Affidavit of Support Help & CR1 vs K3 question tied to support

[shawny 0]

Hi,

I hope someone here can help because I feel hopeless during this process because neither me or my husband fit in the box / mold so we have had a hard time deciding between US or Canada. We have now chosen the US and we want to get going. I have been reading and learning since last year but I find myself in fear and then put it off.

Our situation is as follows:

I am on disability and unable to meet the income requirements at this time. This is not permanent but for now. I am very confused because of reading the information I keep running into this part of the Affidavit of Support that says this.....

When NOT to Submit an Affidavit of Support

The following types of people do not need to file an affidavit of support:

* An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States

* An individual who has an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a Self-Petitioning Widow or Widower

* An individual who has an approved Form I-360 as a battered spouse or child

* Orphans adopted by U.S. citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during the adoption

I do have over 40 qualifying quarters of work in the US but the past 10 have been on disability. It won't be much longer till I can get back to creating an income but in the meantime I don't qualify and asking my dad is not something I am comfortable with in being a co-sponsor nor is my husband.

The other important piece here is he will be keeping his job in Canada and commuting and makes a really great wage at his current job. So not sure they will take that into consideration.

THe other question that leads me to is that according to what I read if we applied for the k3 visa we wouldn't need to submit the affidavit of support till we adjust status much later in the process than if we went the cr1 route. So if we applied for the K3 visa would I have over a year to find work and get that going and then adjust status?

If we went the cr1 route he is not going to be given permanent residence anyways till we have been married 2 years and won't be needing a green card since he will keep his job in Canada for a bit.

But does any of this matter because of the first thing I shared about not having to file an affidavit of support. Am I misreading something? Here is the full page where I got that info so it's not taken out of context. Affidavit of support

Thanks so much for your help. I have been in tears for years now and just want something to flow and make magical for us. 2 years of crossing borders is taking it's toll but we must do it all the right way as there are children involved where we will still need to cross borders for visitation.

Appreciate you listening!!!

[Malrothien 6]

THe other question that leads me to is that according to what I read if we applied for the k3 visa we wouldn't need to submit the affidavit of support till we adjust status much later in the process than if we went the cr1 route. So if we applied for the K3 visa would I have over a year to find work and get that going and then adjust status?

If we went the cr1 route he is not going to be given permanent residence anyways till we have been married 2 years and won't be needing a green card since he will keep his job in Canada for a bit.

You will most likely have to bring an I-134 or an I-864 to show that you can support your husband prior to filing for Adjustment of Status given the economy today.

I am not sure what you mean by he won't be given permanent residence until you've been married for two years? That is not correct. The CR1 visa is a conditional residence immigrant visa that ends up with a 2-year conditional green card, in which you will have to remove conditions (basically staying married for 2 years), and then you will receive the 10 year green card.

As far as filing the Affidavit - the section you are listing I believe relates to the immigrant, not the sponsor.

Edited January 7, 2010 by Malrothien

[Anh map 2,098]

Mal is correct, the passage you cited is referring to the immigrant, not the sponsor.

[shawny 0]

You will most likely have to bring an I-134 or an I-864 to show that you can support your husband prior to filing for Adjustment of Status given the economy today.

I am not sure what you mean by he won't be given permanent residence until you've been married for two years? That is not correct. The CR1 visa is a conditional residence immigrant visa that ends up with a 2-year conditional green card, in which you will have to remove conditions (basically staying married for 2 years), and then you will receive the 10 year green card.

As far as filing the Affidavit - the section you are listing I believe relates to the immigrant, not the sponsor.

Thank you... yes that is what I meant that the CR1 is a conditional residence and will need to remove conditions anyways but the staying married is no problem. So for me there really is no rush for the CR1 if the k3 would allow me more time to get going but since you mentioned having to show the I-134 prior to the adjustment of status that won't work.

I guess the only route to go then would be CR1 and hope within 5 months or whenever it is approved that I am able to provide enough. Sometimes I just want to scream at the whole system and just live in a world where we are free to be and live where we want and with whom we want. We are both responsible adults and I have paid my dues in work and how I got sick in the first place.

I just don't feel that placing a huge burdon on my family is the right thing to do. I wouldn't want to ask anyone to co-sponsor because I was raised to be independent and never even co-sign on a loan for anyone so to ask someone to take on this responsibility doesn't feel right.

