DCF - CR-1/IR-1 Spouse with children

[Melanie_P 1]

Hello,

I am US Citizen. My partner is British. We are both women. We live in England, but are considering travelling to the US to marry, then applying for her (and our childrens') immigrant visas via DCF.

Are their any guides that explain how to apply for CR-1/IR-1 for a spouse and the foreign spouse's children?

Thank you.

[lost_at_sea 995]

If you're going to do it in London, then it's pretty straight forward. They publish their own basic guide here and extremely useful and prescriptive checklists for what needs to be sent in: http://london.usembassy.gov/dhs/uscis/i130filing.html

There's a very vague DCF guide on here: http://www.visajourney.com/content/dcf It's not a whole lot of help, because DCF varies so much by locality. I'd go with the link London provides and then come back and ask questions here - there's a fair few of us in/just finished the DCF process right now.

Once the I-130s are approved, your journey will more closely match up to all the other IR-1/CR-1 journeys in London (in regards to receiving packet 3 / booking medicals / getting interview date).

Edited July 5, 2013 by lost_at_sea

[Melanie_P 1]

If you're going to do it in London, then it's pretty straight forward. They publish their own basic guide here and extremely useful and prescriptive checklists for what needs to be sent in: http://london.usembassy.gov/dhs/uscis/i130filing.html

There's a very vague DCF guide on here: http://www.visajourney.com/content/dcf It's not a whole lot of help, because DCF varies so much by locality. I'd go with the link London provides and then come back and ask questions here - there's a fair few of us in/just finished the DCF process right now.

Once the I-130s are approved, your journey will more closely match up to all the other IR-1/CR-1 journeys in London (in regards to receiving packet 3 / booking medicals / getting interview date).

Yes, would apply via DCF in London and that is exactly what I was looking for. Thanks as always for your help

[lost_at_sea 995]

Yes, would apply via DCF in London and that is exactly what I was looking for. Thanks as always for your help

Great That link is a bit hidden on the embassy website, so I figured you might not have come across it.

[Melanie_P 1]

Great That link is a bit hidden on the embassy website, so I figured you might not have come across it.

It appears that you need to process separate I-130 petitions (with the full fee for each) for the spouse and each child for IR-1/CR-1, as opposed to a single petition (with one fee) and then the 3 separate visa with 3 fees. With the added cost of travelling to the US to marry, I think it might be more cost effective to just apply for the K-1 now and wait it out. Lots of google-ing + math required

[lost_at_sea 995]

It appears that you need to process separate I-130 petitions (with the full fee for each) for the spouse and each child for IR-1/CR-1, as opposed to a single petition (with one fee) and then the 3 separate visa with 3 fees. With the added cost of travelling to the US to marry, I think it might be more cost effective to just apply for the K-1 now and wait it out. Lots of google-ing + math required

Oh yeah. Interesting. What's happens at AoS stage with the K1 and kids? That would be something to factor into your maths.

[Nich-Nick 3,354]

Adjustment of status fees

$1070 adult

$635 each child

With the spouse/child visas--everybody is a permanent resident the day they enter the US on their visa.

With a K1/K2 there is still the AOS process (more money, more paperwork, more wait) before they become permanent residents.

Here's my list of AOS forms and documentation if you want a quick visual of what is submitted. https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH

When you file, depends on how quickly you marry, get the certificate, and get the application packet ready. The wait time is around 4 months after applying to get a greencard.

[himher 634]

Hello,

I am US Citizen. My partner is British. We are both women. We live in England, but are considering travelling to the US to marry, then applying for her (and our childrens') immigrant visas via DCF.

Are their any guides that explain how to apply for CR-1/IR-1 for a spouse and the foreign spouse's children?

Thank you.

