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OhNoRobo

Changing to a K3 from CR1?

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

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?

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Filed: Timeline

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 by grrrrreat

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: IR-1/CR-1 Visa Country: Japan
Timeline

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?

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Filed: Timeline

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!

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Filed: Lift. Cond. (apr) Country: China
Timeline

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.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: Timeline

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.

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