Odd Circumstances: K1 or CR1? Need advice greatly.

[slk1995 4]

I understand that everyone here (especially couples starting out with any visa process) are in dire need of help, hence why we are all here supporting one another on VJ. I've been doing some immense reading up on previous K1 related forum posts, hoping to find solid advice without needing to make a post myself. But, like all of us here, my fiance and I are struggling to make a choice: K1 OR CR1 VISA? 

 

Like everyone else, him and I have our specific circumstances. I'm in the US, he's from Australia. I do have an attorney I can consult with further, but some general opinions from people in a similar boat would be nice as back up. So, if anyone can read over what our situation looks like and provide some honest/knowledgeable input, Craig and I would strongly appreciate it. I can help you out too as well, of course.  I'm just going to briefly explain our love story, and after list out my major questions in bold (feel free to skip the lovey-dovey stuff if you want, haha):

 

So, I'm 22. Craig (fiance) is 53. We met online April 2015; discovered we had a lot in common (mainly spiritual/general life beliefs/values;spiritual as in Pagan-related beliefs, interest in tarot cards, etc). So, we developed a platonic overseas friendship. He'd teach me a lot about reading tarot, like-minded spiritual studies, etc. Wrote and called constantly for months. We met on a site when I was 20, he was 50. We bonded fairly well. Of course, I started falling head over heels. He liked me as well. But, we decided then that a relationship would be impossible, considering our age gap and distance. So, we both let it go. But of course, we tried moving on from our "pen-palship" many times, to inevitably confess our feelings remained summer 2016. So, he booked a flight and came to my hometown to meet me October 2016. Then, the real love story began. He proposed April of this year.  Visited me four times in the last year (his job's pay in Australia helps to make travel expenses far more possible for him). So yes, we've been engaged since mid-April. We know we want to pursue him coming to the US to start married life together, but we simply can't decide which visa to go for. 

 

Where things stand now, I'm being convinced the K1 is the better bet for us. Below are my questions/concerns: 

 

1. My attorney told me about the "marriage in US (on VWP), immediate AOS after a legal wedding" option. At first, my attorney explained it. It started to sound like an option, but then he told me of the major "potential green card denial/deportation" risk associated with this option. So, if we went and carried that out, wouldn't we become stuck with a chaotic situation of facing immigration officers later, having to explain our marriage with only a VWP to start was "unplanned?" I'm starting to be against this option altogether; I wouldn't want to eventually have to watch him leave the states over something we could have prevented. Have any of you actually went with this option? If so, how did it go for you and your spouse? Basically, should we DITCH this as an option altogether? 

 

2. Major issue we will have: CO-SPONSORSHIP. My family is extremely against my engagement mainly due to the age gap and fears of him being a foreigner trying to use me for the US. Plausible concerns enough. So, I let my attorney know my relatives are not options AT ALL to co-sponsor him with me. We do have potential options for this though, as far as mutual friends we both have in the states. My attorney said a friend can co-sponsor, as long as they obviously meet the USCIS financial guidelines. Will USCIS try to argue that since the co-sponsor would not be someone in my family, that it should be more likely to be denied? Or, can we also provide evidence in our petition that both of us know selected person, and have the co-sponsor provide a signed witness statement stating that they know us/our relationship is valid/they consent to co-sponsor? Also, a lot of our friends don't live in my state. Some do, but not many. Does the co-sponsor have to be in the state we'd marry in? 

 

3. Evidence of bona-fide relationship: slight issue. I have actually NOT been to Sydney yet. I have met my fiance's sons, parents, sister, brother, and lifelong friends of his over many video calls. They and I are connected on Facebook (besides his sons) and have had much dialogue since the beginning of the relationship about our plans and the future. I have not been to Sydney yet due to the fact that 1) my parents withheld my passport for several months. 2) I've honestly had major anxiety over the flight (I have a diagnosed anxiety disorder) so I've been too afraid to fly out there and to return home. But, I DO and HAVE had honest dialogue with his family from overseas. So, as a part of the bona-fide proof, could we get his relatives on different video calls, screenshot pictures of  each call with the immediate relatives, and then ALSO provide individual photo of each person that was on each video call, to confirm each image is actually each relative I'm proving I've gotten to know, and then him and I sign every image? Could this help or no? 

