Unemployed student :(

[Moomin 292]

There was a recent denial of a co-sponsor. The co-sponsor was a close relative living under same roof as sponsor.

You have to look at the bigger picture of why the embassy are less likely to accept co-sponsors in your fiancee's home country. The I134 affidavit of support is not legally binding. You can submit 30 of them and none of them are legally binding. Your job is to convince the embassy that your fiancee will not become a public charge. Usually, you do that with a reliable income or sufficiant funds/assets. YOU do that because you are going to support your fiancee after she arrives. Your co-sponsors are less likely to feed her and provide for her.

You have around a year from now until your fiance arrives in the US if you submitted the petition now. Meaning a year to better your situation before you'd have to submit the affidavit of support. That's plenty of time to show a reliable income over poverty guidelines.

My point is by doing is that way, you won't have to include a 3rd person as a co-sponsor. And you therefore won't have to dread more delays in case the co-sponsor isn't accepted and you''re forced to get a job for some months until you can prove sufficient income to the embassy.

There's also the aspect of AOS(which is after marriage in the US). You'll again have to find a co-sponsor but the difference is that the affidavit used for AOS is legally binding. Not that many people would blindly go ahead and trust someone they haven't met and just sign off a bunch of papers that are active until they die, or until your wife becomes a USC.

[happyslappy 0]

Okay wait, now I'm confused. What financial evidence do I have to submit at the time of petition filing?

ie. I file I-130 now, at what time after that do I submit -anything- related to my finances and/or income?

[Moomin 292]

Okay wait, now I'm confused. What financial evidence do I have to submit at the time of petition filing?

ie. I file I-130 now, at what time after that do I submit -anything- related to my finances and/or income?

What I'm confused about is that you're engaged and you're thinking about filing an I130. That's for married couples. Are you considering filing a fiancee petition, or will you be married by the time you file a petition?

The petition is only to verify that you're eligible to file a petition for your fiancee. You need to submit no financial evidence at the time of submitting the petition. Financial information isn't needed until after the petition has been approved and sent to National Visa Center/embassy.

Edited October 15, 2012 by moomin

[happyslappy 0]

What I'm confused about is that you're engaged and you're thinking about filing an I130. That's for married couples. Are you considering filing a fiancee petition, or will you be married by the time you file a petition?

The petition is only to verify that you're eligible to file a petition for your fiancee. You need to submit no financial evidence at the time of submitting the petition. Financial information isn't needed until after the petition has been approved and sent to National Visa Center/embassy.

We're engaged but what we're trying to figure out is if the best course of action is to file a fiancee visa, or, marry and file an I-130 (CR-1). Given my situation in the OP, just trying to get a definitive direction to head.

Edited October 15, 2012 by happyslappy

[Moomin 292]

We're engaged but what we're trying to figure out is if the best course of action is to file a fiancee visa, or, marry and file an I-130 (CR-1). Given my situation in the OP, just trying to get a definitive direction to head.

The advantage of fiancee visa is you can file it now. Disadvantage is the co-sponsor issue and then after arriving in the US because there are more paper work after getting married and your fiancee can't work until after the paperwork is submitted and after she gets either greencard or work permit. Usually, that also means waiting to get driver's license.

The advantage of spousal visa is that it costs less than the fiancee petition(the total cost) and that your fiance can work immediately after arriving in the US. There's no waiting around for adjusting status like there is with the fiancee visa. Another factor is by going the spousal route, you and a potential joint sponsor can submit an affidavit of support and it is accepted at the embassy. The disadvantage by doing it this way is you cannot file until you're married and have the marriage certificate in hand(a copy of it).

Those are the basics however. In the end, it's all up to you and what's best in your situation. Overall processing times are approx the same.

[Krikit 1,164]

We're engaged but what we're trying to figure out is if the best course of action is to file a fiancee visa, or, marry and file an I-130 (CR-1). Given my situation in the OP, just trying to get a definitive direction to head.

Based on the above post I am moving this thread from IR-1/CR-1 Process to General Immigration-Related Discussion.

[jessicaruizw 9]

1.) I've been unemployed since 8/2008, only part-timing school and working under the table.

1a) I have not filed tax returns since 2008.

2.) I have a joint-sponsor (I think)

1) get a job now. flip burgers if you must. or keep working treefalling, but start paying self-employment tax so that there is a record of it.

1a) you can "backfile" for previous years. save yourself a lot of headaches and just do it. turbotax takes about 15 min per year and if you had no income you shouldn´t owe anything.

2)you know this, but "i think" isn´t going to cut it.

hope this helps. also check out this thread about filing from abroad....drastically changes the time it takes to file a cr-1

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[bigdog 376]

Give your new family a winning start, get a job and then go for it, good luck.

[happyslappy 0]

The advantage of fiancee visa is you can file it now. Disadvantage is the co-sponsor issue and then after arriving in the US because there are more paper work after getting married and your fiancee can't work until after the paperwork is submitted and after she gets either greencard or work permit. Usually, that also means waiting to get driver's license.

The advantage of spousal visa is that it costs less than the fiancee petition(the total cost) and that your fiance can work immediately after arriving in the US. There's no waiting around for adjusting status like there is with the fiancee visa. Another factor is by going the spousal route, you and a potential joint sponsor can submit an affidavit of support and it is accepted at the embassy. The disadvantage by doing it this way is you cannot file until you're married and have the marriage certificate in hand(a copy of it).

Those are the basics however. In the end, it's all up to you and what's best in your situation. Overall processing times are approx the same.

As far as I can tell, the CR-1 route would be best for us then. Thanks Moomin.

To the other posters; should read the thread in it's entirety as I stated previously that the working situation would not change at all until I either return with her, or she arrives to meet me here.

[T and P 6]

With your situation, forget the K-1. Go over, marry her, file for a CR-1 right away and enjoy your time here in SE Asia. You'll be totally square with your grandmother for a joint sponsor. Some people filing from abroad even get unknowingly expedited with USCIS (such as myself), although you do have to prove domicile (that wasn't all that hard even though I've been living with my wife in Thailand for four years).

Good luck.

[happyslappy 0]

Yeah, I've been reading this thread about accidental expedition and will stay the course as best I can, keeping my fingers crossed.

Though, my grandmother is deceased; It's actually my godmother who will (potentially) be co-sponsoring.

[jessicaruizw 9]

under the table is all I can do (ie part timing construction, treefalling, etc)

if your job will not change, do as i mentioned....start filing for self employement tax...that way you have a record of working

[happyslappy 0]

I make below the filing-requirement and I haven't a clue how to go about listing working for someone else as self-employment.

[jessicaruizw 9]

call up the IRS...i juststarted working as a indep. contractor (self employed) this year. and for self-employed i believe the minimun requirement is only $400 or something ridiculously low.

here is the IRS 800 number - http://www.irs.gov/uac/Telephone-Assistance

if you´re not working, spend some solid time on google researching.....i guess if you have a co-sponsor you don´t need to worry about how much you make, but they (uscis) are gonna ask you for your tax transcripts regardless.

[happyslappy 0]

Er, #######, really? I guess I'll have to get some things together and file backtaxes