Immigration Site

What a great forum! Ive recently started investigating the process for my Argentine fiance and me (American). Ive been living (unofficially, Im still a US resident) in Argentine for the last 2 1/2 years. Now I want to return to pursue a masters degree, and bring my partner (of 2 years) with me.

The idea is to move in June, with a date of mid-August as the absolute latest (since my program will start at the end of August). Costs are important, but not the be-all, end-all. So, whats our best bet? Mary here? Mary there with a fiance visa? He has a B1, but it sounds like this would be legally compromising and unethical. Since Ill be studying, we want him to start working as quickly as possible. (Ill be taking out student loans, as well.) I came here to do an internship, so I have a relatively low income for one of the last three years, but have met the minimum in the other two.

What else am I missing? Any info/advice is greatly appreciated! We hope to avoid legal fees, if possible.

It looks like you have quite a rough road ahead of you. You could petition for a fiance OR marry abroad and apply for an Immigrant Visa OR marry abroad and apply for a non-immigrant K-3 (that requires an I-130 first then an I-129F BUT if they arrive at the Consulate together or close together, the K-3 will be closed and it will proceed to the Immigrant Visa processing).

Marry abroad and File Form I-130. If you reside outside the United States, file your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate. [You qualify for this.]

When the Form I-130 is approved, it will be sent for consular immigrant visa processing and the consulate or embassy will provide notification and processing information. See form instructions for more information. This option requires the I-864, Affidavit of Support, be approved before an Immigrant Visa can be issued. IF this is doable, this might be the best choice to meet your timeline.

I-129F for K-1 Fiance: What happens if we do not marry within 90 days?

Fiancй(e) status automatically expires after 90 days. It cannot be extended. Your fiancй(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancй(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

I-129F (AFTER an I-130 is filed in the US at the Chicago Lockbox--you can opt for this) K-3 Spouse: Affidavit of Support

Form I-864, Affidavit of Support, is not required when applying for the K-3 or K-4 nonimmigrant visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete Form I-134, Affidavit of Support, to help demonstrate that your K-3 or K-4 nonimmigrant will not become a public charge while in the United States. When the K-3 or K-4 nonimmigrant visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will need to file Form I-864.

Good Luck,

I came here to do an internship, so I have a relatively low income for one of the last three years, but have met the minimum in the other two. Income from non-US employment cannot be used to meet the financial requirements for green card sponsorship.

Find a cosponsor for financial requirements assuming you no not have adequate assets to compensate for too low income.

Face the fact that even if you are married there, he may not be able to immediately accompany you due to the processing times. It is not a big issue since marriage is (or should be) for a long time.

He could also file for an H1B if he can find a sponsoring employer. As a dual intent visa, he can be married either before or after entry. This income can be used for support.