 

For now, my questions remain there. I'd really appreciate any advice or insight.

 

 

 

 

[Illiria 980]

1. Using the vwp to enter the us with intent to marry and then stay and adjust is immigration fraud and your attorney should not be suggesting it as a plan. Yes you can adjust status once in the us if circumstance change after entering the us but to do it with preconceived intent is fraud. I would recommend reporting them to the bar especially if you have this advice in writing.

 

2. Cosponsor only needs to be either a us citizen or us legal resident in the us, doesn’t have to be related to you but given the financial ramifications I wouldn’t do it for a mate especially if I only knew them online. 

 

3. For fiancé petition you only have to show evidence of having met in at some point within the last two years. For the visa interview have photos together and copies of any correspondence. To be honest it doesn’t really take much evidence for Australia, maybe a little more due to the age gap but younger women is more socially acceptable to American and Australian culture. The embassy and the USCIS do not accept digital evidence such as videos so you wouldn’t be able to use that. 

 

You say your parents withheld your passport, this is illegal and you could have gone to the police to report it as stolen and gotten a new one. 

 

Can I present an alternative plan which will allow you to go see where he lives, see a bit of the world, develop your relationship, and gain experience and independence away from your parents - Australia and New Zealand have some excellent working holiday visas where you can go over and work and explore the country without you or your partner having to commit to living in a new country permanently. This way you can increase the amount of relationship evidence while avoiding having to be apart then closer to the time of your visa there running out say with 6 months left you can submit the application for petition and move back, get a job, and not need to rely on cosponsors. I have friends who have done this and loved it, really added to their resume as well.

Edited November 30, 2017 by Illiria
Clarity

[RO_AH 1,659]

Number 1 is immigration fraud so as per terms on this site no one can recommend this option.

 

Number 2 I read somewhere that they also take the beneficiaries income potential into consideration. Not sure how that works so you will need to research that, or maybe someone else here can answer to that. I remember reading in one of your other post that he had unique or special job skills. Either way you can do your best to find an adequate co sponsor.  In this regard I think you are better off going with a CR-1 than a K-1 because he would be able to work immediately after arriving.

 

Number 3, I think you are overthinking what qualifies as a bona fide relationship.Pictures together, chats together, travel records, etc., etc. I am applying for a CR-1 next month and my wife has never met or talked to anyone in my family. Who cares that has nothing to do with our relationship. You need to prove your relationship, that's it.

 

Your biggest worries are age difference, co-sponsor, and proof of bona fide relationship. I think you are worrying more than you have to on all of them. You can also do all of this without a lawyer. I still think a CR-1 is the way to go because it already shows a stronger commitment to the relationship which takes away some of the things you are worrying about (age difference and bona fide relationship). But that's my personal opinion.

[slk1995 4]

9 minutes ago, Illiria said:

1. Using the vwp to enter the us with intent to marry and then stay and adjust is immigration fraud and your attorney should not be suggesting it as a plan. Yes you can adjust status once in the us if circumstance change after entering the us but to do it with preconceived intent is fraud. I would recommend reporting them to the bar especially if you have this advice in writing.

 

2. Cosponsor only needs to be either a us citizen or us legal resident in the us, doesn’t have to be related to you but given the financial ramifications I wouldn’t do it for a mate especially if I only knew them online. 

 

3. For fiancé petition you only have to show evidence of having met in at some point within the last two years. For the visa interview have photos together and copies of any correspondence. To be honest it doesn’t really take much evidence for Australia, maybe a little more due to the age gap but younger women is more socially acceptable to American and Australian culture. The embassy and the USCIS do not accept digital evidence such as videos so you wouldn’t be able to use that. 

 

You say your parents withheld your passport, this is illegal and you could have gone to the police to report it as stolen and gotten a new one. 

