avoid being apart and I heard that it takes about 6 months to get the k-3 visa. I’m supposed to be back in the US by the 18th of September because me visitor visa expires. Also, my sister and I own a car lot in the US, would that help my case?

    1. I would advise do not separate. It does not look good for immigration nor for the relationship. I personally would teach English or whatever native language you all both speak. Without knowing more details of your and his citizenship as well as skill set for employment I do not have enough information. I think teaching languages is a good temporary solution. You can do this and stay together. I did it and stayed with my wife. The car in the USA, I do not know, its just a car, I would sell it maybe if you do not take a loss.

  22. My girlfriend is a US citizen
    I will be proposing next month on holiday in Mexico and hopefully she says yes.
    I will be moving to California with her if all goes well
    is it possible to get married to her and then comeback to work and save money in UK in the meantime of filing the visa papers?
    or will I have to marry her and stay in the US?

    I am just worried about supporting myself through savings while I am there until I can find a job,
    does the whole process take long? I am not sure if ill be able to move right away to the US

    1. There is no way around it. You have to have income requirements fulfilled and paperwork done. Nothing fast and easy when it comes to US immigration. I did it so can you.

  23. I am an active soldier in the U.S. Army and I’m stationed in Germany. I just got back from vacation in the states where I married my German fiancé. Vegas. You guessed it, here’s the issue. I am PCSing to Maryland in a week and a half and I wanted to know how I can make this work to bring my wife to the states. First of all, do I need to go to the U.S. Consulate in Frankfurt to fill out any and all applications or should I do it in Maryland? Also, what does she need to do on her end because, I imagine, she will be in Germany for awhile till this all gets approved. I am scrambling on my end to get her into the system for the military (insurance, military ID, etc.) and I’m hoping there’s enough time for me to get the immigration visa started. Would it be easier to try for a tourist visa for my wife and then deal with it in the states only? Any help is greatly appreciated.

    1. Being in the military makes it easier as the income requirements are less and the US embassy is familiar with military marriages. The first step is to get all the documents required on the US department of immigration website while you are waiting for the interview at the consulate. Everything can be done online now days.

  24. I am British and my husband has dual nationality British and USA.
    We have been living in UK for the past couple of year but my husband found it hard finding work. He therefore returned to the USA earlier this year and is in full time employment. I would like to go out there and join him but need to know that I will be able to work when I get there. Can you advise what we need to do in order to gain me a work visa and also how long it is likely to take to get it please?

    1. You have to have a company sponsor you. I would take an assessment of your skills and try to find companies that are sponsoring people. This is usually large companies in the IT department. In the company I consult for I the only American in my department.

  25. I am a US citizen living in Turkey. I got married to my wonderful husband last year. He doesn’t want a green card because we are very happy where we are but we want to come visit my family once in a while. We applied for tourist visa but got denied. My husband was told that he need to apply for green card. Since we don’t want to live in the states, it doesn’t make sense to get a green card. What can we do?

    1. It is frustrating dealing with these government clerks. They are afraid he will stay in the USA without documentation. They care more about rules than keeping families together. I think it is based on how long you have been married. I think if you are married for a while they will not care. But if it is a new marriage they might think he is trying to scam the system, which I know he is not. You are sincere and in love. I live abroad for years and we had no desire to immigrate to the USA. I do not have the answer but if you find out let me know for others with the same situation, maybe bookmark this page and when you have an answer reply.

  26. Good afternoon, I am hoping you can provide me with a little insight into the process I would follow for obtaining a green card to move back to the US with my wife and son-both of whom are US citizens. We all currently reside in Ottawa, Canada. My concern is the financial sponsor requirement. Here are the options I am hoping are viable…

    1. In a couple of months I will be retiring from the Canadian Armed Forces, my pension will be valued between $25,000-30,000. Will this help reduce the financial sponsorship requirements?