The process is the same as for straight couples. Separate petitions for the spouse/stepchild

K1 requires that you live in the US and your partner live overseas and this might separate you for awhile however if you locate yourself to the US first it is easier to overcome the support affidavit requirements

The only difficult side of DCF is that you must have a lot of cash on hand or you have a co-sponsor in the US as they do not consider your or your partner's overseas income on the affidavit of support

Hope that helps

[Melanie_P 1]

The process is the same as for straight couples. Separate petitions for the spouse/stepchild

K1 requires that you live in the US and your partner live overseas and this might separate you for awhile however if you locate yourself to the US first it is easier to overcome the support affidavit requirements

The only difficult side of DCF is that you must have a lot of cash on hand or you have a co-sponsor in the US as they do not consider your or your partner's overseas income on the affidavit of support

Hope that helps

Hello,

I mentioned the same sex partner aspect to indicate why we can't just marry in the UK and apply for the IR-1/CR-1, although I am considering waiting for that option,

I don't think that the K-1 requires that I live in the US if I can prove I intend to return? Am I wrong? I still have a US bank account/US income and use friend's address in the US as a mailing address. I had asked this question previously and someone else provided me with a letter/statement and suggestions of supporting items to use to prove 'intent to domicile'.

I think that for the K-1 visa that you have to prove you earn 100% of the poverty guidelines ($24k) in the US or have savings to cover 5 year's worth of the difference. I still have US income $17k last year (documented in my tax returns), so I think I need to prove that I have savings/assets valued at 5x the difference between $24k requirement and the $17k earned). I think for the IR-1, we need to prove that we earn 125% of poverty guidelines, but only need to have the 3x (rather than 5x) the difference between earnings and the required earnings in savings/assets. The IR-1 via DCF would seemingly require me to prove that I had more money, although that is specific to my circumstance.

Sorry, I am new-ish to this and still reading a lot, please anyone who things I have misunderstood something, just tell me

[Melanie_P 1]

Hello,

I mentioned the same sex partner aspect to indicate why we can't just marry in the UK and apply for the IR-1/CR-1, although I am considering waiting for that option,

I don't think that the K-1 requires that I live in the US if I can prove I intend to return? Am I wrong? I still have a US bank account/US income and use friend's address in the US as a mailing address. I had asked this question previously and someone else provided me with a letter/statement and suggestions of supporting items to use to prove 'intent to domicile'.

I think that for the K-1 visa that you have to prove you earn 100% of the poverty guidelines ($24k) in the US or have savings to cover 5 year's worth of the difference. I still have US income $17k last year (documented in my tax returns), so I think I need to prove that I have savings/assets valued at 5x the difference between $24k requirement and the $17k earned). I think for the IR-1, we need to prove that we earn 125% of poverty guidelines, but only need to have the 3x (rather than 5x) the difference between earnings and the required earnings in savings/assets. The IR-1 via DCF would seemingly require me to prove that I had more money, although that is specific to my circumstance.

Sorry, I am new-ish to this and still reading a lot, please anyone who things I have misunderstood something, just tell me

Just to clarify - the $24k I mentioned above was referring to the poverty guideline for a family of four - $23,550

[Melanie_P 1]

Hello,

I mentioned the same sex partner aspect to indicate why we can't just marry in the UK and apply for the IR-1/CR-1, although I am considering waiting for that option,

I don't think that the K-1 requires that I live in the US if I can prove I intend to return? Am I wrong? I still have a US bank account/US income and use friend's address in the US as a mailing address. I had asked this question previously and someone else provided me with a letter/statement and suggestions of supporting items to use to prove 'intent to domicile'.

I think that for the K-1 visa that you have to prove you earn 100% of the poverty guidelines ($24k) in the US or have savings to cover 5 year's worth of the difference. I still have US income $17k last year (documented in my tax returns), so I think I need to prove that I have savings/assets valued at 5x the difference between $24k requirement and the $17k earned). I think for the IR-1, we need to prove that we earn 125% of poverty guidelines, but only need to have the 3x (rather than 5x) the difference between earnings and the required earnings in savings/assets. The IR-1 via DCF would seemingly require me to prove that I had more money, although that is specific to my circumstance.

Sorry, I am new-ish to this and still reading a lot, please anyone who things I have misunderstood something, just tell me

Oy, replying to my own quote again. I have misinterpreted something. There is no 5x poverty line requirements for a fiance. I can't seem to stop thinking this even though I've been corrected. The K-1 actually seems pretty flexible about finances (when interviewing via London).

