Partially through the K-1 visa. How to move to the CR1?

[acoleman1992 3]

Hi all,

I am currently a K-1 filer, but I'm looking for some guidance on how to restart the process as a CR-1 filer. My fiance and I started the K-1 process in September 2014. We were getting all the documents for packet 3 ready prior to the medical and interview about a week ago and discovered through a fellow VJ filer that the US Embassy in Trinidad and Tobago does not accept a joint sponsor for the K-1 visa. Unfortunately, this is not listed on their website or in the forum that I could find so it is looking like we'll have to start the process all over again. I am a full-time graduate student so we would need a joint sponsor.

The interview hasn't been scheduled yet. My fiance and I have been talking and the spouse visa seems like the best way to move forward. I just have a couple questions.

1) Have any of you guys switched over from the K-1 visa to the CR1?

2) Would it look suspicious if we cancel the K-1 visa, get married in August as originally planned and then apply right away (he'd go back home of course)?

Sorry if I'm repeating questions!

Thanks,

Ayanna

[j&ana 363]

I do not know about the Tobago and Trinidad embassy. but if you are just waiting on the interview you should at least do the interview before you change to the cr-1 visa. Has more then one person told you that the embassy will not accept a joint sponsor? Have you done more research yourself? I am sure you have already waited a long time do you really want to start over with out at least trying to get the K-1 visa approve?

Edited May 26, 2015 by j&ana

[acoleman1992 3]

I do not know about the Tobago and Trinidad embassy. but if you are just waiting on the interview you should at least do the interview before you change to the cr-1 visa. Has more then one person told you that the embassy will not accept a joint sponsor. I am sure you have already waited a long time do you really want to start over with out at least trying to get the K-1 visa approve?

Sorry. I should've mentioned that I've emailed the Trinidad and Tobago embassy as well and they have confirmed that they do not accept a joint sponsor for the K-1 visa. They told me that they do for the CR1, but not for the K-1. My fiance could continue with the interview, but I do not make enough from income alone. If you add in my savings to my income I'm at the poverty line, but on income alone I'm pretty short of the number I need to be at.

[hanniel 41]

Sorry. I should've mentioned that I've emailed the Trinidad and Tobago embassy as well and they have confirmed that they do not accept a joint sponsor for the K-1 visa. They told me that they do for the CR1, but not for the K-1. My fiance could continue with the interview, but I do not make enough from income alone. If you add in my savings to my income I'm at the poverty line, but on income alone I'm pretty short of the number I need to be at.

could you get a part time job ASAP? starting over without even seeing what the embassy says is not a good idea. sometimes they don't even look to closely at this info.

[NigeriaorBust 4,087]

They calculate it on income plus assets. There is no switching, you cancel one visa and get back at the end of the line for the second one. SO you would be looking at another year to be together. You should really dig hard to make the K1 work.

[acoleman1992 3]

I do have a part time job however my program is very intensive. I am in a required unpaid internship from 9-5 pm and in class from 6-9 pm so I work 10 hours or less a week if I can. So if with income and savings I am at the poverty line, should we continue on through the process? I was not 100% sure if they accept savings as part of the overall requirement for the poverty line. I know some embassy's do and others don't. I understand that if we choose not to we'd have to start all over again. We are prepared to do that if needed. Thanks for the help everyone! I really appreciate it.

Edited May 26, 2015 by acoleman1992

[hanniel 41]

I do have a part time job however my program is very intensive. I am in a required unpaid internship from 9-5 pm and in class from 6-9 pm so I work 10 hours or less a week if I can. So if with income and savings I am at the poverty line, should we continue on through the process? I was not 100% sure if they accept savings as part of the overall requirement for the poverty line. I know some embassy's do and others don't. I understand that if we choose not to we'd have to start all over again. We are prepared to do that if needed. Thanks for the help everyone! I really appreciate it.

get a night job. if it matters to you to bring your fiance over here you need to do whatever is possible. 10 hours a week doesn't cut it. I would hate for you to wait again for a year and a half.

Edited May 26, 2015 by hanniel

[acoleman1992 3]

get a night job. if it matters to you to bring your fiance over here you need to do whatever is possible. 10 hours a week doesn't cut it. I would hate for you to wait again for a year and a half.

Thanks for your response. Yes I'm devastated by this whole situation and I would HATE to wait another year. My graduate program is a very intensive program in the medical field. Working a night job would be very taxing on me mentally and physically as we are expected to learn a lot outside of the classroom in readings and homework. I'm not trying to make excuses, but I'm looking at things from a standpoint of if I don't pass a class (B or higher), I am kicked out of the program.

Just a follow up question. Are assets and income added together to meet the requirement for the poverty line or just income alone?

[j&ana 363]

I still think you should try and finish the K-1 visa. If you had just started the process then yes I will say it might be best to change. But to go this far and not see it all the way through is not good. It might be hard and maybe you will not get approve. you could always do the cr-1 visa then, but do you want to wonder while you are waiting on the cr-1 visa, what would of happen if you would of went thru with the k-1 visa

I do not think it will matter much time wise if you wait a little longer

Edited May 26, 2015 by j&ana

[j&ana 363]

again I do not know anything about your embassy but most will let you add assets with income. of course the assets do not count much I forget how much. It is either 3x or 5x without looking it up I could not tell you for sure what it is

Edited May 26, 2015 by j&ana

[hanniel 41]

Thanks for your response. Yes I'm devastated by this whole situation and I would HATE to wait another year. My graduate program is a very intensive program in the medical field. Working a night job would be very taxing on me mentally and physically as we are expected to learn a lot outside of the classroom in readings and homework. I'm not trying to make excuses, but I'm looking at things from a standpoint of if I don't pass a class (B or higher), I am kicked out of the program.

Just a follow up question. Are assets and income added together to meet the requirement for the poverty line or just income alone?

at the end of the day, the decision is at the discretion of the officer. One could understand that a medstudent would have a difficult time working in the situation you are in. If you receive financial aid, that could be another positive factor that they could consider. Have your fiance go and see what happens.

[pushbrk 12,092]

I do not make enough from income alone. If you add in my savings to my income I'm at the poverty line, but on income alone I'm pretty short of the number I need to be at.

You don't add savings to income. You add 1/3 of your savings to your income, and see if you are at or above 125% of the poverty line.

It takes $3 in liquid assets to make up for $1 in income shortfall. With that formula, if you don't meet the 125% of poverty guideline for 2015, then you have no choice but to, at some point, marry and file the I-130. Withdraw the I-129F before or concurrent with your I-130 filing.

[acoleman1992 3]

Thanks everyone for your responses! They've been helpful.