    2. My father is currently residing in West Palm Beach with his wife. He is a green card holder and earns approximately $60,000 per year from his Canadian based pensions. They are secure pensions all earned from a couple of gov’t departments and the Canada Pension Plan. His lawyer has told him he can be my financial sponsor, my concern is that the pensions are based out of Canada. Can his wife sponsor me?

    Any insight is appreciated. Thank you.

    1. For an I-130 you need US based income. However, without going into details I think you can find a way in legally. I think it is OK that your father receives a Pension from Canada as long as he is here in the USA. I also think your Canadian pension will be worth something as well of course any assets you have like stocks and bonds. You need to talk to the US department of immigration as they will have a specific formula for you. I think you will be OK with an American family and Canadian pensions. I live in Florida and you will love it, if that is where you are immigrating to.

  27. My husband and I would like to move to America in a few weeks. I am a US Citizen and I have lived in Ireland for the past 8 years. We have two kids but they have American passports. I keep reading mixed reviews on how to approach this. I need to know the fastest option in getting him a visa so he can work. Do I apply living in Ireland or do we go to the US and apply there. What is faster and better? I was thinking sending off the I-130 form and while we are waiting for that he could go on a visitor visa (work illegally and look for a place to live etc..) I would remain in Ireland until he gets called for his interview which I don’t know if it would be in Ireland or the US. Its so confusing and overwhelming.

    1. I understand you would love to come home as a family all together as soon as possible. I do not recommend working illegally or anything that might jeopardizes the process. Since you have a family evolved I would get an informational interview with the US embassy.
      Me personally it is simple. I would apply for the I-130 in Europe. It might take months but as long as you are all together what does it matter where you live. The main issue is they need US based income to back up your ability to support your family and sponsor your husband. If you do not have that US based income, then this is a problem. You would need to bring your husband no a non-immigration visa, get a job and meet the income requirements in the USA. That is the fastest if you have lack the income currently. It is all about income trust me as you fulfill the other requirements.
      No matter how dazed and anxious and confused it seems now, I would focus on the goal of keeping the family all physically together, even if it takes a long time to get the I-130. Be patient there are no fast solutions I know of when dealing with the department of immigration. Look at all the comments on my blog everyone wants it all now. Better is to focus on keeping the family together while you address the long-term solution of a job making 30k plus in the USA. I wish you luck and if you have questions please ask.

  28. I am currently going through the K1 Fiance Visa process. Some of your information is not correct. Mostly your numbers/financial information.

    1. The financial requirement is 125% over the poverty level. (not 1.5%) If you do not meet this requirement you can obtain a sponsor.

    2. You do not need to make over $30,000 per year. It depends on your household size and starts at $19,662 for a household size of 2. ($30,000 is for a household of 6)

    3. The visa application fee is $240(not $350. There are also other fees with the K1 fiance visa…petition fee, AOS, EAD/AP, and ROC fees to complete the entire process to Greencard completion. It is more expensive than the CR1 Spousal Visa.

    JS

  29. My father was issued an immigrant visa to the United States 4 years ago but he has not immigrated to the USA because he has to stay in Vietnam to cure his illness completely. Now, the treatment is over and he want to immigrate to the USA but his immigrant visa is expired. In addition, my mother has become a legally permanent residence in the US for 4 years because she decided to immigrate to the US first. Therefore, I would like to ask if my father needs to do anything to extend the immigrant visa or my mother has to fill out the I-130 form for her husband’s immigration? Could we just do anything without filling the I-130 form?

