K-1? K-3? CR-1/IV? NEED HELP

[aktler 0]

Hello,

We have just started to look into all immigration process and still undecided with which visa to go with. Bottom line is we need start the process whether its K1/K3 or IV/CR. I am trying to figure out which one of them will be the fastest way to complete immigration and allow us to maintain at least 1 income. We don't want to start the process that will jeopardize our financial situation but at the same time we want to be together. So here is the issues we are facing right now, hopefully someone will be able to help us with advise.

I. My faience (USC) is currently working but it looks like he might loose his job by the end of the year. I am currently working in my country and not authorized to work in the US. We need one of us to work so we could maintain the bills in both places. If we apply for K1/K3 - it might take up to 12 months before I am able to work in the US (We are not sure if my faience can find a job right away after the end of the year. Then again he we will need to provide letter of Employment for my AOS by that time he might not have a job and cannot produce it. If we apply for IV-1/CR-1 now we can put the package toghter before he goes out of job and at the end of the process I will have full immigration status with EAD, GC, etc. I understand that this may also take 12 months or so but at least I will be able to work here (in my home country) while papers in process.

II. I have travelled to the US several times this year on B1/B2 visa. Could this be a problem when we submit for either K1/3 or IV/CR? Could it be looked at as an intention to immigrate? I always returned before the date indicated on my B2 visa and never overstayed.

III. We have 27 years of age difference, could it be looked at negatively?

IV. We have opened joint accounts in US last year could this be considered as an intention to immigrate?

V. We also have joint utility bills but I don’t live there permanently just come on visitor visa? Could this affect us?

VII. He was married twice before does he need to provided divorce decrees from both marriages or just the last one?

I am sorry if these questions have been already posted on other threads or if this is a wrong thread and I apologize if I might sound a bit paranoid but the more I read the more questions I have and getting more and more confused.

I really would appreciate all the help I can get

Edited August 9, 2011 by aktler

[canadian_wife 1,791]

First of all, look at

http://www.visajourney.com/content/compare

But note the K-3 is a obsolete visa. You are really looking to compre the CR-1 and the K-1

I No, you cannot provide the affidavit of support ahead of time. It must be current and up to date when it is requested. You cannot use a job that existed months ago for the support documents if that same income is not still being provided

II Many trips to the US can indicate intentions on immigrating. It certainly indicates a somoene special in the US. It will be up to you to prove you are not immigrating on each trip

III Possibly, but not likely. It depends on your country's history with age differences and cultural norms

IV Possibly, again it shows that there is someone you are comingling your life with. It is still up to you to prove that you are not immigrating with each trip. Although it will go well for your proof of relationship

V. See IV

VI He needs divorce decress from each marriage

Good luck

[aktler 0]

Thank you for the answers. I guess at this point I am more leaning towards the CR-1 but I of course will be doing more in-depth research on both options.

So, if we start the process and USC is unemployed at the time of AoS needs to be provided, hence unable to provide with Letter of Employment, W-2, payslips, what other forms of financial support (apart from second income like personal business)

( a )

could be considered as sufficient proof?

( b )

Could our savings accounts (providing that there is enough funds available at the time of documents review) be considered as sufficient and act as evidence to Affidavit of Support?

( c )

I've read on other post that employment is not an absolute requirement, is that correct?

( d )

Is 18K/yr still a minimum requirement?

( e )

Must it be the USC who has to provide proof of financial support or can my accounts statements also be part of the equation?

Also for travel purposes I currently hold a valid B2 visa but it will expire within 2 months.

( f )

Can I apply for another B2 visa while immigration papers in progress?

Thanks again!

[canadian_wife 1,791]

Read the instructions for the I864 to have all your questions answered about sufficient proof

Yes, you can apply for admittance under your B-2 and apply for another B2 while going through an IV process. However, keep in mind that nothing is a guarentee, not even entrance into the US

Good luck

[catracha85 6]

I will give you my humble opinion in letters C and F.

