K Visa Regarding the I-94 form and marrying my American bf

[crissy]

I'm sure these questions have been answered, but I searched through the entire immigration section of this forum and could not find the answer I need.

I am a 20 year old female from Canada and met my bf (from TX) over the net a couple years back. We have now been dating for 6 months and have recently been discussing getting married so we can be together. This was not our first choice, as we are both still young, but are taking baby steps towards this big decision so that we won't have to spend months at a time apart.

He visited me for a week this year, and two months later I travelled down to TX and stayed there for just under a month. I don't think I was ever given a I-94 form because I suppose they considered me a tourist. I am seriously considering leaving my country to be with him, but there are a few problems. First of all, my boyfriend is a full time student and is not working at the moment. He will be finished his degree in electronic engineering next June and will most likely get a job shortly after. We both do not want to wait that long, however I was under the impression that if he isn't able to support me, I will not be allowed to have a fiancee Visa (is it K-1 or K-3?). Is this true? If so, is there any way, if I can bring the money to support myself at least for a few months, that they would overlook the fact that he doesn't have a job?

Second of all, as I mentioned before, I was never given an I-94 form. Will I need one before I can apply for a fiancee Visa? And how much will it cost to receive all the necessay documentation and file it? Would you suggest talking to an immigration lawyer rather than filling the forms out ourselves? If my boyfriend has a record, is it likely that they will deny our application?

I know I have a lot of questions, but bear with me here.

Would it be easier, if we are denied application due to his unemployment, for me to just apply for a student visa? I am pretty sure I read somewhere that if I am accepted for a student visa, I will not be able to work in the States. Is this true? I am a pretty independent person and I don't like the idea of going to the States and not being able to support myself financially. Will I only be able to work if a) I am granted a temp work Visa after receiving a job offer in the States or b) My boyfriend and I elope after being approved for a fiancee Visa and I obtain a Green Card? How does the whole employment thing work for me?

Lastly, are they less likely to approve our application since we are so young? What kinds of things will they ask us for? I suppose we have to significantly prove that we are very serious about living together and getting married. Would they ask for phone records or anything like that?

I have been looking for the right answers for many months now so any input you can give me will be greatly appreciated.

 

[NYClex]

OK, we have to sort things out a little. First question would be: where are you now?

As you already know about the K-1 or K-3 visa, remember that they are meant to allow you to enter the country legally, therefore you only get them outside of the country. Since you are outside of the US when you apply for them, you don't need an I-94 to apply for the visa. Actually you wil be given an I-94 when you enter the country (make sure that you will be given one at the border or airport, because you will need it!)

Only once you are in the country legally by using your K-visa you will need the I-94 then to apply for permanent residence based upon your marriage to an American citizen.

And yes, here is a problem: Your American fiancee or spouse has to provide an affidavit of support showing he has enough income to support himself and you. Being a student this might be a problem.

But there is hope: If you find someone else who is willing to take the responsibility to sponsor you, this person can become a joint sponsor. More about this here: http://uscis.gov/graphics/howdoi/affsupp.htm#sponsor

Now, there always is the possibility to enter and live in the US on another visa. So if you qualify for a student visa you could come here and study here. But as you correctly mentioned, you would not be allowed to work.

As a Canadian you might also be able to get a work visa under treaty status, but you would need a job offer and the requisite qualifications. Usually you have to be a professional to obtain such a visa.

Oh, and you should carefully chose for what to apply. If you apply for permanent residence and get turned down, you might have difficulty obtaining any other visa. So you should not apply for permanent residency if you know you will be turned down for lack of support.

 

[crissy]

Okay that definitely helped me a little. I have a few more questions.

I'm from Vancouver, BC Canada btw

How much will all of this run me? I heard somewhere that it could cost almost 600 dollars to get all of the paperwork done. Is that with lawyer fees or without?

My boyfriend told me yesterday that if we don't want to go as far as getting married, I could just come stay for six months, fly back here for 3, and so on and so forth...how does the law apply here? How long will I need to stay in Canada after I have been in the States for 6 months? If they find out I did this, would they be less likely to grant me a Visa?

Lastly, do you think they will discriminate against us because we are so young? I mean we're only 20 & 21 years old, they might think the whole thing is a big joke (that is my biggest fear). What is your opinion on this?

I talked to my boyfriend about getting sponsored and he said that his mom probably would, so that's good news. Any other input you can give me would be great.

 

[NYClex]

Well, let me tell you this. Your questions sound to me as if you really are not so sure about this yourselves. Somehow I am not so sure that you are convinced that marrying now is the right thing to do. If that is so, then don't do it.

The "tourist" option may or may not work for a while, but from what I hear lately enforcement has been improved a lot at the Canadian border and you can expect that the border officers will find out about it soon and you might be denied entry to the US. That can happen after the first attempt to re-enter or after the 10th, nobody knows.

The current fees for filing you will find at the USCIS homepage. It will be a couple of hundred dollars all included. Attorney fees would be extra and probably a couple of hundred or more.