Thanks so much for your help!!!

I had 2 people tell me that they know of someone on disability and they were able to sponsor family. The one was an asian family and he made less on disability than I do so not sure how he did it because he didn't have a lot of assets either.

Ok sorry to ramble...

Thanks so much for your help!!!

[shawny 0]

Mal is correct, the passage you cited is referring to the immigrant, not the sponsor.

Thank you too!!! I need some ANGELS!!!

[Malrothien 6]

I can't comment on the disability thing, because I don't know.

As far as the co-sponsoring thing, it's not the same as co-signing a loan. I, too, am very independent, but I had to have a co-sponsor. Does your husband intend on becoming a US citizen? The affidavit would only be in effect until he became a US citizen if that was his plan - which can be applied for in 3 years.

[shawny 0]

I can't comment on the disability thing, because I don't know.

As far as the co-sponsoring thing, it's not the same as co-signing a loan. I, too, am very independent, but I had to have a co-sponsor. Does your husband intend on becoming a US citizen? The affidavit would only be in effect until he became a US citizen if that was his plan - which can be applied for in 3 years.

I totally understand. Yes we plan on getting his citizenship but he wants dual because he wants to be able to live in Canada again some day. His children are there with his ex too so we may agree to move there one day too.

THank you for clarifying the co-sponsor. Are the co-sponsor's only responsible if the immigrant uses public assistance of some type? This would not happen as we are both wanting to own our own businesses in the near future and creating some amazing things but I don't want the co-sponsor to feel limited or responsible. If anything happened to him he would just go home to Canada before he would allow any of my family to take care of him. He is just that way. So they aren't financially responsible for any debt or things like that right? Like if he was to get in a car accident and be hospitalized or have some major cancer or something and wasn't able to pay the hospital bill right then they can't go after the co-sponsor right? I am not anticipating any of this but that would be my first thought if someone asked me to co-sponsor. LOL I would be thinking of every possible scenario to see what I would be liable for.

So if you can help relieve me of that worry I may have a guy friend who is single and a teacher and makes over $50,000 a year willing. He mentioned he needed to know more though.

I just feel that my dad would not want me seeing his tax returns and his assets and all that is private to him. To ask him to bare all of that for me would be too much for me to ask.

Thanks again!!! sooooooooooooooooo much!!!

[Malrothien 6]

Nope, they are only liable for using public services - medicare and things of that nature. They are not liable for anything related to debt/loans.

My grandmother, who was our co-sponsor, was very worried about it because she had to pay the hospital bills for my grandfather - over $100,000. But I reassured her it would only be if we used medicare.

[Malrothien 6]

Here's the listing of what is considered to be public benefits:

http://travel.state.gov/visa/immigrants/in...s_Tested_Public

[christeen 966]

I totally understand. Yes we plan on getting his citizenship but he wants dual because he wants to be able to live in Canada again some day. His children are there with his ex too so we may agree to move there one day too.

THank you for clarifying the co-sponsor. Are the co-sponsor's only responsible if the immigrant uses public assistance of some type? This would not happen as we are both wanting to own our own businesses in the near future and creating some amazing things but I don't want the co-sponsor to feel limited or responsible. If anything happened to him he would just go home to Canada before he would allow any of my family to take care of him. He is just that way. So they aren't financially responsible for any debt or things like that right? Like if he was to get in a car accident and be hospitalized or have some major cancer or something and wasn't able to pay the hospital bill right then they can't go after the co-sponsor right? I am not anticipating any of this but that would be my first thought if someone asked me to co-sponsor. LOL I would be thinking of every possible scenario to see what I would be liable for.

So if you can help relieve me of that worry I may have a guy friend who is single and a teacher and makes over $50,000 a year willing. He mentioned he needed to know more though.

I just feel that my dad would not want me seeing his tax returns and his assets and all that is private to him. To ask him to bare all of that for me would be too much for me to ask.

Thanks again!!! sooooooooooooooooo much!!!

You can have your father get his tax transcripts, that way he does not have to show you ANY of his assets or other info... You can order the tax transcripts for free... And definetly go CR1 as they process the same as the K3 in Canada (which is a very long wait anyway because of their personnel issues... 9+ months)