Advice please - K1 or CR1?

[mehellie 9]

Hello,

I realize this question gets asked fairly often but I'm really completely lost. My fiance and I were planning on doing the K1 visa, but then we became set on the CR1 because he could would automatically get his green card, less costly, etc. I'm a student in university and he lives in Mauritius. I had a part time job up until the beginning of the summer and now I'm visiting him in Mauritius for July and August. I would prefer to do the K1 visa because I want to get married with my family (if we were to get married, it would be when I visit him this July/August) present and we aren't even officially engaged (due to being unable to meet too frequently - he was denied a tourist visa last year and we met in Italy in March of this year). However, I'm extremely concerned about the Affidavit of Support because I virtually have no savings due to plane tickets costing $2000 each time and because of the currency difference, he only makes about $800USD per month as a web developer. I could easily have a wealthy cosignor, but I'm a little confused about how this works and it doesn't seem like it would make the visa very certain.. or does it? I don't know what to do, and would greatly appreciate any advice from anyone with experience on the issue. Thanks.

[san diego 407]

Under the circumstances you need co-sponsor. This co-sponsor will need to make enough to support himself+is family + you + your fiance INDEPENDENTLY.

[mehellie 9]

That wouldn't be an issue, but would having a co-sponsor decrease our chances of being approved? Would it be valid and/or better for someone to lend me ~$20k to sit in my savings account? Or would I still need a co-sponsor since I'm currently unemployed?

[san diego 407]

Depends on the embassy. Usually it is not a problem. Regarding account: no, don't do it. They look at the average balance over period of 6-12 months if you have to use assets in the form of your account balance. If they see that you clearly transferred large amount of money they may consider it misrepresentation. So, don't do it. Get co-sponsor.

[Harpa Timsah 13,258]

If you want to get married in the states, then do a K-1 visa. EIther way you will use a co-sponsor. Plan life plans and THEN immigration plans, imo. You'll also save on plane tickets - you can file the K-1 petition now.

Edited June 17, 2011 by Harpa Timsah

[mehellie 9]

Thanks. My fiance should have at least $10k saved by the time the interview would take place. Can I automatically fill out the I-134, or only if it is requested? And regarding a co-sponsor, my understanding is that we both fill out a form individually and submit them together?

[san diego 407]

US citizen is the only one that fills out I134. His finances are irrelevant. Yes, you should fill out I134, especially in your circumstances where you will need co-sponsor.

[mehellie 9]

Alright, thanks for your help!

[mehellie 9]

Sorry, now that I've seen the age thread, I'm also curious as to whether age is going to influence my case. I've just turned 20 and my fiance is almost 27. We have been talking for 4 years this August, romantically since the beginning of 2009. Is this going to have any detrimental effects at all?

[san diego 407]

NO problem! The only reason why they look at the age is when it is out of proportion: 70 year old US citizen and 20 year old Russian fiancee.. or the most frequent fraud that I've seen: 25 year old guy from Morocco and 45-50 y.o. woman from US. You will be fine.

Edited June 17, 2011 by san diego