Jump to content
slk1995

Odd Circumstances: K1 or CR1? Need advice greatly.

 Share

31 posts in this topic

Recommended Posts

Filed: K-1 Visa Country:
Timeline

For K-1 the USCIS stage doesn’t want to see any financial information. The petition stage, which is what you the US citizen files is just to prove your relationship is bonafide and basically you are who you say you are and you are able to marry. Once the petition is approved is when you start gathering evidence for financial support, you have to show that you are at 100% poverty line. That is all. If you meet that, there is no need for a co-sponsor. And should you end up needing one, it can be anyone at all. It doesn’t have to be a family member, it just has to be a US citizen or a permanent resident. You literally do not need your family  for this process at all. They have no way of stopping anything you wanna do in this matter. Like, seriously. There is absolutely nothing they can do. You need to stand up for yourself and for your relationship. If the two of you really do love each and want to be together, go through the process and don’t worry about family. You’re an adult and you can literally gather all the documentation necessary without having to go through your parents. If they have your passport, file a police report and get a new one. If they have your tax returns, call the IRS and get second copies. Whatever it is that you need, you are the only person who can get it. It sucks not having the support of your family, but to be honest immediate family can be a hassle sometimes. Just stick to your guns. K1 is a faster process than CR1, that’s why we choose it because the long distance and the constant travels back and forth sucks. But CR1 may put a little less stress on you financial wise because he’d be able to work almost right away. But that takes a while. And remember that because of the current administration, USCIS is on overload of work and things are taking much longer than usual. So you have to take that into consideration too. We chose K1 because at least we’d be together sooner and the stress of a long distance relationship is awful on us, Even if we have to blow through our savings to live off until we can both work so be it. Such is life. 

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

you can use beneficary assests according to  affidavit of support 

 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

page 8 of 17 under these instructions for I 864 

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets. Item Number 10. Total Value of Assets. 

this is offical USCIS government site

 

 

Link to comment
Share on other sites

20 hours ago, RO_AH said:

Here is what USCIS Says:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

 

So I would think that he could bring all of his work and financial records himself to make the case that he will not become a public charge. Also note that most times they will not even ask for the I-134 (clearly states may  request), however you should still be prepared. Either way that is nothing to worry about until the interview stage.

yes, this is what the USCIS website "officially" states but in all my months here on VJ, I have yet to see a single case where the beneficiary's assets were considered. so do not count on this is my personal opinion.

Passport 17-Feb-22 Drop-off at USPS (expedited processing and shipping) ~ 22-Feb-22 Status: In Process ~ 08-Mar-22 Passport book shipped ~ 09-Mar-22 Status: Approved. Passport book in hand.

N-400     28-Jun-21 Filed online ~ 28-Jun-21 Received NOA + "Biometrics will be re-used" notice ~ 14-Dec-21 Interview scheduled ~ 25-Jan-22 Interview. Approved. Case status: Oath will be scheduled.  ~ 01-Feb-22 Oath scheduled. ~ 14-Feb-22 Oath ceremony.   

ROC        11-Jun-20 Application sent via FedEx ~ 16-Jun-20 Case received ~ 29-Jun-20 (Old) biometrics applied to case ~ 01-Jul-20 NOA ~ 23-Dec-21 Case transferred to new office ~ 25-Jan-22 Combo interview with N400. Case approved. 

AOS        13-Oct -17 Application sent via FedEx ~ 17-Oct-17 Case received ~ 24-Oct-17 Fingerprint fee received ~ 25-Oct-17 NOA1 ~ 17-Nov-17 Biometrics ~ 23-Nov-17 Status "We are scheduling
                 your 
interview" ~ 24-Jul-18 Status "We have scheduled your interview" ~ 28-Jul-18 Interview notice received in the mail  ~ 29-Aug-18 Interview 30-Aug-18 Status "Case was approved" 
                 
04-Sep-18 Received approval / welcome letter in the mail ~04-Sep-18 Status: "Card was mailed to me" ~07-Sep-18 Green card received

EAD/AP  13-Oct Application sent via FedEx ~ 17-Oct Case received ~ 25-Oct NOA1 ~ 17-Nov Biometrics ~ 09-Jan Approved ~ 13-Jan Notice received ~ 18-Jan Combo card received

K1 Visa   28-Jun-17 Case ready (No packet 3 received) ~ 22-Jul Medical ~ 02-Aug Interview (APPROVED!) ~ 03-Aug Visa issued ~ 08-Aug VOH ~ 14-Sep POE (Abu Dhabi) ~ 01-Oct-17 Got married! 

