Does having kids speed up the K1 process?

[Jamdie 27]

Mandie here...

James gave me the login! So I may be asking a stupid question.

 

I have two children from a previous marriage, I am the one petitioning and live below the poverty line (self employed photographer). If the immigration Gods at hand see that I have two children and struggle financially, will they take this into consideration and approve it faster so my fiancé can help financially once his green card is approved? 

 

I know the answer is probably no, but you never know....

 

Thanks!

 

 

[USS_Voyager 1,971]

11 minutes ago, Jamdie said:

If the immigration Gods at hand see that I have two children and struggle financially, will they take this into consideration and approve it faster so my fiancé can help financially once his green card is approved? 

No. 

 

Not only no, unless you have a joint sponsor who makes more than the poverty line, your fiancé will be denied the visa. What he might make in the future has no bearing in this decision.

[payxibka 10,044]

17 minutes ago, Jamdie said:

Mandie here...

James gave me the login! So I may be asking a stupid question.

 

I have two children from a previous marriage, I am the one petitioning and live below the poverty line (self employed photographer). If the immigration Gods at hand see that I have two children and struggle financially, will they take this into consideration and approve it faster so my fiancé can help financially once his green card is approved? 

 

I know the answer is probably no, but you never know....

 

Thanks!

 

 

Immigration gods will look negatively upon a below poverty line petitionner 

[Boiler 43,419]

Seems odd to go for a k1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Jamdie 27]

1 hour ago, USS_Voyager said:

No. 

 

Not only no, unless you have a joint sponsor who makes more than the poverty line, your fiancé will be denied the visa. What he might make in the future has no bearing in this decision.

Thank you for clarifying, luckily we do have the option of a joint sponsor however Mandie was hopeful we would not have to call upon this. The clarification on the children is most helpful and I can see to an extent why children would not be taken into consideration as part of the decision making process (I presume a lot of people would just go ahead and get pregnant...).

 

James

[Jamdie 27]

58 minutes ago, Boiler said:

Seems odd to go for a k1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hi Boiler, indeed we have had similar comments, do you feel CR1 would have been a better option?

 

I feel I cannot go down the route of CR1 as I cannot risk my ability of visiting the States. I have family in Texas and if I were to render myself unable to visit that would be a huge problem. We have had to choose an option where I still have the ability to visit hence opting for K1. I write on the experiences of my brother who applied for CR1 5 years ago. He married while he was over there on an esta and on returning to Wales he essentially kicked himself out of the US. My belief was he could not return and they had quite the fight to get his application through. 

 

I guess my fears are undermining the rules of the US gov and forfeiting any rights to visit in the future. I trust this makes some sort of sense. 

[Boiler 43,419]

I do not know why your Brother could not visit but K1 vs CR1 would not be a factor.

[Jamdie 27]

10 minutes ago, Boiler said:

I do not know why your Brother could not visit but K1 vs CR1 would not be a factor.

He married his wife over there on an esta and then returned home. I believe if he tried to enter again it would be noted he married a citizen and he would be denied entry for breaking terms of an esta. I remember he couldn’t visit so she had to come here all the time. 

[Boiler 43,419]

1 minute ago, Jamdie said:

He married his wife over there on an esta and then returned home. I believe if he tried to enter again it would be noted he married a citizen and he would be denied entry for breaking terms of an esta. I remember he couldn’t visit so she had to come here all the time. 

Sounds like you are conflating 2 different issues.

[Jamdie 27]

7 minutes ago, Boiler said:

Sounds like you are conflating 2 different issues.

Hmm possibly. Back to the matter at hand. May I ask why you feel K1 is odd? 

[Boiler 43,419]

7 hours ago, Jamdie said:

I have two children and struggle financially, will they take this into consideration and approve it faster so my fiancé can help financially once his green card is approved? 

 

This was mentioned, well EAD would come first but same issue.

[belinda63 2,981]

With a K-1 you cannot work until you have your EAD. When you apply to adjust status after you are married there is currently a 5-7 month wait for employment authorization. If your fiance is struggling already financially how will you cope when you are added to the household and cannot work for months?

With a CR-1 you can work upon entry to the US.

[aaron2020 11,651]

7 hours ago, Jamdie said:

Hi Boiler, indeed we have had similar comments, do you feel CR1 would have been a better option?

 

I feel I cannot go down the route of CR1 as I cannot risk my ability of visiting the States. I have family in Texas and if I were to render myself unable to visit that would be a huge problem. We have had to choose an option where I still have the ability to visit hence opting for K1. I write on the experiences of my brother who applied for CR1 5 years ago. He married while he was over there on an esta and on returning to Wales he essentially kicked himself out of the US. My belief was he could not return and they had quite the fight to get his application through. 

 

I guess my fears are undermining the rules of the US gov and forfeiting any rights to visit in the future. I trust this makes some sort of sense. 

You can visit while applying for a CR-1.  VJ has a pinned thread on this at the top of this subforum.  

 

Your brother left the US during his AOS without AP or never filed.  That's why he was stuck.  Very different than if you filed for a CR-1.

[Wuozopo 4,285]

7 hours ago, Jamdie said:

 

I feel I cannot go down the route of CR1 as I cannot risk my ability of visiting the States. I have family in Texas and if I were to render myself unable to visit that would be a huge problem. We have had to choose an option where I still have the ability to visit hence opting for K1. I write on the experiences of my brother who applied for CR1 5 years ago. He married while he was over there on an esta and on returning to Wales he essentially kicked himself out of the US. My belief was he could not return and they had quite the fight to get his application through. 

 

I guess my fears are undermining the rules of the US gov and forfeiting any rights to visit in the future. I trust this makes some sort of sense. 

If you are denied any visa...K1, CR1, B1/B2...then you can lose visa waiver privileges to travel visa free (ESTA). Is there a reason you might be denied? Was your brother denied his CR1? I don't see why marrying in the US and returning to Wales "essentially kicked himself out of the US" unless he overstayed his allowed 90 day entry on visa waiver.

[Jamdie 27]

10 minutes ago, belinda63 said:

With a K-1 you cannot work until you have your EAD. When you apply to adjust status after you are married there is currently a 5-7 month wait for employment authorization. If your fiance is struggling already financially how will you cope when you are added to the household and cannot work for months?

With a CR-1 you can work upon entry to the US.

Thank you. Yes with Amanda being self employed this is the issue we face. I work for the British government and some months she earns three or four times my salary, but others not so much. Because her self employment is relatively new it fails to meet the poverty line. Tricky situation.