How could he support you and your son in the US if he is not employed? US want to make sure

That any beneficiary is not going to be a carry for the country. So yes, the peticionary

Most work, have had paid 3 years of taxes, earn over the poverty level (about 125%, not sure

About that). And if you dont qualify for that, then you should get a sponsor.

F- you can apply for a B-2 if you want during the K1/CR1 process. But most of the time, it is

Denied because you are under an immigration process. If you want to waste your money, then

Go ahead an try. Sometimes it is just a matter of good luck. You mentioned that your B2 is

Expiring with 2 months. Why don't you go to ask for it before it expires or before you decide

To go under any immigration process??

[aktler 0]

canadian_wife, catracha85,

Thank you both for replies and yes, we'll be going through and gathering all paperwork and see what we can provide for evidence and proof.

catracha85,

How could he support you and your son in the US if he is not employed?

There is no children. I will be the only one that he will need to be sponsor of.

I don't know how else he would be able to qualify if he doesn't a job by the time of IV, I guess I was hoping that my and his savings can be sort of a guarantee that I (alien) will not become a burden to US government.

As to

You mentioned that your B2 is Expiring with 2 months. Why don't you go to ask for it before it expires or before you decide

To go under any immigration process??

yes, I am planning a trip to the US before my current visa expires but I am a bit concerned about being admitted at the POE. Worried that I will set some kind of a red flag since I did make quite a few trips to the US this year already.

I was also thinking to apply for another B2 visa before getting involved in immigration process which would enable me to travel during IV under review but (1) as canadian_wife said even if B2 visa is granted to me it will not guarantee entrance to the US at POE anyways and that just means waste of money and time and (2) I read on other threads that USCIS doesn't look favorable at those that apply for B2 and after that for IV, it's seems that they consider it cheating the immigration system. Maybe someone has been through a situation like that and would be willing to share details.

[aktler 0]

Does anyone know what are the differences between Filing I-130 OUTSIDE and INSIDE the US?

[SJG 30]

I. Are you married longer than 2 yrs? If so, apply for an IR-1 (Immediate Relative) visa

Are you married less than 2 yrs? Then, apply for a CR-1 (Conditional Relative) visa

If the petitioner is your fiance, then go for a K-1 visa.

*K3 visa on the other hand is applied by spouses and is a non-immigrant type. It is processed faster than CR-1 but you need to apply both the CR-1 and K3 together. Granted that K3 is approved faster, you cannot work in the States once you land. You need to wait for your CR-1 visa to be approved. Permanent residency (which allows you to get a social security number and work) is only awarded to Immigrant Visa holders CR-1 and IR-1. [FYI: I applied for CR-1, got my visa in less than 6 months.)

II. Nope. UNLESS, you fail to prove that your intention to marry is only to migrate in the States.

III. Not really. You may be asked by the consul if you think that your age difference would be an issue but you just need to convince them that it wouldn't really affect your relationship in any way. so yeah, you know the drill.

IV. Affidavit of Support (AOS) Packet is for your petitioner to fill-out, not you. It's his W2 and Tax Returns that the NVC will review, not your joint accounts. However, your bank statements can be considered as "Proof of Relationship" which is also a req't you need to bring during your visa interview. (Please check my profile and the article I wrote about Arranging your documents for visa interview)

V. No, unless these are unpaid bills which of course hurt your petitioner's financial credibility.

VII. He needs to show proof that ALL his previous marriages have been legally dissolved.

[Ryan H 3,790]

*K3 visa on the other hand is applied by spouses and is a non-immigrant type. It is processed faster than CR-1 but you need to apply both the CR-1 and K3 together. Granted that K3 is approved faster,

When an I-129F is filed in conjunction with an I-130 for a K3, USCIS ties the two petitions together, they are typically approved at the same time and then sent to the NVC. If the the I-129F reaches the NVC at the same time or after the I-130, the I-129F is administratively closed.

you cannot work in the States once you land. You need to wait for your CR-1 visa to be approved. Permanent residency (which allows you to get a social security number and work) is only awarded to Immigrant Visa holders CR-1 and IR-1.