 

Can I present an alternative plan which will allow you to go see where he lives, see a bit of the world, develop your relationship, and gain experience and independence away from your parents - Australia and New Zealand have some excellent working holiday visas where you can go over and work and explore the country without you or your partner having to commit to living in a new country permanently. This way you can increase the amount of relationship evidence while avoiding having to be apart then closer to the time of your visa there running out say with 6 months left you can submit the application for petition and move back, get a job, and not need to rely on cosponsors. I have friends who have done this and loved it, really added to their resume as well.

Hey! Thanks for the response. I will respond to each comment you've made. 

 

1. I only saw this lawyer for one consultation; there is no contract signed, thank goodness. I got sketchy to when he tried stating that as an "option." That's why I questioned it. :'D 

 

2. Craig has actually met a decent amount of his American friends in person. Some came out to my state last year so everyone could meet. Plus, he has met the majority of my friends of various legal ages. So, for cosponsorship, we can provide that evidence if needed. 

 

3.The passport; this was months ago. I knew this was illegal behavior, so after nicely asking several times, I did send them a legal threat to call for a sheriff's escort to come request the passport with law enforcement. So, they finally saw the stupidity in withholding, civilly gave it back. Now it's on me, always hidden in case. 

 

4. The alternative idea: Good thinking, but again circumstances. I'm actually close to landing a full time gig related to my near future college studies with the resume I've already got developed. Pays well, and it will at least meet the MINIMUM poverty line, if I get the offer this week. Oh. I forgot to mention this- definitely need advice- AGAIN, MY PARENTS ARE STILL WITHHOLDING MY TAX HISTORY FROM BEGINNING OF MY WORKING LIFE UNTIL NOW. I will need this info, birth certificate, whatever other legal docs are required, to file the I-129F...and, I forgot to add, they kicked me out when they discovered Craig two weeks before his first visit here to meet me. So, I lived with friends and on my own for 10 months. I moved back home in July due to a potentially dangerous woman I was living with. Only reason why I moved back. I have plans to move out again hopefully by April. My life's already going to productive places here in IL, so I'd rather stay and financially improve myself where him and I would be residing. Plus, if I even TRIED getting a work visa or school visa for Sydney, I highly doubt I'd be approved regardless. So, our plan is for him to stay there and continue his work, and for me to either obtain this good job or get back into college next semester. 

[slk1995 4]

4 minutes ago, RO_AH said:

Number 1 is immigration fraud so as per terms on this site no one can recommend this option.

 

Number 2 I read somewhere that they also take the beneficiaries income potential into consideration. Not sure how that works so you will need to research that, or maybe someone else here can answer to that. I remember reading in one of your other post that he had unique or special job skills. Either way you can do your best to find an adequate co sponsor.  In this regard I think you are better off going with a CR-1 than a K-1 because he would be able to work immediately after arriving.

 

Number 3, I think you are overthinking what qualifies as a bona fide relationship.Pictures together, chats together, travel records, etc., etc. I am applying for a CR-1 next month and my wife has never met or talked to anyone in my family. Who cares that has nothing to do with our relationship. You need to prove your relationship, that's it.

 

Your biggest worries are age difference, co-sponsor, and proof of bona fide relationship. I think you are worrying more than you have to on all of them. You can also do all of this without a lawyer. I still think a CR-1 is the way to go because it already shows a stronger commitment to the relationship which takes away some of the things you are worrying about (age difference and bona fide relationship). But that's my personal opinion.

Thanks for the reply as well. The beneficiary is the foreign fiance again, correct? I forgot to mention Craig has an extreme financial upperhand on his own end. He has a saved up superannuation. He can access it if he was moving to a new country. Plus, his employment history is strong out there. He's a crane operator. The co-sponsor part is what's worrying me the most. We're trying to end the separation, so I'm thinking the k1. Have to talk to him on the phone on Saturday when he's not at work more in depth. 

[RO_AH 1,659]

12 minutes ago, slk1995 said:

Oh. I forgot to mention this- definitely need advice- AGAIN, MY PARENTS ARE STILL WITHHOLDING MY TAX HISTORY FROM BEGINNING OF MY WORKING LIFE UNTIL NOW. I will need this info, birth certificate, whatever other legal docs are required, to file the I-129F...and, I forgot to add, they kicked me out when they discovered Craig two weeks before his first visit here to meet me. So, I lived with friends and on my own for 10 months. I moved back home in July due to a potentially dangerous woman I was living with. Only reason why I moved back.