I-129F     17-Feb-17 Petition sent via FedEx ~ 21-Feb-17 Case received ~ 24-Feb-17 NOA1 ~ 30-May-17 NOA2 12-Jun-17 NVC received / Case and Invoice numbers assigned ~ 20-Jun-17 NVC left

 

Link to comment
Share on other sites

22 hours ago, Illiria said:

Can I present an alternative plan which will allow you to go see where he lives, see a bit of the world, develop your relationship, and gain experience and independence away from your parents - Australia and New Zealand have some excellent working holiday visas where you can go over and work and explore the country without you or your partner having to commit to living in a new country permanently. This way you can increase the amount of relationship evidence while avoiding having to be apart then closer to the time of your visa there running out say with 6 months left you can submit the application for petition and move back, get a job, and not need to rely on cosponsors. I have friends who have done this and loved it, really added to their resume as well.

OP - from what you wrote it seems that your your AUS fiance is more stable and is living comfortably than you at this stage (ie has the funds, i assume is not sharing a house, etc), your fiance has sons in AUS which I assume he would like to be around with while you don't really have the best relationship with your parents so if i were in your shoes i would definitely look at what illiria above is suggesting. instead of him moving to the US on a k1/cr1, why don't you do the moving yourself? this would give you some form of independence from your parents and it will be less stressful in terms of both your finances. i understand that you have school figured out but i am sure AUS has a lot of equally good schools and programs you can consider?

Edited by iamdegie

Passport 17-Feb-22 Drop-off at USPS (expedited processing and shipping) ~ 22-Feb-22 Status: In Process ~ 08-Mar-22 Passport book shipped ~ 09-Mar-22 Status: Approved. Passport book in hand.

N-400     28-Jun-21 Filed online ~ 28-Jun-21 Received NOA + "Biometrics will be re-used" notice ~ 14-Dec-21 Interview scheduled ~ 25-Jan-22 Interview. Approved. Case status: Oath will be scheduled.  ~ 01-Feb-22 Oath scheduled. ~ 14-Feb-22 Oath ceremony.   

ROC        11-Jun-20 Application sent via FedEx ~ 16-Jun-20 Case received ~ 29-Jun-20 (Old) biometrics applied to case ~ 01-Jul-20 NOA ~ 23-Dec-21 Case transferred to new office ~ 25-Jan-22 Combo interview with N400. Case approved. 

AOS        13-Oct -17 Application sent via FedEx ~ 17-Oct-17 Case received ~ 24-Oct-17 Fingerprint fee received ~ 25-Oct-17 NOA1 ~ 17-Nov-17 Biometrics ~ 23-Nov-17 Status "We are scheduling
                 your 
interview" ~ 24-Jul-18 Status "We have scheduled your interview" ~ 28-Jul-18 Interview notice received in the mail  ~ 29-Aug-18 Interview 30-Aug-18 Status "Case was approved" 
                 
04-Sep-18 Received approval / welcome letter in the mail ~04-Sep-18 Status: "Card was mailed to me" ~07-Sep-18 Green card received

EAD/AP  13-Oct Application sent via FedEx ~ 17-Oct Case received ~ 25-Oct NOA1 ~ 17-Nov Biometrics ~ 09-Jan Approved ~ 13-Jan Notice received ~ 18-Jan Combo card received

K1 Visa   28-Jun-17 Case ready (No packet 3 received) ~ 22-Jul Medical ~ 02-Aug Interview (APPROVED!) ~ 03-Aug Visa issued ~ 08-Aug VOH ~ 14-Sep POE (Abu Dhabi) ~ 01-Oct-17 Got married! 

