Jump to content
Sign in to follow this  
Amaryia

Applying for K1, Cr-1, or marrying and doing an AoS - question

49 posts in this topic

Recommended Posts

Hello and Thank you. I have a new question different from my previous thread.

I know that if my fiancé leaves from his visit with me (90 day VWP) and goes back to London and we apply for the K1 - one of the requirements is that I show that I can support him, myself and my 3 children.

Same with the Cr-1 - if we marry before he leaves going back to London when his 90 day VWP is up and while he is in London we apply for a Cr-1 - I will have to show that I can support, him, myself and my 3 children.

So my question is: If we marry before his 90 day VWP is up and he stays in the U.S. and we apply for AoS - do I still have to show that I can support all of us?

Thanks so much as we try to figure out the best course of action - Everyone is greatly appreciated.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Nigeria
Timeline

Yes, you have to show that you make 125% above the poverty level for a house hold of 5.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited by mstee81

 
 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Scotland
Timeline

Read the guides for AOS status at the top of this page. This is taken from the AOS guide:

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Make sure you understand the risk you are taking if you decide to go this route.. You are taking a huge risk if you really love this man. All of the forms you need to submit and download can be found in any of the guides. There is a step by step guide telling you what you need to submit.

Share this post


Link to post
Share on other sites

Yes, but remember you can use a co-sponsor (especially for K1 route- London Embassy is happy for this. He can even include his own finances).


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites

Hello and Thank you. I have a new question different from my previous thread.

I know that if my fiancé leaves from his visit with me (90 day VWP) and goes back to London and we apply for the K1 - one of the requirements is that I show that I can support him, myself and my 3 children.

Same with the Cr-1 - if we marry before he leaves going back to London when his 90 day VWP is up and while he is in London we apply for a Cr-1 - I will have to show that I can support, him, myself and my 3 children.

So my question is: If we marry before his 90 day VWP is up and he stays in the U.S. and we apply for AoS - do I still have to show that I can support all of us?

Thanks so much as we try to figure out the best course of action - Everyone is greatly appreciated.

The answer to both your questions is: yes you do have to show you can support all of those in your household, because you have to support all of you. 125% above poverty for a household of you, the spouse, and number of children.

In my case, my sister will be the co-sponsor on the financial form I-134 for the K1 (and then later the joint sponsor for the AOS process) as I do not make enough to support as I currently stay at home taking care of my elderly mom. My fiancé will not be allowed to work in the US until we marry and he applies for AOS with an employment authorization, and then later, his green card. So consider that there will be a waiting period before your spouse will be able to work, let alone factoring in various economic and employment issues.

Even with a CR1 you need to show the same support. He will be able to work with a green card much faster than the K1 process, so I'm told.


K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 - Error will need to file I90 >_<

 

Share this post


Link to post
Share on other sites

Thanks Pheebs, appreciate the positive reply. All of this has me quite depressed. I wish you and yours the best.

I understand what you're going through, being apart is unbearable. When me and my OH are apart, our time difference is eight hours and we are 5000 miles away from one and other, and I know how painful that can be.

However, I do urge you to consider your options logically and don't rush into trying to keep him in the US immediately, as others pointed out it may cause problems further down the road if you cannot prove you two didn't have intent to marry. Much better to be apart in the short term and together long term rather than the other way around.

I sincerely wish you the best of luck.

Edited by Pheebs1201

Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites

What does it mean for someone to co-sponser you exactly? I have a dear friend that may help us but I do not know all the information to give her regarding it. Thanks again :) I appreciate all the positive and supportive replies <3

Share this post


Link to post
Share on other sites
Filed: Other Country: Canada
Timeline

What does it mean for someone to co-sponser you exactly? I have a dear friend that may help us but I do not know all the information to give her regarding it. Thanks again :) I appreciate all the positive and supportive replies <3

Your friend has to commit to being financially responsible for the intending immigrant as well as his/her own household. If the friend is single with no children this will be financially easier seeing as they would only need to make $19,662 in comparison to $34k annually. You cannot pool incomes unless you live in the same household.

It is a huge responsibility and definately not to be taken lightly. However the onus of proof of a bonafide marriage will still be on you.

Share this post


Link to post
Share on other sites

Thanks Transborderwife for your reply. My friend has a powerful well paying position where I live and is single without children so if she agrees it will go well in regards to that. I have read what everyone has said in this post and the previous and am taking it all to heart and so appreciate everyone. Thanks again.

Edited by Cassangel

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Scotland
Timeline

If you read page 7 and 8 of I-864 that is the co-sponsor contract obligations and everything she will need to adhere to. It is a legally binding contract between the co-sponsor and the US government. It also explains when her obligations as a co-sponsor would end.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...