    1. You can ask the embassy, but I think after 4 years he will have to reapply.

  30. I am a UK citizen living in the UK with my 15yr old daughter. I was married to my US husband a year ago, and we filed for a family immigrant visa in the states last October. We have submitted all of our documents to the NVC and are currently waiting for the affidavit of support and the ds160 forms to be reviewed, so we can be sent an interview date at the London Embassy. This has really taken its toll on us on every level and I stand to lose my income because I am self employed and travel with my consultancy, and am worried that the medical examination and interview date will clash with a long planned business trip (which will be devastating to my business as my biannual trips make up around 90% of my annual income). The NVC keep extending their wait times and on their recommendation, we have applied for an expedite twice, and been denied twice. I have two questions: firstly, how long does it usually take from the time the nvc have reviewed your case until they notify you, and you are actually going for an interview? And secondly, I have spent many years building my online international consultancy business which is currently based in the UK. Once I have been awarded my Immigrant Visa and go to he states to be with my husband, can I transfer my business over there and declare my income there straight away? Or will I have to keep my business UK based until I get my actual green card? I cannot fold my business while I wait because I will lose everything I have built for over 10 years, and I will lose all of my clients. I want to be honest, what should I do?

    1. With regards to the location of your company, I do not understand why it matters if it is US or UK based. In the USA you can do something as simply as file a Schedule C as long as you have an address. The tax office does not care, about anything, even if you are a US citizen or not. They just want to know if you have income and will tax you. The location of the headquarters or your base is up to you. You can make it an LLC which is easy to do or put it on your schedule C on your personal income. It should have little to no baring on the viability of your firm or the ability to attract clients. If you are doing consulting or an online business it is intellectual capital or services you are selling and the place it is registered does not affect the client.

      Unless there is information you are omitting, if your husband has an address in the states and you file joint you could do it today but best wait until you are physically there as there is a physical test of how long you live in a place to be a tax resident.

      The time it takes depends on their back load but I think six months is normal.

  31. My wife and children are all Canadian citizens by birth. I am an American citizen. My wife overstayed in USA and was barred for three years. Next month she is allowed to cross, but who knows if they will let her. Even proving strong ties with an over stayer is not enough. We all want to live in USA. I currently stay with her in Canada with the children as I cannot stay parted from my family. I do not work and she does not make enough money to sponsor me here. Any help is appreciated.

    1. I do not have enough information. Yet I think that if you can earn enough money they will let her in. Canada is a rich beautiful country, I could live there forever. But if you really want to know what I would do. I would move to a boarder town and work in the USA to make the money needed to sponsor her. You could be home for dinner every night. You would just have to cross the boarder for work.

  32. Dear Mark,

    My US fiance and I are intending to go for the CR1 visa and we would like to know:

    1- how long this will take us until we get the VISA (in months)?
    2- We would like to know if our choice to go for the CR1 and not the Fiance Visa is the best thing to do?

    My fiance works with me and she still has one more year before she finishes her two year contract. She has a good job in the US as teacher in the public school. And she will return to her job once she finishes her international experience here in Morocco.

    Thank you,
    YW

    1. I would go for the CR1 which will take about six month depending on a lot of variables. You are both educated and intelligent and there should not be a problem to get a job and immigrate.

  33. Mark,
    Your posts have provided great insight to the laws of immigration. If I may inquire on our particular situation I would be so grateful for proper guidance.
    I am a US citizen making an adequate US income to “sponsor”. While in Dubai working for a month I met the love of my life. This man is originally from Jordan and holds a residency visa for Dubai where he works and resides.
    We applied for a visitor visa for him to come stay with me for a month to give us time to really get to know each other before we marry, as we want to do it right. His application was denied based on the grounds that he did not show adequate ties to Dubai to ensure he would return (single and renting an apartment). We were distraught. I looked into a student visa, which would give him 5 years here, but the requirements are unattainable unless you are rich. They require you show proof of adequate funds to pay your entire tuition and cost of living expenses to be approved.
    We have decided to forsake all marriage traditions and just marry before the court, as it is the only way for us to be together. So on that note we need advice. What are the pros and cons of the fiance visa over the marriage visa? Are we better for me to travel back to Dubai and marry him there, then come home and hope they allow him here on a marriage visa? Or shall we apply for a fiancé visa and marry in the US? Do these visas have ridiculous requirements that must be met? For example I read something about the need to have 8 pictures together, but how can you get those when you are not together?
    Should I consider hiring an attorney to guide us through the process so it is done correctly, or would I be wasting my money?
    I beg please for any help you can give us. Thank you kindly.