[Nich-Nick 3,354]

Oy, replying to my own quote again. I have misinterpreted something. There is no 5x poverty line requirements for a fiance. I can't seem to stop thinking this even though I've been corrected. The K-1 actually seems pretty flexible about finances (when interviewing via London).

Correct. And don't forget you can also have a joint sponsor on your spouse visa if you don't make enough.

Did you see my post above about the additional K1 costs and paperwork? Another $2340 for three greencards, after arriving on K1/K2 to add to your cost comparison.

Edited July 5, 2013 by Nich-Nick

[himher 634]

Hello,

I mentioned the same sex partner aspect to indicate why we can't just marry in the UK and apply for the IR-1/CR-1, although I am considering waiting for that option,

I don't think that the K-1 requires that I live in the US if I can prove I intend to return? Am I wrong? I still have a US bank account/US income and use friend's address in the US as a mailing address. I had asked this question previously and someone else provided me with a letter/statement and suggestions of supporting items to use to prove 'intent to domicile'.

I think that for the K-1 visa that you have to prove you earn 100% of the poverty guidelines ($24k) in the US or have savings to cover 5 year's worth of the difference. I still have US income $17k last year (documented in my tax returns), so I think I need to prove that I have savings/assets valued at 5x the difference between $24k requirement and the $17k earned). I think for the IR-1, we need to prove that we earn 125% of poverty guidelines, but only need to have the 3x (rather than 5x) the difference between earnings and the required earnings in savings/assets. The IR-1 via DCF would seemingly require me to prove that I had more money, although that is specific to my circumstance.

Sorry, I am new-ish to this and still reading a lot, please anyone who things I have misunderstood something, just tell me

I was mistaken and will retract my previous statement. I believe member Alcheringa successfully filed K1 while living abroad after which your only obligation is to marry within 90 days of entering the US. You may want to check this member's timeline and case descriptions.

I mentioned the affidavit because it was our biggest hurdle when we DCF'd.

Can you show that you are still employed in the US? I remember when I sent in my I134 awhile back I had to attach bank statements, paystubs, and letter from my employer and the I134 instructions, as I recall, do NOT ask for your tax returns unless you are self-employed unlike the I864 that is filed for the immigrant visa.

[Melanie_P 1]

Correct. And don't forget you can also have a joint sponsor on your spouse visa if you don't make enough.

Did you see my post above about the additional K1 costs and paperwork? Another $2340 for three greencards, after arriving on K1/K2 to add to your cost comparison.

Yes, thank you. It all adds up! Airfare for 4 of us to travel to the US to marry (then file DCF) is just as expensive as the AOS, so I am a bit torn. We aren't in a rush, looking to move to the US next summer/autumn either way.

[Melanie_P 1]

I was mistaken and will retract my previous statement. I believe member Alcheringa successfully filed K1 while living abroad after which your only obligation is to marry within 90 days of entering the US. You may want to check this member's timeline and case descriptions.

I mentioned the affidavit because it was our biggest hurdle when we DCF'd.

Can you show that you are still employed in the US? I remember when I sent in my I134 awhile back I had to attach bank statements, paystubs, and letter from my employer and the I134 instructions, as I recall, do NOT ask for your tax returns unless you are self-employed unlike the I864 that is filed for the immigrant visa.

Thank you. I will read through Alcheringa's posts and ask some questions in the K-1 thread. I am not employed in the US. I am currently employed in the UK. My mother passed away prior to retirement so I receive monthly payments from her annual pension (annual value $17k). I have all of the paperwork stating that I am the beneficiary (plus 1099s for the past 5 years) and it is guaranteed income for 30+ years, so I assume it would help with the I-134, however I do not currently have a job in the US. The money has always been paid into my US bank account. I will ask former employers if they are willing to re-hire provide me with an offer letter, nearer the date of the interview, but it's hard for them to know what will be available without knowing when I'll return.