The statement "You need to wait for your CR-1 visa to be approved" is not correct, a K3 visa holder can file for Adjustment of Status in order to obtain a green card and for an Employment Authorization Document to be allowed to work while the AOS is pending. Keep in mind that you are talking in terms of weeks, perhaps months before an EAD is in hand.

[pushbrk 12,114]

I. Are you married longer than 2 yrs? If so, apply for an IR-1 (Immediate Relative) visa

Are you married less than 2 yrs? Then, apply for a CR-1 (Conditional Relative) visa

If the petitioner is your fiance, then go for a K-1 visa.

*K3 visa on the other hand is applied by spouses and is a non-immigrant type. It is processed faster than CR-1 but you need to apply both the CR-1 and K3 together. Granted that K3 is approved faster, you cannot work in the States once you land. You need to wait for your CR-1 visa to be approved. Permanent residency (which allows you to get a social security number and work) is only awarded to Immigrant Visa holders CR-1 and IR-1. [FYI: I applied for CR-1, got my visa in less than 6 months.)

II. Nope. UNLESS, you fail to prove that your intention to marry is only to migrate in the States.

III. Not really. You may be asked by the consul if you think that your age difference would be an issue but you just need to convince them that it wouldn't really affect your relationship in any way. so yeah, you know the drill.

IV. Affidavit of Support (AOS) Packet is for your petitioner to fill-out, not you. It's his W2 and Tax Returns that the NVC will review, not your joint accounts. However, your bank statements can be considered as "Proof of Relationship" which is also a req't you need to bring during your visa interview. (Please check my profile and the article I wrote about Arranging your documents for visa interview)

V. No, unless these are unpaid bills which of course hurt your petitioner's financial credibility.

VII. He needs to show proof that ALL his previous marriages have been legally dissolved.

Any reference to K3 visas even being currently available are far out of date and they haven't saved any meaningful time for several years.

When an I-129F is filed in conjunction with an I-130 for a K3, USCIS ties the two petitions together, they are typically approved at the same time and then sent to the NVC. If the the I-129F reaches the NVC at the same time or after the I-130, the I-129F is administratively closed.

The statement "You need to wait for your CR-1 visa to be approved" is not correct, a K3 visa holder can file for Adjustment of Status in order to obtain a green card and for an Employment Authorization Document to be allowed to work while the AOS is pending. Keep in mind that you are talking in terms of weeks, perhaps months before an EAD is in hand.

Frankly, there was really nothing of use in SJG's post at all other than some things already covered by others. I would simply disregard it entirely.

Does anyone know what are the differences between Filing I-130 OUTSIDE and INSIDE the US?

There is no practical difference. The same items are included and sent to the same address. If sending from abroad, it would be good to use the courier address instead of the PO box.

[pushbrk 12,114]

The OP asks about an age difference. Who is older, the man or woman? Which is the foreigner. Is the man younger and a Muslim? Also, 47 and 20 is not equal to 67 and 40, even though the difference is still 27. 44 and 17 is a BIG problem.

[Krikit 1,163]

Moving from IR-1/CR-1 Process to General Immigration Discussion.

[Krikit 1,163]

Moving from IR-1/CR-1 Process to General Immigration Discussion.

[aktler 0]

The OP asks about an age difference. Who is older, the man or woman? Which is the foreigner. Is the man younger and a Muslim? Also, 47 and 20 is not equal to 67 and 40, even though the difference is still 27. 44 and 17 is a BIG problem.

In our case it USC (male) who is older. The age spread is 59 and 32. So I think this should not raise a lot of eyebrows

[pushbrk 12,114]

In our case it USC (male) who is older. The age spread is 59 and 32. So I think this should not raise a lot of eyebrows

It's one factor but not as serious a red flag as some age differences. Think "totality of circumstances" and I do mean totality.