Put on your big girl pants. Tax history (transcripts) can be mailed to you with 1 call to IRS. Maybe go get yourself a PO Box so your parents can't intercept the transcripts when they are mailed to you. Find out how to obtain your own copy of your birth certificate from the state that you were born in. I just recently ordered mine (online) from California even though my mom still has my original and would have gladly given it had I asked. Just understand your parents are not in agreement with what you are doing and will not help you. Time to grow up, be an adult, and get er done yourself. Your parents may actually come to respect you and your decision more when they see you taking full responsibility.

[Illiria 980]

30 minutes ago, slk1995 said:

Hey! Thanks for the response. I will respond to each comment you've made. 

 

1. I only saw this lawyer for one consultation; there is no contract signed, thank goodness. I got sketchy to when he tried stating that as an "option." That's why I questioned it. :'D 

 

2. Craig has actually met a decent amount of his American friends in person. Some came out to my state last year so everyone could meet. Plus, he has met the majority of my friends of various legal ages. So, for cosponsorship, we can provide that evidence if needed. 

 

3.The passport; this was months ago. I knew this was illegal behavior, so after nicely asking several times, I did send them a legal threat to call for a sheriff's escort to come request the passport with law enforcement. So, they finally saw the stupidity in withholding, civilly gave it back. Now it's on me, always hidden in case. 

 

4. The alternative idea: Good thinking, but again circumstances. I'm actually close to landing a full time gig related to my near future college studies with the resume I've already got developed. Pays well, and it will at least meet the MINIMUM poverty line, if I get the offer this week. Oh. I forgot to mention this- definitely need advice- AGAIN, MY PARENTS ARE STILL WITHHOLDING MY TAX HISTORY FROM BEGINNING OF MY WORKING LIFE UNTIL NOW. I will need this info, birth certificate, whatever other legal docs are required, to file the I-129F...and, I forgot to add, they kicked me out when they discovered Craig two weeks before his first visit here to meet me. So, I lived with friends and on my own for 10 months. I moved back home in July due to a potentially dangerous woman I was living with. Only reason why I moved back. I have plans to move out again hopefully by April. My life's already going to productive places here in IL, so I'd rather stay and financially improve myself where him and I would be residing. Plus, if I even TRIED getting a work visa or school visa for Sydney, I highly doubt I'd be approved regardless. So, our plan is for him to stay there and continue his work, and for me to either obtain this good job or get back into college next semester. 

Cool you have a plan, for anyone else reading and interested the working holiday is very easy to get and so long as you are young enough you qualify no need for an employer to sponsor which is very different to us visas but it doesn’t fit into your particular plan so that’s all good.

 

I agree with either not starting process until you have moved out and moved your official address for all your documents to the new place or have opened a po box for these things as your parents have form for withholding official documents from you.

 

I think you can even get your tax transcripts in person from some irs offices. 

 

They dont take potential income ability of beneficiary into consideration unless the beneficiary is self sponsoring from an existing visa in the us.

 

The downside of a k1 is that it costs more and he won’t be able to work for months after he gets here which can get super boring.

Edited November 30, 2017 by Illiria

[RO_AH 1,659]

13 minutes ago, slk1995 said:

Thanks for the reply as well. The beneficiary is the foreign fiance again, correct? I forgot to mention Craig has an extreme financial upperhand on his own end. He has a saved up superannuation. He can access it if he was moving to a new country. Plus, his employment history is strong out there. He's a crane operator. The co-sponsor part is what's worrying me the most. We're trying to end the separation, so I'm thinking the k1. Have to talk to him on the phone on Saturday when he's not at work more in depth. 

Yes the beneficiary would be the one immigrating. Remember that if you go the K-1 route it will be several months before he can work in the US. That is one reason I recommend the CR-1. 

