Considering CR-1 over K1

[cloclo2 3]

Hello!!

So awhile ago, my fiance and I were considering the K1 fiance visa (I am the USC) and we had actually done most of the paperwork for it but hadn't sent anything in yet. Well now, we are considering doing the CR-1 visa instead, because of cost and because there is less hassle once you get to the States (no AOS, no waiting for permission to work, etc). Our situation has a few complications which I had researched for K1 but now I want to make sure that I understand how these complications will affect us with the CR-1 instead. If these issues can all be worked through, then we will probably get married this summer and file for CR-1.

1. My fiance (the beneficiary) has a child (3 years old) from a previous relationship. Am I correct in understanding we can file for her as well (CR-2) at the same time as him? Will we have to file two I-130 forms (meaning double the price)? And then I assume we'll be paying double the price for everything...medical fees, fees paid at embassy, etc.

2. My fiance lived in the USA from ages 5-16 and overstayed his visa. I have already researched this and see that he'll be exempted from that since he was under the age of 18. But while he was in the USA, he was arrested several times and went to juvenile detention several times as well. When researching the K1 visa, we did a lot of calling around to see if we could get his court records from Georgia. It seemed nearly impossible since they are juvenile court records and he would normally have to pick them up in person, which he can't since he isn't living in the USA. Does anyone have any ideas on how to handle this?

3. Lastly, I see on the Dept of State website,

"Is Residence in the U.S. Required for the U.S. Sponsor? Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more, review the Affidavit of Support (I-864 or I-864EZ) Instructions."

I do not live in the US, haven't for several years, but I have kept my permanent residency there and I still pay taxes there and everything. My residency is in Utah, where my parents live and where I grow up. But this is NOT where my fiance and I would be moving when we go to the USA.

Is me not living in the US going to be a big problem for the CR-1 visa? Would this maybe be a reason to stick with the K1 visa?

I sincerely appreciate any help I can get on this.

Thank you

[Cathi 5,748]

either way you must have a domicile in the US or show proof that you will be domiciled in the US before your fiance/spouse receives his visa

[Penguin_ie 5,993]

1. Yes, double the fees etc. Also you need permission from the mom to bring the child.

2. List the convictions, try and get a letter from the court saying records unavailable, but ultimately it won;t mater because the USCIS can do their own background checks. Are any of the arrests/ convictions drug related?

3. This is an issue whether you go for the K1 or CR-1. You do not need to be US based to petition him, but need to prove that you intend to return. Are you filing taxes as a resident or non resident? Do you still have bills in the US with a US address, your furniture in storage, valid DL, voting record etc? If so, no problem. The main issue will be the affidavit of support, as foreign income doesn't count. Unless you have a lot of assets (enough for your 4 person household), you will need a US based co-sponsor, or to move to the USA ahead of your fiance/ husband, find a job, then send him pay stubs to prove you can support him and the child,

[cloclo2 3]

Thanks for the responses.

His arrests/convictions weren't drug related. Thank you for the idea of trying to get a document from the court saying the records are unavailable.

As for residency, I file taxes in Utah as a resident. I have a valid UT DL (although it expires this year so I'll have to figure that one out). But like I said, Utah is not where we'll be moving too. Our plan was to stay with his family in Georgia for a little bit while looking for our own place. I really would rather move back to the US with him since I want to be present for his interview and plane tickets back and forth are so expensive. It's looking like I might have to figure out a new plan though...

I should be fine for the affidavit of support, my assets in the US cover our 3 person household.

[pushbrk 12,883]

1. Yes, double the fees etc. Also you need permission from the mom to bring the child.

2. List the convictions, try and get a letter from the court saying records unavailable, but ultimately it won;t mater because the USCIS can do their own background checks. Are any of the arrests/ convictions drug related?

3. This is an issue whether you go for the K1 or CR-1. You do not need to be US based to petition him, but need to prove that you intend to return. Are you filing taxes as a resident or non resident? Do you still have bills in the US with a US address, your furniture in storage, valid DL, voting record etc? If so, no problem. The main issue will be the affidavit of support, as foreign income doesn't count. Unless you have a lot of assets (enough for your 4 person household), you will need a US based co-sponsor, or to move to the USA ahead of your fiance/ husband, find a job, then send him pay stubs to prove you can support him and the child,

For 2, these are convictions for the foreigner, IN THE USA, so no need to obtain the court records. Certain court records are required from the petitioner, only if applicable.

[cloclo2 3]

For 2, these are convictions for the foreigner, IN THE USA, so no need to obtain the court records. Certain court records are required from the petitioner, only if applicable.

I am confused by this. For OF-169, it says that the visa applicant needs to submit police records from any place he/she lived after the age of 16 but also for any place he/she lived in for more than a year. Also, it requires court records if they have been convicted of a crime. So I believe we will have to submit his court records even though he is a foreigner.

http://www.hmi-usa.com/OF169.pdf

As for my 3rd question: Is it really not possible to do all this while I (USC) am living abroad and have no home in the US. Can't we just put in his family's address where we will stay when we first arrive in the USA?

[pushbrk 12,883]

I am confused by this. For OF-169, it says that the visa applicant needs to submit police records from any place he/she lived after the age of 16 but also for any place he/she lived in for more than a year. Also, it requires court records if they have been convicted of a crime. So I believe we will have to submit his court records even though he is a foreigner.

http://www.hmi-usa.com/OF169.pdf

As for my 3rd question: Is it really not possible to do all this while I (USC) am living abroad and have no home in the US. Can't we just put in his family's address where we will stay when we first arrive in the USA?

The OF 169 refers to countries other than the USA. You can confirm this by email with the Consulate directly.

[pushbrk 12,883]

I am confused by this. For OF-169, it says that the visa applicant needs to submit police records from any place he/she lived after the age of 16 but also for any place he/she lived in for more than a year. Also, it requires court records if they have been convicted of a crime. So I believe we will have to submit his court records even though he is a foreigner.

http://www.hmi-usa.com/OF169.pdf

As for my 3rd question: Is it really not possible to do all this while I (USC) am living abroad and have no home in the US. Can't we just put in his family's address where we will stay when we first arrive in the USA?

The OF 169 refers to countries other than the USA. You can confirm this by email with the Consulate directly.

Put the family's address on the DS230 as the intending immigrant's planned address in the USA, where indicated. Unless you currently live there, don't lie and say you do. You can attach a letter to the I-864 package indicating your intent to live at a certain address and that it is the address of a family member. That will USUALLY cover the domicile issue unless you're coming from Canada.

[Stacia 0]

Put your family member's address on the I-130/DS230 and then have your family member write a letter saying that you can stay with them as long as you want, that there is plenty of room for you and that you will help pay for utilities or household expenses. I am doing the CR-1 visa with my husband and we live outside of the US right now. We are planning to live with my sister and brother-in-law at first so I asked my sister to write the letter. It looks something like this:

Date

Sister's Name

Sister's Address

To Whom It May Concern:

My sister, my name, and my brother-in-law, husband's name, who is an intending immigrant to the United States, will be staying at my house when they arrive in the United States. They will be helping to pay utility bills and other household expenses. My husband and I are in complete agreement that there is plenty of room for them and that they may stay at our house as long as they wish. Please do not hesitate to contact me at sister's phone number if you have any questions or concerns regarding this matter.

Thank you,

Sister's Signature