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Everything posted by Crazy Cat
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For information, this is my analysis of both marriage routes. Each couple must decide which route is better for their situation: K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (up to 9 months) Spouse can not work until she/he receives EAD (up to 9 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. If US spouse declines to participate in Adjustment of Status, the foreign spouse will have a very difficult avenue to legally remain in the US. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.
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The "limit" is not an absolute. Consulate officers use the totality of each case to determine public charge probability. Do you both live in that house? You might be able to combine incomes. However, her age and retirement could play a part in the CO's decision. I think finding a different joint sponsor would be the best route, if possible.
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That could be problematic as it might not be seen as a liquid asset which could be liquidated in 12 months, or an asset which would not cause hardship to the owner if liquidated. I would find a different well qualified joint sponsor with qualifying income. Good luck on your visa journey. Folks here are happy to help and answer any questions you might have. I would continue to research the entire process, especially the Adjustment of Status procedures, limitations, and forms.
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***Thread has been moved to the India regional forum for review by experts****
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US boyfriend paralyzed in accident, can I stay longer?
Crazy Cat replied to littlebirdyboop's topic in Tourist Visas
***Thread moved to Tourist Visas as OP entered via ESTA**** -
US boyfriend paralyzed in accident, can I stay longer?
Crazy Cat replied to littlebirdyboop's topic in Tourist Visas
ESTA entries cannot be extended. I would encourage you to avoid an overstay at all costs....else ESTA will be voided forever and you risk deportation...as well as likely B2 visa denial. Even an extension request under a B2 visa would be risky and not guaranteed. Do not overstay. I wish you the best under these trying circumstances. -
You have no idea how unpredictable it can be.......Once you file the I-485, you are in a limbo period.....Once your I-94 expires, you are out of status......theoretically, once you file the I-485, you are in "authorized stay" until the I-485 is either approved or denied....but that is not a legal status....it is a policy,.....Be prepared for the inability to work, travel outside the US for months.