    1. I live in New Tampa now. Most people here in my church at my work are from another country. I am married to someone from another country. I have no problem with international marriages. In fact the idea of marrying someone just because they are from your county is a bit silly. You marry for love. However, that being said, even for me, I had a child with my wife and have been together for years, when It came to the I-130 visa, we were check and re-check. Do not be offended or worry to much. Immigration workers and laws are typical bureaucratic nonsense.
      The main thing is you will be together.

      I personally would first try a I-130 if you make the money. That is just me. They could deny him if they feel the marriage is not real. This is a big problem for US immigration as too many people try to deceive the system and it makes it hard for all of us real people. I would do several consultation with the consulate and department of immigration and let them guide you with an information interview. Also there are no lawyers that can help. Any poor section of the city has people that do this for a fraction of the cost. In Tampa they are on Nebraska Avenue for example.

    2. Thank you for your reply Mark! Firstly I am a resident of Alaska so options for attorneys are very limited but I did see a couple advertise in immigration law. My only motivation for considering one would be for proper guidance on the best way to ensure we can be together. If CBP will actually provide me an information interview to ensure a smooth transaction than I would much rather take that route, but I didn’t know they did anything beyond collect your money, collect your form, and either stamp it green or red. I will place a call to inquire tomorrow. If I read correctly the I-130 form is for a relative, meaning we must marry first. That being said, do you know if it matters to US customs that we marry in Dubai or if it should be a country further from the Arab world? Money is not an issue so whatever proof I need to provide them income wise should be easily attainable. I also read that we need to show intermingling of assets, ie bank accounts, mortgage, etc. What can you tell me on this? I am so grateful for any and all information you can provide. Thank you!

  34. My husband got his citizenship though birth (father)He was born in South Africa.
    Lived and worked in South Africa most his life.
    Did not know about the US tax law until be researched moving to the US.
    He lived and worked for two years in America prior to getting married to me. While married he worked for an American company in Iraq and served as a civilian for 5 years.
    Now married for 15 years and 3 kids later we want to leave South Africa for a better future for our kids.
    We have about $70 000 in sellable assist including a business, cars and furniture.
    Can we give business as asset even if its not sold yet? Or are they just interested in cash assists?
    We are a very close family and anytime apart is a no go. On what visas will the kids and I be able to travel to the US with my husband and then apply for green cards there. If our visa runs out and green cards not approved yet, will we have to leave and will they allow us to come back on holiday visas and wait for our green cards.
    My husband is a IT specialist with over 25 years experience and will not struggle to secure a job. How long does he have to work before we can apply for green cards or can we do it as soon as we land there. How long will a holiday visa last?
    I have been in contact with lawyers in US but $50 for every phone consultation without getting us anywhere, no straight answers is driving me nuts.

    1. Lawyers are not the best bet. I would do people who are just immigration specialist without a law degree. Many companies in the USA like this. I have personal friends who do this. Also check with the US embassy there will be no problem to immigrate, you just need to know the legal hoops to jump though.

  35. My wife is a born us citizen and I am from Australia.
    My wife was here in Australia but due to circumstances she has recently moved back to USA, she is also pregnant with our first child and it is due in December.
    My wife has filed the I-130 forms and we were looking online today and the USCIS website states that it is a 5 month wait just to get the I-130 form lodged let alone my visa.
    5 months just won’t work for us as our baby is due before then.
    I will also need to be working over there to provide for my family.
    If anyone knows a way or advice on how I can get to US and be working ASAP it would be much appreciated.
    Cheers
    Adam

    1. Petition for alien relative process is based on income and patience. Having your child abroad is not a problem. Traveling during pregnancy is. Once your child is born the child will get a citizen and passport not problem.

