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… hardcore. I was wandering around VisaJourney.com and checked out the flow chart that they have for the fiance visa (K1). In reviewing the documents for the next step of the K1 Visa process, I came to the brink of a panic attack. The visa process is so incredibly bureaucratic and I’m just so frustrated with this entire thing.
While I’m in the UK I can’t work, and the 1-134 form says I need to have a statement from my “current employer” and a statement from a bank officer saying how much has been deposited in the past year and what my current balance is. The purpose of this form (as far as I can tell) is to ensure that Mr. D and I won’t be on welfare in the US. I’m hoping that gathering my previous tax returns will show that while I’m in the US I am capable and willing to make money, but I just don’t know if that will be enough.
I feel like I’ve been caught in a Catch 22. I’m in England to be with the man I love, and while I’m in England, I can’t work. It’s looking like I need a job to marry him, but I can’t have a job while I’m in England. Am I supposed to go back to the US and get a job so his visa will be approved? I’m starting to feel like the US Government is privy to more private details than anyone else we’re close to. They’ve practically become a third party in our relationship!
I’m so upset that we’ve started this process and so much of it comes down to some immigration officer’s discretion. I knew all along that our future hangs in the balance of a stamp, but now that reality is hitting so much closer to home. If we’re not approved we have a few options, but all of them are expensive, and none of them are exactly the way we hoped things would turn out. I know there is nothing to do but gather all the data we can and hope to prove our relationship and my ability to have a job, but it really doesn’t make me feel any better about it.
What legal snags have you hit on your path to the aisle?
I’ve only ever dealt with UK immigration - which although difficult - is supose to be 100% easier than US immigration. Good luck with it all - and don’t forget to breath! The best site I’ve seen for immigrating to the US is http://www.diveintoamerica.com/
Good luck….
I really feel for ya Miss D! One of my neighbours in was caught in a similar catch 22 with her husband (we’re in Canada, he’s in the US). It took two years (AFTER they got married) for her immigration and citizenship stuff to be cleared up so she could legally move to the US and live with him finally! I know it was the US side that caused a lot of the head aches. Also, FYI, one of the other reasons why they want to confirm your finances, and where you get your money is to make sure you have a legal source of income and aren’t moving to the US as a hiding mob boss or drug-lord from afar.
OMG you’re freaking me out, too! My husband and I are both poor students…with the hope to find jobs once stateside! Please update us on what you find out:)
I have just recently gone thru the process, but the other way around. I am American and my fiancee is British. I have loads of advice but not sure if would apply in your case. We ended up heading to Gretna Green for a quick wedding to satisfy Uk immigration and now are planning a real celebration in the states with family and friends. I wish you the best of luck. If you have q’s feel free to contact me.
Tara
Hey Ms. D’orasy… My fiance works on Capitol Hill and a friend of his called him with immigration issues…. the friend’s wife was deported until their paperwork went through (6+months) because they didn’t fill it out as soon as they got married… there were more details but whatever…. the Point is:
1. Make sure to do all the required paperwork and jump through all the hoops regardless of how annoying it is
2. Call your US congressperson–House or Senate and they might be able to speed things up for you or put you in touch with someone who can help. That’s actually part of their job.
3. There is some trick about coming to the US on a tourist VISA and then just leaving before it’s up and the flying back….it’s just you can only do this so many times before they get suspicious and catch you. (that’s what happened to the previously mentioned couple.) It’s not 100% legal…but it’s not illegal either… it’s kind of a weird loophole in the law…
Sorry you have to go through all this when you should just be having a blast wedding planning and being in love! But know that I’m guessing your a US citizen so you’ll eventually be able to get married and live in this county… (is that the plan? or is it you in England?) . It’s just that the gov’t has tightened up everything after 9/11.
don’t worry! every case is different but in a nutshell: you can always have joint sponsors! I don’t do any fiancee visas with my cases but with a lot of our adjustment of status cases (usually recently married folks!) they don’t have a large income (they are just starting out after all!) so they have a parent be a “joint sponsor” and they just state if anything happened they would support you before you got on welfare…… joint sponsors are used in all kinds of cases
I wish I had any information that could help you but I dont, so I’ll just say that I’m sending good thoughts your way for sure!
That must be incredibly frustrating Miss D, I’m so sorry :-/
@Miss Popcorn: I second the call your Congressman idea….we did this for my husband’s passport, and they went out of their way to help us.
are you working with an immigration lawyer? it might simplify things.
