K1 visa questions

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JpenNew Member
Topic author
Posts: 6
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Joined: 31 Jan 2012

K1 visa questions

Post Thu Feb 02, 2012 12:05 pm

First off I'm just thinking about starting the k1 process but have a few questions...

1.. my daughter has dual citizenship and the past few years has been mainly in the us with her father while I visit.. He has claimed her on his taxes both years of her life.. ( I guess I'm confused now because she is stuck in Canada with me now as I keep getting sent back to Canada at the border)

Will this affect his affadavit of financial support for me?

Also I'm assuming that my daughter does not need a k3 visa??

2... My fiancé currently is getting food stamps and my daughter is getting WIC... Will this affect the k1???

3.. He doesn't currently have a bank account,,, and if proven to not be financially able to support me are we allowed a co sponsor for me???

The real question pertains to my daughter tho... Does she count in all of this?? Seeing as she has dual citizenship??? I haven't run across anyone in my situation yet. Please help.
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CalGreenCardCanuckAbroad VIP
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Joined: 16 Feb 2008

Re: K1 visa questions

Post Thu Feb 02, 2012 3:04 pm

Jpen wrote:1.. my daughter has dual citizenship and the past few years has been mainly in the us with her father while I visit.. He has claimed her on his taxes both years of her life.. ( I guess I'm confused now because she is stuck in Canada with me now as I keep getting sent back to Canada at the border)


I'm unclear how old your daughter is. You say "both years of her life" as though she is approximately 2 years old but also say the "past few years" implying she is more than a few years old. In any event she probably is a dual citizen (do you have proper proof of her status) and will NOT need immigration sponsorship.

Obviously a child needs assistance to physically cross the border. For all children this would include formal notarized permission of the parents and, of course, a very young child would not physically be able to manage crossing the border alone. If you and she are traveling by yourselves and you get turned back, obviously she's going back too. But she's still a dual citizen.

Jpen wrote:Will this affect his affadavit of financial support for me?


From an immigration perspective he only needs to be able to support you.

Jpen wrote:Also I'm assuming that my daughter does not need a k3 visa??


If she's a dual citizen make sure you get her a US passport--but, yes, if she has a US passport she certainly doesn't need a visa.

Jpen wrote:2... My fiancé currently is getting food stamps and my daughter is getting WIC... Will this affect the k1???


He will probably need to get a joint sponsor for you as it sounds like he may not have the financial resources to sponsor you by himself.

Jpen wrote:The real question pertains to my daughter tho... Does she count in all of this?? Seeing as she has dual citizenship???


From the family perspective I am sure your daughter counts very much . But from an immigration perspective, assuming she's a US citizen with a US passport, there are no further steps you need to take for her--only for yourself.
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flames9CanuckAbroad VIP
Posts: 601
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: K1 visa questions

Post Thu Feb 02, 2012 3:13 pm

visajourney.com best FREE relationship visa site going!!!
http://www.visajourney.com/forums/forum ... rocedures/

When 1 is visiting the USA in ur situation,m can be a bit tricky--al up to the POE officer! Sometimes having evidence that u are returning helps, and sometimes the POE officer just doesnt care!! In his mind ur to much of a risk of staying!!

Look over VJ!!! Lot of great, free info-
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JpenNew Member
Topic author
Posts: 6
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Joined: 31 Jan 2012

Re: K1 visa questions

Post Thu Feb 02, 2012 7:46 pm

Thanks so much for your replies.. I have been looking around visa journey all day but haven't come across anyone in my situation!!! Although I'm sure there are families out there split up like mine!

My daughter was born in the us so she has her birth certificate and passport (and your right she is 2 years old ) ( almost!!)

Thanks for clearing up my questions!

For joint sponsorship that comes in at the affidavit of financial support there is nothing before that we would need to do? (I'm just looking into all this right now.. I'm not sure if my hubby is below the poverty line as this past year he has had a few different jobs... It has been tough but we made it)

But if I do need a cosponsor does it have to be a family member? His entire family lives nowhere near him (all in PR) would that make a difference? Could it be a close friend? Or distant cousin? ( could it be my family member? Or better if it's his? )
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flames9CanuckAbroad VIP
Posts: 601
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Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: K1 visa questions

Post Thu Feb 02, 2012 8:01 pm

Prob best to answer questions on VJ--lot more people visit that site. There is even a Canada forum!

Your simple isn't that unique. You need a visa--ur daughter is a USA citizen, so she does not. You either need a work visa, which I recall you saying you do not have a the educational background. Since your not married and ur having difficulties crossing the border and he can't come to canada, sort of leaves you the k1 route! So read the guide on the k1 section! Any USA citizen can sponsor you, the question will they do it??? Keep in mind when you move down on a k1--you can not legally work until you get that Employment Authorization document (EAD) thats why many try to get married as soon as possible after they marry, to get that paperwork started! I didnt go the k1 route, but all the info u need is on VJ! Best of luck
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