Legal Question in Immigration Law in Utah

I have been living in China for the past three years andI 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)?


Asked on 7/28/11, 10:44 am

1 Answer from Attorneys
Jared S. Lawrence Jared Lawrence PC

I assume you are a U.S. Citizen. Student loans will not suffice for income. Ownership of property can work too. For example, if your dad has sufficient equity in his home. Note that for property to count, it needs to be 5 times the value of what actual income would be. Try finding another sponsor if necessary.

If she is able to get an alternative visa, such as a student visa, it will work somewhat. However, if Immigration knows she is planning to marry you, she will have a harder time getting a student visa because they will tell you to do the K-1. Make sure that her intent at the time of leaving matches the visa she obtains. If she gets a student visa, then her intent should be to come and study. That may change after attending a semester or two, but the intent should be she came as a student if she gets a student visa.

Read more
Answered on 8/03/11, 2:10 pm


Related Questions & Answers

More Immigration Law questions and answers in Utah