  36. I moved to China and after 2 years married. That was eight years ago. Now I am 63 and we have a lovely daughter (us citizen) and a 12 year old stepson. I receive a Social Security Benefit of about 1k per month. We have liquid assets of about 50k and residential assets in China of about 150K. My sister and her husband want to sponsor us. They are 64, work and his annual salary is about 90k per year. My sister lives in a duplex and has offered us the “b” part free.

    I have not worked in the USA for years and my salary in China is under 10k per year and therefore not reportable (and no need to file). I have no expenses in China as all is covered by my employer.

    As I don’t have employment in the USA (but will when there) what are the possibilities that we will be successful obtaining a CR1 visa?

    Additionally, are there any requirements as to transferring assets to a USA bank?

    1. I think in your case it might be easiest to have someone sponsor you. If the main obstacle to immigration is income on your part, then I think a sponsor would fill the gap. If you read my chart on income requirements you can see that you need a little more. Transferring money to the USA not a problem. Just remember you need to report any assets abroad to the IRS. If you have not, you need to research this. If might simply revising your old returns. But if you have over 10,000 dollars assets the IRS wants to know about it. I would stay positive and you can immigrate with a sponsor. However, your total assets might allow you to immigrate without sponsorship you have to do the math

  37. Hi Mark,
    I’m a US citizen. I’ve been married to an Italian citizen for one year now, and living in Italy for two years. I gain my Italian citizenship next year. However, seeing as the financial situation here in Italy is becoming increasingly desperate and we’d like to start a family within the next three or four years, we’re really wanting to come to the States so that we can both work and begin to save up to start our family (as it is impossible for him to find work here and I’m a bit fed up with teaching English. Also any decent paying job is in black, because there is an excessive level of corruption in both the private and public sector.) I don’t know where to begin and the U.S. Embassy in Naples has been less than helpful.
    We’re both young. He’s 23 and I’m 27, but unfortunately there are no real opportunities or a future here. He studies music and hopes to work and eventually attend university in Texas (my home), but we’re willing to work just about anywhere at this point.
    It’s only important to us that we’re not seperated from one another. I simply don’t see a workable future here and I was hoping you might have some advice.
    Thanks,
    Micah

    1. You have two options, you either immigrate to the USA with him non a non permanent visa, during that time you work and make enough money to satisfy the income requirements as shown on your US taxes or you get someone to sponsor you, like your parents.

  38. I am a US citizen and I am married to a Mexican citizen we have 4 children in common he is currently living in Mexico. he had a tourist visa we met in Los Angeles. They US took away his tourist visa because he had assault charges. They took away the visa because of the charges. I file my taxes every year it’s about 18,500 yearly what can I do my husband really wants to back to the US and be around his kids and me this situation is affecting me and my kids directly. What can I do to tell my husband. And also I forgot to mention if it helps in anything also my husband has Cocopah Indian blood.

    1. Native American blood as nothing to do with it. I assure you. It was simply he has some trouble with the law. I understand as everyone makes mistakes. But depending on the nature of the crime it would complicate things. I assume is was minor or they would have arrested him. It was most likely a local scuffle in a bar or something. But the law is the law and the only way to solve this is legally.

      I would personally do two things. Try to find a job that pays more. Using monster.com and putting your resume out there. Post on Linkedin. Go to fiverr and get someone to rewrite your resume. I would even offer to help but have little time. Find a job paying 30,000 a year. You can do it. God gives us all the ability if we work towards this.

      If you have a little extra money you can hire legal advice. It does not have to be a lawyer but cheaper alternatives.

      If you can not do this I would live in Mexico teaching English or something. I have friends that live there and they like it. If you have a job it is the same as the USA.

  39. I am a US Citizen. I moved to Portugal and got married to a Portuguese guy in 2011. We have been happily married and living in Portugal ever since. We have decided that it is time to move our lives to the US where job opportunity is better and where I have a great deal of family and loved ones. I keep hearing mixed ideas of what we should do. Some say get an immigration lawyer and have them do everything for you. Others say, save some money and file yourself. What I would like to know most is how long before my husband is allowed to live and work in the US. And what path is the most efficient.