 

26 minutes ago, slk1995 said:

I'm actually close to landing a full time gig related to my near future college studies with the resume I've already got developed. Pays well, and it will at least meet the MINIMUM poverty line, if I get the offer this week.

Well if you get 125% of the poverty line for a household of 2 you won't even need to worry about a co sponsor.

[slk1995 4]

28 minutes ago, RO_AH said:

Yes the beneficiary would be the one immigrating. Remember that if you go the K-1 route it will be several months before he can work in the US. That is one reason I recommend the CR-1. 

 

Well if you get 125% of the poverty line for a household of 2 you won't even need to worry about a co sponsor.

I understand that. That's the part that worries us both, obviously. Technically yes, he'll have a good deal of money by that point to start out in America, but without work of course money drains fast. So yes, it's an extreme worry. I'm pretty confident with this job I'd only meet the minimum for the year. It starts out as temp to hire for 4 months, full time, 5 days a week.  

 

New Question: Does the k1 process ever ask for the beneficiary's financial records like tax or anything in their home country? Can evidence of his superannuation be used to convey to help reassure USCIS that he won't become a financial burden, plus myself, and the co-sponsor? 

Edited November 30, 2017 by slk1995
Added something

[RO_AH 1,659]

23 minutes ago, slk1995 said:

New Question: Does the k1 process ever ask for the beneficiary's financial records like tax or anything in their home country? Can evidence of his superannuation be used to convey to help reassure USCIS that he won't become a financial burden, plus myself, and the co-sponsor? 

Here is what USCIS Says:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

 

So I would think that he could bring all of his work and financial records himself to make the case that he will not become a public charge. Also note that most times they will not even ask for the I-134 (clearly states may  request), however you should still be prepared. Either way that is nothing to worry about until the interview stage.

[slk1995 4]

12 minutes ago, RO_AH said:

Here is what USCIS Says:

Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

 

So I would think that he could bring all of his work and financial records himself to make the case that he will not become a public charge. Also note that most times they will not even ask for the I-134 (clearly states may  request), however you should still be prepared. Either way that is nothing to worry about until the interview stage.

I've seen that on the official site too. Can easily send this over to Craig now.  Like said, I've SEEN that. I asked my attorney if he could alsoooo provide evidence of support. The lawyer said "no"....?? But you'd think they can also chip in (as in, the beneficiary).

[slk1995 4]

So, I guess my question now is, can I have Craig send me copies of official documentation of his Aussie taxes, employment (like payslip examples), and proof of his superannuation amount if he were to withdraw it for himself as well as my info and a co-sponsor? 

[RO_AH 1,659]

1 hour ago, slk1995 said:

So, I guess my question now is, can I have Craig send me copies of official documentation of his Aussie taxes, employment (like payslip examples), and proof of his superannuation amount if he were to withdraw it for himself as well as my info and a co-sponsor? 

Well he don't need to send it to you, he just needs to have it ready for the interview. Make sure to follow the guides

 

Here are the differences in visa types (disregard K-3)

 

Here are the individual guides:

K-1

CR-1

 

 

[Ontarkie 14,218]

If you're worry about money being tight or him wanting to work. Get married on the next visit and then start the CR1 process. He can work almost right away that way. 

[slk1995 4]

30 minutes ago, Dee elle said:

I question the statement that he can access his superannuation,, Australian superannuation that has been accumulated as pre tax-    which will be the majority of most people's super funds, is unable to be accessed until a person is both permanently retired AND reaches the preservation age based on his year of birth,.  His preservation age is likely to be at around  60 years old.  Unless he has been a temporary resident of Australia while this money has been earnedj, he cannot access it just because he is moving overseas. It just doesnt work that way. I speak from personal experience , having worked most of my life in Australia, migrated to the US 12 months ago and having gone through the release process for both my husbands and my super funds..we are both retired and have reached preservation age .   I would encourage you to read the requirements for yourself on the following link,  and confirm with him what he has told you. 

https://www.superguide.com.au/accessing-superannuation/legal-ways-to-withdraw-your-super-benefits

Thanks for the link and experience of yours provided. I'm definitely looking into this link.