A few questions about CR1

tori92 · July 31, 2012

My petitioner (US husband to be) hasn't worked this year unfortuantely and we are planning on applying for CR1 in May 2013 when he gets his job. Say in 3-12 months after we file the petition we have the interview and he has been working all that time but not the previous tax year, will this be sufficient? Or would he have to work 12months and file CR1 in May 2014?

Second question, I know it's extremely difficult to guess... But an Australian citizen wanting to move to the US - How long would this process usually take?

Third and final question - Could I possibly still visit my Husband while we wait for CR1 to process? I know that they get a little worried you may not return but I plan on a return ticket, and leaving my two young children at home with my Mother when I visit. < This to ME sounds like a good enough reason as to why I need to return to my home country, but will it convince them?

Sorry for all the questions, I am just really stressed

amykathleen2005 · July 31, 2012

The current income is what counts. So what he makes now times one year of paychecks would be his annual income, even if he hasn't made that money yet.

You will probably have a 9 or 10 months wait to process everyone.

You are welcome to visit during the process, although not guarantees of being let in. Bring proof of your home, your kids at home, your job, etc. when you visit.

KLS2010 · July 31, 2012

Ok ... firstly... are you married yet or not? I'm just checking because initially you say husband-to-be, then later on mention husband. If you are not yet married (and won't be before you file) then you will need to file a 129-F for a K1 visa. If you are already married (or will be before you file) then you need to file a I-130 for a CR-1 visa. Just clearing that up first.

Whether you are doing a K1 or a CR-1 may make my answers different.

Is there any other reason why you are delaying filing, other than because your partner doesn't have a job right now? Is there anyone that may be able to co-sponsor you (ie one of his family members or friends - has to be a USC I believe)?

Regarding timeline, my CR-1 took about 9mths, but we had a couple of small delays, so we really should have been done in about 8mths if all had gone smoothly. You are looking at anywhere up to 6mths to get the intial approval from USCIS, then you are looking at a couple of months to go through the NVC and to have your interview. K1 in most cases is slightly quicker - still looking at up to 6mths to get the initial approval, but your case doesn't spend as long at the NVC. So CR-1 - looking at around 8mths give or take, K1 looking at around 6-7mths give or take.

Lastly, there is no problem with visiting while your case is processing. Of course, CBP always have the right to deny you entry (even if you have a valid visa), but the chances of them denying an Australian isn't very high. If you have proof of ties to Australia (letter from employer stating date you need to return to work, lease/mortgage, car payments, etc), then bring them just in case. Also, maybe have your mother write a letter to say she is looking after your children while you are visiting, and that she is expecting you back on a certain date.

tori92 · July 31, 2012

Ok ... firstly... are you married yet or not? I'm just checking because initially you say husband-to-be, then later on mention husband. If you are not yet married (and won't be before you file) then you will need to file a 129-F for a K1 visa. If you are already married (or will be before you file) then you need to file a I-130 for a CR-1 visa. Just clearing that up first.

Whether you are doing a K1 or a CR-1 may make my answers different.

Is there any other reason why you are delaying filing, other than because your partner doesn't have a job right now? Is there anyone that may be able to co-sponsor you (ie one of his family members or friends - has to be a USC I believe)?

Regarding timeline, my CR-1 took about 9mths, but we had a couple of small delays, so we really should have been done in about 8mths if all had gone smoothly. You are looking at anywhere up to 6mths to get the intial approval from USCIS, then you are looking at a couple of months to go through the NVC and to have your interview. K1 in most cases is slightly quicker - still looking at up to 6mths to get the initial approval, but your case doesn't spend as long at the NVC. So CR-1 - looking at around 8mths give or take, K1 looking at around 6-7mths give or take.

Lastly, there is no problem with visiting while your case is processing. Of course, CBP always have the right to deny you entry (even if you have a valid visa), but the chances of them denying an Australian isn't very high. If you have proof of ties to Australia (letter from employer stating date you need to return to work, lease/mortgage, car payments, etc), then bring them just in case. Also, maybe have your mother write a letter to say she is looking after your children while you are visiting, and that she is expecting you back on a certain date.

We aren't yet married but will be in October. I am going over there on a tourist visa with the intention on returning and filing CR1. This is where it gets a little messy.. we are delaying it because he's kind of in prison right now >< Please don't judge... I've known him for quite a while so I know what I am getting myself into. He gets out in April and has a job lined up already for May which is why I thought, file the CR1 petition when he has a job. So, I have a course that I am doing in Australia (correspondence but must be completed in Aus), my two children whom Mum will be watching and besides that, I have a car (but no repayments) but also a loan.. that may work? But my mum will for sure send a letter confirming that I will be returning. I hope this works ><

KLS2010 · July 31, 2012

We aren't yet married but will be in October. I am going over there on a tourist visa with the intention on returning and filing CR1. This is where it gets a little messy.. we are delaying it because he's kind of in prison right now >< Please don't judge... I've known him for quite a while so I know what I am getting myself into. He gets out in April and has a job lined up already for May which is why I thought, file the CR1 petition when he has a job. So, I have a course that I am doing in Australia (correspondence but must be completed in Aus), my two children whom Mum will be watching and besides that, I have a car (but no repayments) but also a loan.. that may work? But my mum will for sure send a letter confirming that I will be returning. I hope this works ><

No judgement from me ok

Make sure the job he has waiting for him will be one where he will earn over 125% of the poverty line for the household, otherwise you will be denied (unless you can get a co-sponsor to help out). Will the children be moving too? If so, then they need to be included in the household count.

Take whatever you have that you think will help. Honestly, you probably won't even need it.