@Miss Popcorn: re: miss popcorn’s idea about coming in as a tourist
obviously, this is not legal advice, but i would not suggest that route. once you get married, your husband will have a VERY hard time clearing US customs as a tourist.
it will be hard to prove that as the husband of a US citizen, his intention is to not overstay his tourist visa & to return back to the UK.
hopefully you won’t be put in this situation!
Miss D,
I’m much more familiar with the green card process than with the fiance visa process, but I was also stuck in France without real employment at the time. We got through the financial requirement by having my parents agree to sponsor my man financially while he was in the US (even if realistically they don’t). I imagine they must have that option for the fiance visa as well!
Also note that just consulting an immigration lawyer (short phone convo) is often free and can answer alot of your questions!
Megan
I just wanted to send positive thoughts out to you! I hope it all works out!
Good luck, dear! Hopefully you’ll have no problem clearing the job hurdle because they’ll look at the situation as a whole. But I definitely second (third?) Miss Popcorn’s idea of contacting your congressional representative if necessary. There were some legal hangups with a work visa for someone at Mr T’s company, and a letter to the guy’s Representative got the process moving.
First of all, give yourself a break! Take a day off and do NOT think about this- go shopping, to a coffee shop, see a movie- just relax and unwind and then you’ll be better able to deal with it tomorrow. (Always helps me!)
Secondly, take comfort in knowing that you are doing everything you can, and while life isn’t perfect and things don’t always work out like you hoped, it WILL all work out. <3
I’m in the same situation. I moved to Australia to be with my FI while we waited for his K1. And having lived abroad for 3 years, I have ZERO money in the US. Have you thought about having your parents co-sponsor him? Then they can provide all the financial proof. This is what an immigration lawyer told us we could do and the route we are taking.
I wish I knew anything about how this works to help you out but it looks like you are getting a lot of sound advice from the other commenters. Somehow it seems like the idea of pulling in someone who might know more about it (immigration lawyer? congressperson?) sounds like a good route to go to make sure you get your bases covered.
Regardless, I’m sending positive vibes your way. I’m sure you all will get it all straightened out. 
Best of luck!
i feel your pain, d’orsay.
my fiance’s working real hard to make sure that we meet the income requirements (he’s a photographer so it’s freelance work), but that also means that we have to be apart a lot.
like you, we’re also waiting on the outcome of our K1 visa.
good luck to all of us!
I’m sorry about your situation & I’m even more sorry that I can’t help! But I have to say: Thankyou!Thankyou!Thankyou! for showing the link to visajourney. My fiance & I are in the K-1 process and because he’s a lawyer he’s been completely against hiring an immigration lawyer (although he has NO immigration experience… ugh!)
I don’t know how I came across weddingbee or your post, but it was Heaven sent! Up until now I’ve been coming across really sketchy looking immigration advice sites… I cried a little when I realized I’d finally found what I was looking for. We were not nearly as prepared as we thought we were… eek.
I really, really hope you get this all settled! I know its extremely frustrating, but don’t get disheartened…
Yep, I freaked out about that little clause in the visa journey as well. FH and I will have been living abroad for 3 years by the time we move back to America or England which means neither of us will have been making money in either country, although we do plan to save up tons before we move, since we probably won’t have jobs right off the bat. If that doesn’t assure either government that we won’t need welfare, I think we will ask our parents to co-sponsor. I’m really interested to hear how this turns out for you, or for anyone affected by this clause really, but I wish you all the best!
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Mrs. D'orsay, Baltimore/Lancaster UK Age and Occupation: 24, nonprofit communications Fiance's Age and Occupation: 29, Web site developer and designer; co-owner of men's skincare shop Engagement Date: August 10, 2008 Wedding Date: August, 2009 Venue: Oakland Manor About Me: I'm a Maryland raised environmental policy wonk/activist/organizer and communications aficionado. In the past year I've lived in Baltimore, MD, Tucson, AZ, Miami, FL and Lancaster, England. In my not so spare time I enjoy planning trips with Mr. D' Orsay, visiting friends and family and crafting like a mo-fo. I also enjoy modern dance classes, rugby and soccer but have been banned by my mother, MOHs, and Mr. D' Orsay from playing till after the wedding. I have an unnatural addiction to cheese and shoes, but love Mr. D' Orsay more than either and can't wait to become Mrs. D' Orsay!
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