    Could he go to the US on a visitor visa and then we get married again there. Would that get us to the USA together faster? Or is that considered Visa Fraud since technically we were already married in Portugal.

    1. The answer is easy. You can not get married if you are already married. Therefore, that option is not available.

      I am a do it yourself person. All the information you need is on the government websites or clarified with an informational interview. Having someone fill out the paperwork for a mortgage or immigration is expensive considering there are quality free PDF programs like Foxit that will expedite the form filling. I think in your case it is about income. If you want an I-130 you will need US based income. Think of it similar to applying for a mortgage on a home. You need to prove your income legally. If you can not immigrate with your partner on a non-immigrant visa get the income and apply in the USA.

  40. In the beginning of the year, my sister and her husband co-sponsored for my husband’s visa. Back in May, she lost her job at a bank and they had to close their business. Now I am back in the states (from China) with my two boys (one of whom is my current Chinese husband’s biological son with me), I am a teacher at a college prep charter school making almost $45,000 per year. Can I request to remove my sister’s petition and just go with mine?

    1. Yes I believe you can. I think even if someone sponsors you it does not mean they will be really supporting you, it is more a legal requirement. If someone was sponsoring me for a I-130 I would not ask for money even if I was poor. This is America and you can live on very little money if you have a basic job.

  41. I have a question.
    My spouse is a US citizen and we are planning to get married. But she just heard from her job that from September she wont be needed more at her job because they are cutting off jobs. She is now looking for something new.

    This is the reason why we are thinking to like put a stop on the process wait until she gets a new job and then apply for the I-129.

    My question to you is can we apply for the I-129 and K1 get marry and when she gets a job there then we apply for me to Immigrate to the states. In the mean time I will be working here in the Netherlands waiting on her to get a job.

    Is this possible or when she get a new job we will have to re-apply for the I-129?

    1. I personally get married if I was in love and apply for the I-130. I-129 is more connected to an H1 and work visa. You will be married to a US citizen and if you can prove the relationship is real why would you make extra steps for yourself? For me that is a red flag. If you are in a real relationship you should prove this and get the I-130 based on her US based income. The idea of marriage is separate from immigration in the sense that that is all about love. When to get married is based on this.

  42. My husband and I, Indians, now presently living in the Middle East. Our daughter is studying/working in Toronto. He has has been there for the past 1 year. Her fiance is Indian and a US citizen. They would like to get married next year sometime. How is her fiance to go about get her a visa to enter US? Where will her interview be – India or Canada?

    1. The interview will be at a US embassy if she is not in the USA. It will be an easy interview if the paperwork and income requirements are met. I work with a lot of Indians in the USA and they live productive lives in the USA and in their experience immigration is straightfoward.

  43. I married my husband in Curacao. I have a job earning 9.15 an hour that I just got. I would like to bring him here. I am supposed to get 46K in inheritance this December, and if it doesn’t get disbursed that quickly my Uncle has agreed to sponsor him. My husband has 14K in the bank and earns 2K a month online. I have asked him to visit me for 3 months (we have a visa pending for me to move there and if that happens I need help with moving). I also have a son from a previous marriage. Is there any way I can bring my husband here? The website for the processing time says it takes less than 5 months.

    1. When you get this inheritance and show income, usually based on tax returns you should be fine for a I-130 visa if all the other conditions are met. His income if not factored in the equation. It is you that sponsor him. If your Uncle is open to sponsoring him that would be the fast way to get to the USA.

  44. Sorry if this is a duplicate post. I thought I submitted my questions, but I do not see the post anywhere.

    I would like to know if I should hire someone to fill out K1 visa or is it manageable with an attorney? Do you know any decent attorneys or companies that would process without costing a bunch of money?

    Also, once my fiancée and I would marry what is the process to go through so that she can legally work in the USA? approximate time frame after marriage?

    What kind of fees are involved for the K1 and any other fees that I should be aware of?

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