HELP: I'm a student filing for CR1

[stephmd 0]

Ok a bit of background info since I'm new here: my husband (from Bulgaria) and I got married/eloped in Bulgaria on January 11, 2011. I was under the impression that I should file for a K3 because I want him to come here to meet my family, and then we'll go back to Europe. So I figured a nonimmigrant visa makes the most sense. After doing some research on this forum, I realized people are suggesting to just do a CR1 instead of K3 because it takes almost the same time.

So now I plan to file for a CR1 visa (although we still don't really intend on staying in the US). My biggest concern is that I am only 21, still in school, and currently unemployed. In fact, I have never had a paying job, but I am looking for 1 right now since this is the first semester that I am considered to be a part time student. So, I'm concerned about the affidavit of support. Since I'm a student, will things be a bit more lenient or I still have to meet the same income requirements as everyone else? Since my husband and I do not intend on staying in the US, would this change anything? How much would I need in assets (instead of income) in order to have the affidavit approved?

Also, I don't think anyone would cosign since we eloped, and my family does not approve.

Any help would be greatly appreciated!!!

[Wayne and Claudia 40]

If you and he has no interest in immigrating to the US then the CR-1 or any visa outside a tourist visa isn't applicable. With a CR-1 it is assumed the immigrant will be coming to the US to make a life here. If that isn't the case then don't pursue it. Search for the best way to obtain a tourist visa for him to come and visit.

[stephmd 0]

But isn't applying for a tourist visa pretty risky? Meaning chances are he won't be approved because they'll think he'll come here as a tourist and not leave since we're married?

The thing is, we don't intend to live in the US in the short run, but who knows what will happen in the long run. He has never met my family, and him and I feel it's important that he does. I want him to have the option to be here or not. If I had to travel back for a family emergency, for example, I would want him to at least have the option of coming too.

I'm just worried that the affidavit of support won't be approved...

[krisca 0]

i think ur in a bit of a pickle here. . .if u don't have a job and no one will co sponsor, you're gonna have a little problem. i think u won't have a problem with the approval at USCIS just at the NVC when the packets come along. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD read that for the requirements on the I-130 petition,

you will need 3 years tax returns that's why you will need a co-sponsor. same for me here, my husband just started working about 7months ago, when he filed my petition he didn't have a job, so we asked 2 of our friends to co-sponsor me and my daughter. i just don't know if you being the wife has something to do with the income, i think your hubby can also show some assets or job contract (i'm not sure i'm sure someone will come along to shed light). . .best of luck!

[agynyame 2]

If you and he has no interest in immigrating to the US then the CR-1 or any visa outside a tourist visa isn't applicable. With a CR-1 it is assumed the immigrant will be coming to the US to make a life here. If that isn't the case then don't pursue it. Search for the best way to obtain a tourist visa for him to come and visit.

Hi,

A tourist visa might not work as the intending non-immigrant is asked on that form do you have any of the following relatives residing in the States. Once the non resident alien answers yes, if Bulgaria is like the USEM in Ghana, they will outright reject you. My wife was told by the CO "ask your husband to file for you."

My wife wanted to finish college and we were thinking she could visit on vacations and then file when is getting ready to graduate. The embassy changed all of that plan for us. Unless, of course, OP's spouse can prove strong ties to his country then he might granted a B2.

Edited February 6, 2011 by agynyame

[stephmd 0]

Thank you for the help krisca. I certainly don't know what's the best way to go about this...

[NaCl 2]

The wife isn't residing in the states though, is she? He'd maybe have to mention on the application that he's married to a USC, however, she is currently residing in Bulgaria, correct?

[pushbrk 12,827]

Ok a bit of background info since I'm new here: my husband (from Bulgaria) and I got married/eloped in Bulgaria on January 11, 2011. I was under the impression that I should file for a K3 because I want him to come here to meet my family, and then we'll go back to Europe. So I figured a nonimmigrant visa makes the most sense. After doing some research on this forum, I realized people are suggesting to just do a CR1 instead of K3 because it takes almost the same time.

So now I plan to file for a CR1 visa (although we still don't really intend on staying in the US). My biggest concern is that I am only 21, still in school, and currently unemployed. In fact, I have never had a paying job, but I am looking for 1 right now since this is the first semester that I am considered to be a part time student. So, I'm concerned about the affidavit of support. Since I'm a student, will things be a bit more lenient or I still have to meet the same income requirements as everyone else? Since my husband and I do not intend on staying in the US, would this change anything? How much would I need in assets (instead of income) in order to have the affidavit approved?

Also, I don't think anyone would cosign since we eloped, and my family does not approve.

Any help would be greatly appreciated!!!

You have a complicated set of circumstances that do not lend themselves to any of the available solutions in any convenient way. The K3 WOULD be the ideal visa for your situation but there's no reason to think it is currently obtainable. CR1 is the available spouse visa. A visitor visa is all but out of the question because the foreigner has a US Citizen spouse. No special considerations or separate standards for people who do not qualify to sponsor, no matter what the reason.

