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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 102146
Experience:  US immigration attorney licensed in state and federal court.
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My son is getting engaged to his girl friend, who is a US citizen,

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My son is getting engaged to his girl friend, who is a US citizen, with the intention of getting married in the US next year. She is completing a K1 visa - a fiance visa. He spent 2 weeks in the US at Christmas. He is is concerned that there will be a problem with the visa because when he landed at Boston in April to spend 2 months there, he was sent back since the authorities were not satisfied that he could support himself. There is no other barriers to his to his entry.
Could you advise ?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Ely replied 3 years ago.
Hello friend. My name is ***** ***** welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.
1) Does he already have employment lined up in USA, or not yet?
2) Has she filed the I-130 for him, or not yet?
3) Does she work?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

He works as a back stage theater technician at the Cliffs Pavilion & Palace theater in Southend-On-Sea, Essex.

He does not have any employment lined up in the U.S. His fiance is a scenic artist for Northern Stage Theater Company in Vermont. Which they both expect him to find work within theater as a back stage technic***** *****ke he is currently doing. She has all the paper work ready to go and were just waiting for when she visits the U.K. for 2 weeks in August so he can sign and fill in the information that he needs to.

Expert:  Ely replied 3 years ago.
Thank you.
Understand that once she files the K1 visa, this is just the start. The K1 visa is a fiance visa. K1 fiance visa is a case by case affair when it comes to income. She only needs to show that she can ensure that he will be homeless, really. While this is a bit of an exaggeration, it is not from reality - see here. For the K1, it is wholly subjective.
So the K1 is not an issue.
When this DOES become an issue is when she files for his GREENCARD using the I-130/I-485 package. See here. This is done after she marries him. Along with this, she has to file an affidavit of support, which includes being able to make what is mandatory under USCIS guidelines - see here. She must make that or more to be able to push through the I-130/I-485 and have him get a greencard based on the marriage. If she cannot make this much, then she may use co-sponsors to do so. See here for more.
Good luck.
I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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