I-129F     17-Feb-17 Petition sent via FedEx ~ 21-Feb-17 Case received ~ 24-Feb-17 NOA1 ~ 30-May-17 NOA2 12-Jun-17 NVC received / Case and Invoice numbers assigned ~ 20-Jun-17 NVC left

 

Link to comment
Share on other sites

50 minutes ago, TNJ17 said:

For K-1 the USCIS stage doesn’t want to see any financial information. The petition stage, which is what you the US citizen files is just to prove your relationship is bonafide and basically you are who you say you are and you are able to marry. Once the petition is approved is when you start gathering evidence for financial support, you have to show that you are at 100% poverty line. That is all. If you meet that, there is no need for a co-sponsor. And should you end up needing one, it can be anyone at all. It doesn’t have to be a family member, it just has to be a US citizen or a permanent resident. You literally do not need your family  for this process at all. They have no way of stopping anything you wanna do in this matter. Like, seriously. There is absolutely nothing they can do. You need to stand up for yourself and for your relationship. If the two of you really do love each and want to be together, go through the process and don’t worry about family. You’re an adult and you can literally gather all the documentation necessary without having to go through your parents. If they have your passport, file a police report and get a new one. If they have your tax returns, call the IRS and get second copies. Whatever it is that you need, you are the only person who can get it. It sucks not having the support of your family, but to be honest immediate family can be a hassle sometimes. Just stick to your guns. K1 is a faster process than CR1, that’s why we choose it because the long distance and the constant travels back and forth sucks. But CR1 may put a little less stress on you financial wise because he’d be able to work almost right away. But that takes a while. And remember that because of the current administration, USCIS is on overload of work and things are taking much longer than usual. So you have to take that into consideration too. We chose K1 because at least we’d be together sooner and the stress of a long distance relationship is awful on us, Even if we have to blow through our savings to live off until we can both work so be it. Such is life. 

Thanks! It all comes down to choosing if you want to resolve the distance first or the foreigner being able to work right away upon POE first, basically. 

Link to comment
Share on other sites

4 minutes ago, iamdegie said:

OP - from what you wrote it seems that your your AUS fiance is more stable and is living comfortably than you at this stage (ie has the funds, i assume is not sharing a house, etc), your fiance has sons in AUS which I assume he would like to be around with while you don't really have the best relationship with your parents so if i were in your shoes i would definitely look at what illiria above is suggesting. instead of him moving to the US on a k1/cr1, why don't you do the moving yourself? this would give you some form of independence from your parents and it will be less stressful in terms of both your finances. i understand that you have school figured out but i am sure AUS has a lot of equally good schools and programs you can consider?

I'm definitely not interested in moving countries. He has always wanted to come here, anyway. Technically yes, me going to him would be easier..but in this case, I'm far too uncomfortable making the sacrifice. Doesn't mean I don't love him. I'm just simply not interested/never was interested in leaving America. I simply will not obtain a work or student visa; I have nothing to technically offer in that way right now, even if I wanted to make the move myself. I'll easily move out of my parents in a few months and this time, stay out. 

15 minutes ago, iamdegie said:

yes, this is what the USCIS website "officially" states but in all my months here on VJ, I have yet to see a single case where the beneficiary's assets were considered. so do not count on this is my personal opinion.

Understandable. Definitely the co-sponsor and myself are the biggest parts of the financial requirements. 

Link to comment
Share on other sites

52 minutes ago, adil-rafa said:

you can use beneficary assests according to  affidavit of support 

 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

page 8 of 17 under these instructions for I 864 

Item Numbers 6. - 9. Assets of the Intending Immigrant. You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit. Add together Item Numbers 6. - 8. and enter the total number in Item Number 9. Form I-864A is not required to document the intending immigrant’s assets. Item Number 10. Total Value of Assets. 

this is offical USCIS government site

 

 

Thank you! 

Link to comment
Share on other sites

1 hour ago, iamdegie said:

yes, this is what the USCIS website "officially" states but in all my months here on VJ, I have yet to see a single case where the beneficiary's assets were considered. so do not count on this is my personal opinion.

London has permitted this a number of times. Other embassies/consulates.....not so much.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

the assets have to go under same rules as ours / so if they do not fit the criteria, then they are not acceptaed

biggest is they have to be easily liquidated 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country:
Timeline

Don’t forget that the I-864 is only for adjustment of status after the K1 immigrant lands, or for CR1. But if you choose to file K1, you will need the I-134 and they only require 100% poverty line. 

