Applying for K1, Cr-1, or marrying and doing an AoS - question

[Shadaryia 11]

Hello and Thank you. I have a new question different from my previous thread.

I know that if my fiancé leaves from his visit with me (90 day VWP) and goes back to London and we apply for the K1 - one of the requirements is that I show that I can support him, myself and my 3 children.

Same with the Cr-1 - if we marry before he leaves going back to London when his 90 day VWP is up and while he is in London we apply for a Cr-1 - I will have to show that I can support, him, myself and my 3 children.

So my question is: If we marry before his 90 day VWP is up and he stays in the U.S. and we apply for AoS - do I still have to show that I can support all of us?

Thanks so much as we try to figure out the best course of action - Everyone is greatly appreciated.

[mstee81 28]

Yes, you have to show that you make 125% above the poverty level for a house hold of 5.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited November 10, 2014 by mstee81

[Rosie1563 6]

Read the guides for AOS status at the top of this page. This is taken from the AOS guide:

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Make sure you understand the risk you are taking if you decide to go this route.. You are taking a huge risk if you really love this man. All of the forms you need to submit and download can be found in any of the guides. There is a step by step guide telling you what you need to submit.

[Shadaryia 11]

Thanks for the replies. I appreciate your answers and understand fully now where we stand for all topics. I wish you all the best.

[Pheebs1201 269]

Yes, but remember you can use a co-sponsor (especially for K1 route- London Embassy is happy for this. He can even include his own finances).

[Shadaryia 11]

Thanks Pheebs, appreciate the positive reply. All of this has me quite depressed. I wish you and yours the best.

[yuna628 9,676]

Hello and Thank you. I have a new question different from my previous thread.

I know that if my fiancé leaves from his visit with me (90 day VWP) and goes back to London and we apply for the K1 - one of the requirements is that I show that I can support him, myself and my 3 children.

Same with the Cr-1 - if we marry before he leaves going back to London when his 90 day VWP is up and while he is in London we apply for a Cr-1 - I will have to show that I can support, him, myself and my 3 children.

So my question is: If we marry before his 90 day VWP is up and he stays in the U.S. and we apply for AoS - do I still have to show that I can support all of us?

Thanks so much as we try to figure out the best course of action - Everyone is greatly appreciated.

The answer to both your questions is: yes you do have to show you can support all of those in your household, because you have to support all of you. 125% above poverty for a household of you, the spouse, and number of children.

In my case, my sister will be the co-sponsor on the financial form I-134 for the K1 (and then later the joint sponsor for the AOS process) as I do not make enough to support as I currently stay at home taking care of my elderly mom. My fiancé will not be allowed to work in the US until we marry and he applies for AOS with an employment authorization, and then later, his green card. So consider that there will be a waiting period before your spouse will be able to work, let alone factoring in various economic and employment issues.

Even with a CR1 you need to show the same support. He will be able to work with a green card much faster than the K1 process, so I'm told.

[Pheebs1201 269]

Thanks Pheebs, appreciate the positive reply. All of this has me quite depressed. I wish you and yours the best.

I understand what you're going through, being apart is unbearable. When me and my OH are apart, our time difference is eight hours and we are 5000 miles away from one and other, and I know how painful that can be.

However, I do urge you to consider your options logically and don't rush into trying to keep him in the US immediately, as others pointed out it may cause problems further down the road if you cannot prove you two didn't have intent to marry. Much better to be apart in the short term and together long term rather than the other way around.

I sincerely wish you the best of luck.

Edited November 10, 2014 by Pheebs1201

[Shadaryia 11]

What does it mean for someone to co-sponser you exactly? I have a dear friend that may help us but I do not know all the information to give her regarding it. Thanks again I appreciate all the positive and supportive replies <3

[Umka36 781]

Have the friend read the I-864 instruction on what her responsibility would be.

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

[Transborderwife 4,666]

What does it mean for someone to co-sponser you exactly? I have a dear friend that may help us but I do not know all the information to give her regarding it. Thanks again I appreciate all the positive and supportive replies <3

Your friend has to commit to being financially responsible for the intending immigrant as well as his/her own household. If the friend is single with no children this will be financially easier seeing as they would only need to make $19,662 in comparison to $34k annually. You cannot pool incomes unless you live in the same household.

It is a huge responsibility and definately not to be taken lightly. However the onus of proof of a bonafide marriage will still be on you.

[Shadaryia 11]

Thanks Transborderwife for your reply. My friend has a powerful well paying position where I live and is single without children so if she agrees it will go well in regards to that. I have read what everyone has said in this post and the previous and am taking it all to heart and so appreciate everyone. Thanks again.

Edited November 10, 2014 by Cassangel

[Transborderwife 4,666]

There you go make your decisions carefully and wisely.

[Rosie1563 6]

If you read page 7 and 8 of I-864 that is the co-sponsor contract obligations and everything she will need to adhere to. It is a legally binding contract between the co-sponsor and the US government. It also explains when her obligations as a co-sponsor would end.

[Shadaryia 11]

Thanks Rosie