CR-1 questions

[Lovemad 7]

Hi, I'm relatively new to VJ and have found VJ helpful in assisting me with the CR-1 process, particularly the sample forms. However, I do still have a couple of questions regarding the process which I hope folks don't mind answering. I apologise if some of these questions seem stupid to members and it appears as if I am unable or unwilling to think for myself; it's just that my hubby and I have read info from many sources and done our research and we are now at the point, where our heads are swimming with info and we want to make sure we are doing things correctly.

First, I'll just provide you with a little background of my situation. I am a UK citizen who married a U.S. citizen in July of 2010. We met at college while I was studying in the U.S, and had been together for 1 and a half years when we got married. Neither of us have criminal records, and I have never overstayed in the U.S. or worked under the table, etc. We initially thought of going through the AOS route, however I had been looking for a job on OPT after my studies for around 6 months and was not able to find a job, so we made a very tough decision that I would come back to the UK and work to save up some money (my hubby is in his final year of college and will be heading to law school in the fall, and therefore can't work on a full time basis.) Being apart has obviously been breaking our hearts , but we did what we felt would be best in the long run (we're aware of the K3 process however my hubby feels that the CR-1 route is probably preferable, even if it means we'll have to be apart longer in the immediate future.) So I'm back in the UK now and will be heading over to visit him during spring break, when my hubby intends to get the I-130 filed.

I am somewhat concerned because on the I-130 I know that Part 21 of the form asks the petitioner to list the address at which he/she and his spouse last lived together. While my hubby and I have lived at each others apartments for long periods at a time, we have never had our official residence at the same address, and as a result different addresses were listed on our marriage certificate. However, we do plan to get an apartment together before he starts law school, and I will go and live with him there once, if all goes as we hope, I enter the U.S. on the CR-1 visa. As my hubby is a student and is currently not earning, we intend to use my assets which consist of money from my savings and also some of my parents which totals around $57,000 for the purposes of the I-864. This money is currently in our joint bank account in the U.S.

1) Has anyone had a similar experience as my hubby and I when it comes to the issue of addresses? And either way, I'd be interested in hearing what people's thoughts were on whether this is likely to prove problematic.

2) Is the amount of money we have in cash going to be enough? It's 3x the minimum amount listed for a 2 person household on the I-864P for a guideline, I believe.

3) As my hubby is a student and not currently working, would he have to list him as unemployed on part 23 of the I-864? And would he simply list his income as 0 on parts 23 & 24 of the form?

4) On part 24 of the I-864, which asks for the income of any other members of the household would my hubby list my income/salary in USD equivalent here?

5) Am I correct in saying that we would list the cash we have in the section concerning details on assets? And although the money is now listed under both of our names in our joint account, is it best to list the $57,000 as my hubby's assets, under our household assets or the intending immigrant's (my) assets?

Thanks a lot for your time.

[Darnell 8,478]

5 - usc spouse assets.

NB - forget the K-3 - please read http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[Penguin_ie 5,993]

1. Not an issue, many couples cannot live together before they have a visa. I would list official addresses, but you may mention at interview that you essentially lived together (and provide proof such as joint bills, letters addressed to both of you etc if you have it).

2. I am not sure I understood your finances correctly- is the 57'000 all you have, or are you saying you have that in savings plus other assets plus your parents will co-sponsor? Because 57'000 is extremely close to the poverty level and may not be accepted alone by the consulate.

3, Yes

4. No, unless it continues when you move to the USA.

5. What Darnell says.

[Amy and Nick 37]

1) Addresses are a tough one. Personally, I listed the places I had "lived" with my hubby for at least 3 months (couple of times on VWP as well as 6 ish months while I was there on J-1). It is up to you how you list addresses, but I felt I wanted to point out that we HAD lived together, at least in our eyes!

2) Personally not a dab hand at the asset income, but if it needs to be 3x, and it is, then sounds fine to me!

3) Yes

4) What penguin_ie said!

5) As long as it is his assets. The fact that it is in a joint account would insinuate this!

Good luck!

[Lovemad 7]

Thanks so much for your responses Darnell, Penguin_ie and Amy and Nick. I appreciate you guys taking the time to read my post and answer my questions, especially as all of your answers were so helpful.

Darnell, thank you so much for the guide which I have bookmarked to my favs and we will be sure to list assets under my hubby's name.

Penguin_ie, thank you very much for your answers which have helped me put some things in perspective. To answer your question, the $57,000 we have in cash consists of savings of my own as well as that of my parents. I do however, co-own two properties in the UK, one valued at between 350,000-400,000 GBP (not USD) and the other between 150,000-160,000 GBP. We will list those assets, however I have read that real estate can be kinda tricky to evaluate. We may also look into getting a joint sponsor, so any thoughts that you or anyone else has on this would be most appreciated.

Amy and Nick, thanks so much for your answers and reassurances about various matters. I think that we may well consider what you said about listing addresses on the form, and I will certainly mention at interview that we have lived together.

Thanks again guys and keep me posted about your visa journeys, as it's always great to hear about other people's experiences.

[Anh map 2,098]

Assets based outside the US are factored at 5:1 rather than 3:1. Also, non US property may not be accepted.

If the cash that you are planning to claim as yours hasn't been in your account for very long it may be questioned. A CO may want to be assured that it isn't a sum that has been placed into your (or spouse's) account just for the purpose of satisfying the I-864 requirement.