Changing to a K3 from CR1?

[OhNoRobo 0]

My joint-sponsor is backing out and we have already received NOA2 and are in the process of putting together our required documents. As we are both abroad, I don't think I qualify to solely support him when we move back to the states, so I am wondering if it is possible to change our application to a K3 where I am told this requirement doesn't exist.

My other thought was to borrow enough from family member to meet the requirement for financial holdings... is this possible?

[grrrrreat 109]

My joint-sponsor is backing out and we have already received NOA2 and are in the process of putting together our required documents. As we are both abroad, I don't think I qualify to solely support him when we move back to the states, so I am wondering if it is possible to change our application to a K3 where I am told this requirement doesn't exist.

My other thought was to borrow enough from family member to meet the requirement for financial holdings... is this possible?

Actually, you do have to be able to support an intending immigrant using a K-3 too. Most consulates require a separate I-134 Affidavit of Support for K-3s, although some require I-864, the same affidavit as for CR-1s. You can qualify as a sponsor if you are intending to reestablish domicile in the U.S. when you accompany him back and have arranged for a means of support. Do you have a job that you're coming back to, that you could prove? Or could you keep the same job you have abroad and do it from the U.S.? Perhaps you could start looking for jobs, places to stay, etc., so that you can prove domicile.

In any case, if he did make it on a K-3, you would still have to file an I-864 for him to adjust status to LPR, which you will have to do eventually. It's likely better to put the process on hold a bit and figure your AOS situation out than changing to K-3.

You can't borrow money to meet the asset requirements. Your family member could "give" it to you, but they are likely to be suspicious if you suddenly got a huge deposit right before the AOS was filed. In any case, if your family member is willing to give you money, why aren't they willing to sponsor?

Edited April 18, 2012 by grrrrreat

[Ryan H 3,791]

I am wondering if it is possible to change our application to a K3

No, since the I-130 has been approved by USCIS, it is no longer possible to file the I-129F to start the K3 process (even if it were, your I-130 will be at the NVC soon which means the K3 would go nowhere, see below). Furthermore, if you had started the K3 process by filing an I-129F after the I-130, USCIS would have tied the two petitions together and made an adjudication decision on them at the same time. They likely would have ended up at the NVC at the same time and per NVC policy, the I-129F would have been administratively closed because an approved I-130 is on station at the NVC.

[OhNoRobo 0]

I don't have a job to come back to at the moment - my current contract in Japan is up at the beginning of August. I have been looking for jobs and have a place to stay when I return, but nothing is sure. I'm under the impression that if I don't have a job prior to or upon return to the US, I can't be a sole sponsor for someone on either the K3 or CR1, correct?

[grrrrreat 109]

I don't have a job to come back to at the moment - my current contract in Japan is up at the beginning of August. I have been looking for jobs and have a place to stay when I return, but nothing is sure. I'm under the impression that if I don't have a job prior to or upon return to the US, I can't be a sole sponsor for someone on either the K3 or CR1, correct?

Right!

[Ryan H 3,791]

I'm under the impression that if I don't have a job prior to or upon return to the US, I can't be a sole sponsor for someone on either the K3 or CR1, correct?

The section of your post I placed in bold is not necessarily correct, you can qualify to be a sole sponsor on assets alone provided said assets are sufficient. The I-864 instructions detail how assets can be used.

[OhNoRobo 0]

I'm starting to worry. If I can't provide the necessary support and the only people who I know are able to co-sponsor are not going to do it, what can I do?

[grrrrreat 109]

I'm starting to worry. If I can't provide the necessary support and the only people who I know are able to co-sponsor are not going to do it, what can I do?

Try to move back to the U.S. in advance of him and get a job with sufficient income? NVC will hang onto your approved I-130 for awhile, so you can file I-864 when you are able.

[OhNoRobo 0]

OK. Thanks for the information! I'm either going to have to get really convincing, or really crafty...