Link to comment
Share on other sites

2 hours ago, geowrian said:

London has permitted this a number of times. Other embassies/consulates.....not so much.

good to know that at least london has done this!

Passport 17-Feb-22 Drop-off at USPS (expedited processing and shipping) ~ 22-Feb-22 Status: In Process ~ 08-Mar-22 Passport book shipped ~ 09-Mar-22 Status: Approved. Passport book in hand.

N-400     28-Jun-21 Filed online ~ 28-Jun-21 Received NOA + "Biometrics will be re-used" notice ~ 14-Dec-21 Interview scheduled ~ 25-Jan-22 Interview. Approved. Case status: Oath will be scheduled.  ~ 01-Feb-22 Oath scheduled. ~ 14-Feb-22 Oath ceremony.   

ROC        11-Jun-20 Application sent via FedEx ~ 16-Jun-20 Case received ~ 29-Jun-20 (Old) biometrics applied to case ~ 01-Jul-20 NOA ~ 23-Dec-21 Case transferred to new office ~ 25-Jan-22 Combo interview with N400. Case approved. 

AOS        13-Oct -17 Application sent via FedEx ~ 17-Oct-17 Case received ~ 24-Oct-17 Fingerprint fee received ~ 25-Oct-17 NOA1 ~ 17-Nov-17 Biometrics ~ 23-Nov-17 Status "We are scheduling
                 your 
interview" ~ 24-Jul-18 Status "We have scheduled your interview" ~ 28-Jul-18 Interview notice received in the mail  ~ 29-Aug-18 Interview 30-Aug-18 Status "Case was approved" 
                 
04-Sep-18 Received approval / welcome letter in the mail ~04-Sep-18 Status: "Card was mailed to me" ~07-Sep-18 Green card received

EAD/AP  13-Oct Application sent via FedEx ~ 17-Oct Case received ~ 25-Oct NOA1 ~ 17-Nov Biometrics ~ 09-Jan Approved ~ 13-Jan Notice received ~ 18-Jan Combo card received

K1 Visa   28-Jun-17 Case ready (No packet 3 received) ~ 22-Jul Medical ~ 02-Aug Interview (APPROVED!) ~ 03-Aug Visa issued ~ 08-Aug VOH ~ 14-Sep POE (Abu Dhabi) ~ 01-Oct-17 Got married! 

I-129F     17-Feb-17 Petition sent via FedEx ~ 21-Feb-17 Case received ~ 24-Feb-17 NOA1 ~ 30-May-17 NOA2 12-Jun-17 NVC received / Case and Invoice numbers assigned ~ 20-Jun-17 NVC left

 

Link to comment
Share on other sites

19 hours ago, TNJ17 said:

Don’t forget that the I-864 is only for adjustment of status after the K1 immigrant lands, or for CR1. But if you choose to file K1, you will need the I-134 and they only require 100% poverty line. 

Ahh, I see. Thanks for the reference. 

Link to comment
Share on other sites

20 hours ago, adil-rafa said:

the assets have to go under same rules as ours / so if they do not fit the criteria, then they are not acceptaed

biggest is they have to be easily liquidated 

 

Thanks! 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

I self sponsored, do not think that is available down under.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

  • 1 month later...
Filed: AOS (pnd) Country: Australia
Timeline

Hey girl!

 

Im in a similar situation to you in trying to decide which route to take!

Im the Aussie and my fiancé is the American and we're trying to decide if K1 is best or marrying and then applykng for the CR1.

As a lot of other people have mentioned in your thread your fiancé going over on the VWP and then marrying you and applying for adjustment of status is super risky and I read so many threads about this online about people getting rejected due to visa fraud so I'd probably steer away from that one! 

 

Is your biggest concern about applying for the K1 the fact that you need a sponsor? 

K1 appears to be a faster processing time which is was has me leaning towards that for myself however then when the fiancé arrives they can't work for sometimes up to 6 months so that leaves either the person needing a tone of savings or someone who can support them financially.

 

However the Cr1 looks like it has a processing time of in excess of 12 months so that's another year apart.

Im so torn too! Let me know what your thoughts are or if you have any advice or suggestions!!

 

Happy New Year!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...