K1 filers but looking into CR-1 instead, but need help

[meandmybeloved 15]

Good morning,

we are a k1 may filer. We are considering switching over to the CR-1. We received our noa1 may 11,2001. We are still waiting for the noa2. I was hoping some of you might be able to help us

decide if the cr1 is a better plan for us. Here's some background.

My fiance is from canada and we have been together 2 yrs come november. We filed k1 in may and still waiting on noa2. Here's some road blocks we are finding.

My fiance travels here monthly for a 2 day visit. He works 2 full time jobs, has 2 children that are out of school now and in college, he pays alimony and child support while kids are in school. He is a quality engineer but can't find work in canada for that right now, slim picking. But I have seen many job opening for this here in the U.S.

He is obligated to pay his ex monthly, so he can't just come here for a long visit.

I am a single mom of 3 kids. I'm a medical assistant and love what I do. I'm unemployed right now, cause I have 2 kids that are still in elementary school that need daycare after school hours. Daycare is

too expensive for me to pay alone. I filed for assistance but got denied saying I'm over the guidelines. So basically, about 80 %of my pay would go to daycare from my paycheck. I have no family to help care for my kids after school. My oldest is a boy in 9th grade. He's not suitable for watching the kids. Not to mention he gets out of school much later than the two younger ones. I get child support which is what I am living off of right now. I get by, but not enough to be a sponsor for my fiance. I am still looking for work, that will pay me better than the norm so I can work and pay day care and then be able to sponsor my fiance.

Here's the problem. I am not finding anyone that wants to put them selves on the line right now and sponsor my fiance. I think it is more due to the economy right now and no one wants to risk it. I am fearful that we will get so far as a noa2 and then schedule the interview and no one will step up to help.

When he comes here on a k1 visa, should we find a sponsor, he has no way of paying his ex, while he waits for the AOS to allow him to work, which is something that is a top priority for the both of us that he maintain this.

A plus side to this though is that when he arrives, he will do the care taking of the kids, while I am now free to work and work more flexable hours and will take whatever job I can to bring in the money.

Now, after reading the CR1 quidelines, the plus to that is when he goes through the process and gets his green card, he can come to the states and start looking for work right away.

But while reading through the guidelines, I came across this note at the bottom, and not sure I understand completely what it means. What takes 5 years.

Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately.

Looking for all advice and comments from those of you that have been through this or may have similiar experience. Our goal is to be together as soon as possible. Thanks.

[bigdog 376]

Seems like economics is the key, put it on paper and see what fly's. USCIS does not want a public charge after they let an applicant in the USA. Good Luck

[Harpa Timsah 13,258]

For both CR-1 and K-1 you will need a co-sponsor or be able to show 125% of the poverty line for your household size. The same hurdle will exist. It does allow him to work right away (well to look for work) but the sponsor/unemployment issue remains.

The note you quoted is about legal permanent residents filing for their spouses. You are not a legal permanent resident - you are a US Citizen. That quote does not apply to you.

[hikergirl 277]

I don't believe you can just switch from K-1 to CR-1. I think you would have to withdraw your petition from scratch and start all over with the new one - which would mean paying the filing fees again and start the waiting all over again.

In addition to all that Harpa said above.

[Oksana & Max 94]

As it was mentioned you can't just switch to CR-1 it is a start from scratch and you still need a co-sponsor there is no way around it.

As far as work. With K-1 your fiancee can start working as soon as he will get EAD, which usually takes about 3 month after submitting the AOS packet no need to wait for AOS to complete.

[skiptex 225]

yep. you are in a pickle..

K1 or CR1.. OP still needs to show 125% income for 5 people or get a sponsor yes?

did you start the K1 without having the Money Part already taken care of?

Edited September 29, 2011 by skiptex

[NigeriaorBust 4,087]

A co sponsor doesnt show that they support your entire family they support their family and your husband ( I assume his kids are not coming with him ) SO you fail the 5 person limit but a co sponsor may only need to hit a 2 person income if they are single and childless.

[meandmybeloved 15]

yep. you are in a pickle..

K1 or CR1.. OP still needs to show 125% income for 5 people or get a sponsor yes?

did you start the K1 without having the Money Part already taken care of?

We started the K1 and my fiance has budgeted the fees for all the processing etc. But we haven't figured out the rest regarding his alimony. I believe that I can find work much easier when he arrives here cause I won't have child care issues and hours of when I can work will be flexable at that point.

A co sponsor doesnt show that they support your entire family they support their family and your husband ( I assume his kids are not coming with him ) SO you fail the 5 person limit but a co sponsor may only need to hit a 2 person income if they are single and childless.

I'm sorry, I forgot to mention that about his kids. No they are in college up in canada and will not at this time be coming with him.

[skiptex 225]

i am pretty sure.. his money does not count.. only the USC and/or CoSponsor have their wages come into play when you file the K1..

then Cosponsor is your only choice.. however this should have been figured out Prior to sending in your K1.. since it seems you did not look at this qualification closely.. they may not think you can support your future spouse if only have a job for a week or two. before he goes to interview..

but like you are finding out.. finding a co sponsor is proving to be very diffcult in these times..