A year or so before the two of you are ready to actually start living in the USA, you can embark on the CR1 or IR1 visa process.

[Glyn and Kathy 288]

Ok a bit of background info since I'm new here: my husband (from Bulgaria) and I got married/eloped in Bulgaria on January 11, 2011. I was under the impression that I should file for a K3 because I want him to come here to meet my family, and then we'll go back to Europe. So I figured a nonimmigrant visa makes the most sense. After doing some research on this forum, I realized people are suggesting to just do a CR1 instead of K3 because it takes almost the same time.

So now I plan to file for a CR1 visa (although we still don't really intend on staying in the US). My biggest concern is that I am only 21, still in school, and currently unemployed. In fact, I have never had a paying job, but I am looking for 1 right now since this is the first semester that I am considered to be a part time student. So, I'm concerned about the affidavit of support. Since I'm a student, will things be a bit more lenient or I still have to meet the same income requirements as everyone else? Since my husband and I do not intend on staying in the US, would this change anything? How much would I need in assets (instead of income) in order to have the affidavit approved?

Also, I don't think anyone would cosign since we eloped, and my family does not approve.

Any help would be greatly appreciated!!!

The CR1 is for immigration to STAY in the States. Its to enter the US ONE time and then the spouse is given a 2 year green card. 90 days before that card expires, you apply for removal of conditions to get a 10 year green card. You cannot do this is you are living out of the country. So the CR1 is a long and expensive road that would be a waste of time and money if you don't plan on staying. Even after receiving the 10 year card, if you are out of the country for too long, you could be accused of abandoning your residency and have to start ALL OVER AGAIN.

[stephmd 0]

^But I thought with the CR1, you can travel freely...so you could enter and leave the country freely.

So basically there's no way I'll be able to have my husband here with me even for a little while?

[pushbrk 12,827]

^But I thought with the CR1, you can travel freely...so you could enter and leave the country freely.

So basically there's no way I'll be able to have my husband here with me even for a little while?

CR1 results in green card and can "travel freely" as long as they maintain permanent resident status. My wife has a green card and we're in China for 12 weeks but she "resides" in the USA. Google, "maintaining permanent resident status USA". You said you want your husband to visit but you'll both remain living abroad. Not the same animal.

[Mrs O. 29]

Just to add my two-pence worth.

A few years ago when I first got married to my husband, I wasnt a naturalised irish citizen then, I only had my nigerian passport. AFTER we got married I applied for a TOURIST VISA and it was approved. I was truthful about everything, I wrote in the form that my husband is a USC residing in the US. On the day of the interview the CO asked why I was only applying for a tourist visa and not the immigrant visa, I told her I wasn't ready to immigrate yet but I want the opportunity to visit my husband regularly.She wanted to establish that I have strong ties to Ireland and I showed proof of my job and property ownership and that was the end of the interview:approved. I must mention that it wasnt a first-time application, I had visited the US a number of times before on a previous tourist visa.

It is possible to apply for and be granted a tourist visa when married to a USC but be ready to show strong ties to home country.

[stephmd 0]

Thank you for sharing that, Mrs. O. Unfortunately, I don't think it would be approved for my husband though since he has never been to the U.S. and the only ties he can really show is his job. He is renting an apartment, so there's really no property ownership.

So it seems like there's no "nonimmigrant" visa or entry method besides a tourist visa? That really sucks...

[Christi85 86]

Thank you for sharing that, Mrs. O. Unfortunately, I don't think it would be approved for my husband though since he has never been to the U.S. and the only ties he can really show is his job. He is renting an apartment, so there's really no property ownership.

So it seems like there's no "nonimmigrant" visa or entry method besides a tourist visa? That really sucks...

There still are ways to go around that. Property ownership isn't a must when proving ties to a country for a tourist visa. Think creatively.

The fact that he has a job in Bulgaria is a good start. If he's only visiting the US for a week or two, he'd have to take a few days off from his job, right? Why not include a written statement from his employer stating that they've authorized his leave between X date and and Y date, and that they expect him back on Z date? This, together with his contract of employment and his most recent paychecks should be good proof that he's currently working outside the US.

He can include proof that his lease agreement for his apartment is still ongoing (perhaps a letter from the landlord/estate agency?).

If he has any savings in the bank, especially if they are at least a couple thousand $$$, he can also include recent statements proving that he has money interests in the country.

Finally, buying and showing return flights could also be helpful.

Since you intend to go back to Europe with him, maybe you can sign an affidavit declaring under penalty of perjury that you intend to go back with him. If you can show return flights for the same dates as his, that will be even better.

I'm sure he has a good shot at being approved for a tourist visa if he does the above.

I agree, a CR1/K3 is not an option given your circumstances. A tourist visa sounds like the best bet.

Best of luck!

[Angel Eyes Yuseef 5]

If you file CR-1 in the interview they are going to want to know why he wants to come to the states to live. If he says it is not for premenate reasons they will denie the visa. And it is best to not lie. I think the one person gave you a very solid way to get him a tourist visa. And if you go to the tourist visa forum you will see that many ppl have gotten tourist visa'a after being married.