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Mario, born and raised in the U.S., married his high school sweetheart, but over time, they realized they were not a match for each other anymore. They both agreed to part ways and proceeded with filing for a divorce. After his divorce, Mario moved to Brazil to puruse a career in private equiy. Just seven months into his move, he met Bruna at the same private quity firm where they both worked, sparking the beginning of their relationship.
Just seven months after relocating. Mario met Bruna at the private equity firm where they both worked. Their shared professional interests and passion for hiking blossomed into a relationship. As their relationship deepended, they felt ready for the next step in their relationship.
Mario knew that he wanted to marry Bruna in the U.S., but also wanted to take his time planning their wedding. The only hurdle was the logistics. Mario continued his routine of monthly trips to the U.S., but his weekend visits soon became less frequent as he was spending more and more time with Bruna in Brazil. What makes Mario’s story even more interesting is that, Mario started the K-1 visa process himself. This is what we like to call the DIY K-1 Visa. This is when clients start the immigration process on their own, but then come to a law firm to review or finish the rest of the immigration petition.
Eventually, after submitting the intitial I-129F petitioon, Mario was stuck. He had completed the first stage of the process but was unsure of what steps to take next.
That’s when he reached out to our office for help. We reviewed his case and discovered that Mario had only completed the first stage of the fiance visa process. At this point, the next step was for the National Visa Center (NVC) to process the petition, which would eventually lead to the issuance of a K-1 visa to Bruna. However, there was a slight problem with Mario’s income.
Mario’s income was earned overseas, and it wasn’t fully tax deductible in the U.S., which created an issue in meeting the financial requirements for the affidavit of support. Mario’s primary challenge was that, although he made more than enough money to meet the poverty guidelines set by USCIS, his income was earned outside the U.S. This meant that when filing his U.S. taxes, his reported income appeared lower than it actually was. Many people in similar situations mistakenly believe this disqualifies them from sponsoring their fiance. However, this is not true!
This is why it’s important to consult with an Immigration attorney, and why Mario approached VisaNation to help with his case. This is something that we are very familiar with. We explained that we would need to provide additional documentation to prove his ability to support Bruna without public assistance. The income from his overseas job, though not fully taxable in the U.S., could still be taken into account. We started pulling together extra documents to support that Mario could financially support his fiance.
After submitting the necessary docuements, we filed the I-485 form for Adjustment of Status. Just seven months later, Bruna’s green card was approved!
Navigating the fiance visa and immigration process can be complicated, especially when there are unique challenges like Martio’s. At VisaNation, we specialized in helping individuals like Mario and Bruna successfully navigate these processes. Yes, anyone can submit these forms to USCIS, but the reality is submitting error free forms to increase your chances of an approval. If you starting your own DIY K-1 Visa, please have a legal expert review your forms. Whether it’s understanding financial requirements, providing expert advice on sponsorships, or guiding you through the entire visa application process, we are here to help make your journey as smooth as possible. Reach out to our team today!
