CR1

[LoveTurtle 2]

Hi there!

I am engaged with an American citizen. We started our relationship over the web 3 years ago and I visited him in US 3 times and spent about 4 weeks each time with him. I am going to visit him again next December and we intend to get married in US during my visit before I return to my country. Then he would apply for a CR1 for me.

We gave up on applying for a fiance visa for me because he did not make the minimum required for USCIS to be my sponsor and don't know anybody who would do it for us. Then we found one information that gave us some hope about the CR1:

http://www.uscis.gov/files/form/i-864instr.pdf

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

The value of your assets, the assets of any household member who has signed a Form

I-864A, or the assets of the intending immigrant;

A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See question below for more information on joint sponsors.

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements.

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

NOTE: I have a life time pension that is over what we need to meet for our household income, and I will continue to receive it any where I may live until I die - like in the situation mentioned above.

Well, my questions are:

1- Would it sound like "marriage fraud" for the USCIS if we would get married in US during one of my visits, once I would have a tourist visa instead of a fiance visa? - I would not overstay in US, but would return to Brazil to wait for the CR1.

2- Does anybody know if the USCIS would really accept my income to complete my husband`s for the affidavit of support, like I read in the text I pasted above?

3- Would it matter that we lived under the same roof only some weeks each year for 3 years?

Please, help us to know what to do concerning to this.

Thank you very much in advance

[aaron2020 11,651]

1- Would it sound like "marriage fraud" for the USCIS if we would get married in US during one of my visits, once I would have a tourist visa instead of a fiance visa? - I would not overstay in US, but would return to Brazil to wait for the CR1.

It's only marriage fraud if you are not marrying for love but for an immigration benefit. Your question is really about visa fraud. It is not visa fraud to enter the US on a tourist visa to marry and return to your home country. However, it is going to be a challenge if you are asked about this at the POE. A CBP officer may not believe that you intend to leave after getting marry. You should bring proof that you will leave (job, apartment lease, etc.) when you try to enter.

2- Does anybody know if the USCIS would really accept my income to complete my husband`s for the affidavit of support, like I read in the text I pasted above?

Your income would only be accepted if it continues after you immigrate. If you will quit a job to immigrate to the US, your income from that job will not count.

You would need to provide proof that your pension will continue after you immigrate if you want to use that income to meet the Affidavit of Support (I-864).

3- Would it matter that we lived under the same roof only some weeks each year for 3 years?

No.

Edited March 5, 2012 by aaron2020

[LoveTurtle 2]

It's only marriage fraud if you are not marrying for love but for an immigration benefit. Your question is really about visa fraud. It is not visa fraud to enter the US on a tourist visa to marry and return to your home country. However, it is going to be a challenge if you are asked about this at the POE. A CBP officer may not believe that you intend to leave after getting marry. You should bring proof that you will leave (job, apartment lease, etc.) when you try to enter.

I have a valid tourist visa and I will visit him as always, not mentioning that I have a fiance or that we intend to marry during that visit. Then I return to my home country after my visit, and we get ready for applying for the CR1.

Your income would only be accepted if it continues after you immigrate. If you will quit a job to immigrate to the US, your income from that job will not count.

You would need to provide proof that your pension will continue after you immigrate if you want to use that income to meet the Affidavit of Support (I-864).

I have a legal document proving that I am a lifetime pensioner, and I also have a house in Brazil, which I intend to declare as an asset for me and my minor son.

Thanks for helping

Edited March 5, 2012 by LoveTurtle

[Ryan H 3,812]

Then he would apply for a CR1 for me.

Strictly speaking, your husband will not be applying for a CR-1 visa, you will. Your husband will be filing a petition.

[LoveTurtle 2]

Strictly speaking, your husband will not be applying for a CR-1 visa, you will. Your husband will be filing a petition.

Sure, sometimes I forget that I am the intending immigrant and so I will apply for it...

Thanks for correcting me