Preparing to apply for CR1 Visa

[lloydboybebop 0]

My wife and I just got married in the Philippines on April 20th. I am currently in the process of preparing to apply for a CR1 visa. I just have a few questions...of course.

1 - I am currently a graduate student with no income. My mother has agreed to co-sponsor and we will fill out an I-864A. I am concerned that even though my co-sponsor meets the income requirements, the fact that I have zero income will effect our chances. Does anyone have any first-hand knowledge of someone being approved or denied with similar circumstances?

2 - In January of 2011, my wife received and used a K1 visa that her ex had applied for. She came to the United States and obviously things did not work out. She ended up staying with a mutual friend for the majority of her stay. This is how we met. Her sponsor refused to pay for her plane ticket back to the Philippines. She managed to return, but she left two days past the expiration of her 90-day visa. How will the fact that she previously had a visa, we met while she was here on that visa and she overstayed her previous visa by two days effect our chances of being approved for the CR1 visa?

I thank you in advance for any help that you can offer.

[Natsukiii 35]

I have no idea how to answers your questions unfortunately. Best of luck on your visa journey though!

[ppihtr123 68]

1 is no big deal. Happens a lot.

2. Everything was cool until that overstay. Overstays are usually forgiven for spouses but all of those cases I have read about are still in the US.

Edited May 3, 2013 by ppihtr123

[Ryan H 3,855]

My wife and I just got married in the Philippines on April 20th. I am currently in the process of preparing to apply for a CR1 visa. I just have a few questions...of course.

1 - I am currently a graduate student with no income. My mother has agreed to co-sponsor and we will fill out an I-864A. I am concerned that even though my co-sponsor meets the income requirements, the fact that I have zero income will effect our chances. Does anyone have any first-hand knowledge of someone being approved or denied with similar circumstances?

2 - In January of 2011, my wife received and used a K1 visa that her ex had applied for. She came to the United States and obviously things did not work out. She ended up staying with a mutual friend for the majority of her stay. This is how we met. Her sponsor refused to pay for her plane ticket back to the Philippines. She managed to return, but she left two days past the expiration of her 90-day visa. How will the fact that she previously had a visa, we met while she was here on that visa and she overstayed her previous visa by two days effect our chances of being approved for the CR1 visa?

I thank you in advance for any help that you can offer.

For starters, you will not be applying for a CR-1 visa, your wife will do that. What you are preparing to do is file a petition that will allow her to apply for the visa.

Answers

1. Your mother has agreed to be a joint sponsor and she will need to complete an I-864, not an I-864A (you will also complete an I-864). Others are better suited to answer the other part of this question.

2. An overstay of two days does not an incur a ban, so that in of itself is a non-issue. However, she should be prepared to answer any question surrounding it (i.e. explain the circumstances). Others are better suited to answer the other portions of this question.

Edited May 4, 2013 by Ryan H

[lloydboybebop 0]

For starters, if you are going to correct me you should at least be right. Although my wife is the one applying for the visa, I am heavily involved in the preparation of the applying; which is what I said. Also, since my mother lives with me, she will, as I said, fill out an i864a. It would seem that others are better suited at providing correct information. I must disregard the rest of your post as I cannot trust your 'information'.

[NikLR 13,232]

For starters, if you are going to correct me you should at least be right. Although my wife is the one applying for the visa, I am heavily involved in the preparation of the applying; which is what I said. Also, since my mother lives with me, she will, as I said, fill out an i864a. It would seem that others are better suited at providing correct information. I must disregard the rest of your post as I cannot trust your 'information'.

Actually you should be paying attention to what RyanH is saying.

You do not apply for a visa. While you can help your wife with the preparation etc, what you do is petition for the right for your wife to apply for a visa. But what you said was:

My wife and I just got married in the Philippines on April 20th. I am currently in the process of preparing to apply for a CR1 visa. I just have a few questions...of course.

Regarding the I-864:

Just because you live with your mother does not mean she fills out an I-864a. As you have no income you will not be combining income with your mother. Thus she is a joint sponsor and needs to fill out an I-864. The I-864a is for household members who are combining income. At VJ we understand that the USCIS website isn't very clear on this point.

Edited May 4, 2013 by NikiR

[lloydboybebop 0]

NikiR, you are incorrect on both accounts. I am preparing to begin the application process. I am simply preparing to begin the process for my wife. Read it again and add nothing to it. That is what I said, nothing more. Quoting my correct statement back to me does not increase your understanding of the English language. You are also incorrect about the i864a. The items that I have presented have already been discussed with an attorney. I did not ask for advice on what I already know to be true. My questions were quite clear. Why people who have no true answers to offer feel the need to provide input; incorrect at that, is beyond me. It is not helpful. It is, in fact, de-constructive. If you cannot help me, that is okay; but also, hold your tongue.

[NikLR 13,232]

Have a nice life dude. Live long.

[SAT 9,609]

Didn't your attorney have all the answers for you?

[Darnell 8,479]

is best you go back to your attorney, seek clarity on your questions with that human.

[lloydboybebop 0]

Didn't your attorney have all the answers for you?

To questions I did not ask him? Well now, that would be impressive. Thanks for your help.

[Zabka 4]

To questions I did not ask him? Well now, that would be impressive. Thanks for your help.

Perhaps you should ask him/her rather than argue about semantics here.

Edited May 5, 2013 by Zabka

[TBoneTX 46,919]

Anyone who's been on VisaJourney for more than five minutes knows that you listen to RyanH's immigration advice.

Niki is also completely correct.

This thread seems to be another case of:

"How do I drive to Omaha? I don't know how to get there."

"Here are the exact directions."

"They're wrong, and you're an idiot."

[lloydboybebop 0]

Anyone who's been on VisaJourney for more than five minutes knows that you listen to RyanH's immigration advice.

Niki is also completely correct.

This thread seems to be another case of:

"How do I drive to Omaha? I don't know how to get there."

"Here are the exact directions."

"They're wrong, and you're an idiot."

Wow; clueless. Also, excellent answers to my questions and productive post! I would still be disheartened and silently weep for the declining intelligence of humanity if not for the many private messages that I received from others who have had the same experience as I on this site. They sent them privately to avoid the barrage of inaccuracy, misreadings and pointless chatter that seems to be the staple of those with nothing better to do than pretend they are helping others.

[elle13 15]

To lloydboybebop: people on this forum are trying to help you. Please do listen to NikiR and Ryan H. Do not use the I-864a, which is meant for a co-sponsoring household member combining their income with the primary sponsor. In your case, you want your mom to be a joint sponsor, not a co-sponsor. As joint sponsor, your mom will file an I-864 and tick the joint sponsor box in the form. The USCIS guidance on the I-864a is not clear on this issue but trust me, if you want your AOS package to be successful, get your mom to file the I-864 as joint sponsor. It also doesn't do you any favors to carry that attitude on this forum.