Can I get a K1 Visa for my girlfriend if Im a student? 6 Answers as of July 30, 2011

I have been living in China for the past three years and I am returning to the US for graduate school. I want to bring my Chinese girlfriend back with me through a K1 visa. However, since I will be a student, I will no longer have any income. Additionally, while working in China, my income was lower than the federal poverty minimum income for two people. I know it's possible to have someone else sponsor her, but unfortunately my Dad lost his job during the financial crisis and my parents have had a low income the past few years as well. How can I meet the requirements of the K1 visa based on this information? Will student loans suffice for the financial requirements? Are there any other alternative visa options to consider (such as getting her a student visa through a community college)?

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Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello, Yes, you can file for her K1 visa. If you cannot find a joint sponsor, you may qualify based on assets. Do you have any property or bank accounts. Do your parents? She may come as an F1 student(not engaged to a US citizen) if she gets admitted and processes at the Consulate. Then, she can stay as a student until you get a job. Then, you can marry in the US and file for her green card. Best of Luck.
Answer Applies to: California
Replied: 7/30/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
In order to sponsor a relative / fiancee into the US, you must prove having enough resources to prevent that person from becoming a public charge item. That's the purpose of the affidavit of support. The resources of your fiancee will help with that as well.
Answer Applies to: California
Replied: 7/30/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
Even assuming that the US Consulate would issue her a K-1 non-immigrant visa, she would be admitted solely to conclude a valid marriage with her US citizen fiance within of 90 days; and to file an Application for Adjustment of Status (Form I-485) requiring you (or a co-sponsor) to sponsor her via affidavit of support.
Answer Applies to: Florida
Replied: 7/29/2011
Law Office of Felipe A. Malo, P.A.
Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
You can obtain a K-1 (fiance visa) only if you are a United States Citizen. For K-1 visas you will need to complete form I-134 which is the economic affidavit. You can use the following to reach the requirements: salary, assets (house, car, stocks, bonds, etc.) If you do not qualify you need to find a joint sponsor. there is no way around this issue you can try an F-1 visa but again you will need to show she can pay the tuition and living expenses and these are anywhere between $15K to $30K / year of school.
Answer Applies to: Florida
Replied: 7/29/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Requirements for K visa are that you intend to get married within 90 days and you meet the financial standards. If not, you will need a co-sponsor. Student visa is issued to people who have the intention to go back to their country which is not the case with your girlfriend.
Answer Applies to: Nevada
Replied: 7/29/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Your student loan will not be considered your income. You will have to find another person to be your co-sponsor(relatives, close friends). If she wants to come under student visa, that is totally different game plan and she needs to get accepted by a school andprovide proofthat she has sufficient money to study in the US.
    Answer Applies to: California
    Replied: 7/29/2011
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