Which to begin due to complicated finances: K-1 or CR-1 visas?

[Tore 2]

Hello everyone. Firstly, I'm so happy to have found all of you here going through the same thing as me and my partner. Good luck to you all (this is my first post)!!!

My fiancée and I have moved back to our countries of citizenship and we're deciding which process to take (K-1 or CR-1 visa). My biggest concern is finances. 

My employment has been pretty unstable, it's all out of the country, and has dipped below the poverty line for 6 months while I was studying (See my yearly income below).

I have a few questions, hopefully, they haven't been answered before :

 

1. I'd like to use a joint sponsor (affidavit), I see I can do this with the CR-1 visa, can I use a joint sponsor for K-1?
2. Can I use a maternal aunt as a joint sponsor for both CR-1 and K-1?
   • My family is messy: my father passed away, my mother was ruled unfit to raise me and gave me to 2 guardians.
   • 1 guardian died, the other doesn't make enough money.
3. Will the months of unemployment, dip in salary, and frequent changing of roles be grounds to reject my visa?
4. I'll either move back to Korea or study and join an internship for a new job: do new jobs look bad?

 

*All in USD

• 2014 | 24,494.34 (Korea | ESL teacher)
• 2015 | 24,494.34 (Korea| ESL teacher )
• 3-4 months unemployment
• 2016 | 35,650.62 (Australia | Events manager)
• 2016 | 17,825.31 (Australia | Events manager) * while studying
• 2017 | 35,650.62 (Australia | ESL teacher) * while studying
  * I stayed with one company in each country even though I changed roles.

[Dutchster 1,107]

I myself went through the K-1 visa process. Considering K-1 taking almost as long as CR-1 now, and the amount of money I spent so far, I'd suggest doing CR-1.

Was very miserable during the months I couldn't work. Wish I would have done CR-1. Cheaper and your fiance(e) is a lawful permanent resident upon arrival. 

[debbiedoo 2,339]

Theyre not concerned with what your income WAS, just what it is at the time of interview and going forward.

 

With the exception of 2016, you were above the poverty line and it wouldnt be an issue.

 

If your current/present income is not stable or above the guidelines, getting a co sponsor would be a good idea.

[Russ&Caro 1,549]

My answers below aren't gospel. Others will probably weigh in and make corrections or additions.

1. I'd like to use a joint sponsor (affidavit), I see I can do this with the CR-1 visa, can I use a joint sponsor for K-1? You can use a joint sponsor for either CR1 or K1.
2. Can I use a maternal aunt as a joint sponsor for both CR-1 and K-1? Any US Citizen with qualifying income can act as your co-sponsor. Your aunt is fine if she has enough income.
   • My family is messy: my father passed away, my mother was ruled unfit to raise me and gave me to 2 guardians.
   • 1 guardian died, the other doesn't make enough money.
3. Will the months of unemployment, dip in salary, and frequent changing of roles be grounds to reject my visa? No, as long as you have a co-sponsor.
4. I'll either move back to Korea or study and join an internship for a new job: do new jobs look bad? Again, the answer is no, as long as you have a co-sponsor. However, you will need to meet US domicile requirements, so working abroad while going through this process is a little tricky.

It's good that you're focused on the finances involved. Bringing a foreign spouse to the US is an expensive proposition. One thing to consider is Direct Consular Filing (DCF). It would allow you to file while working in Korea. I'm assuming your fiancee lives in Korea, too. Then, at the end of the application process, you jump to the US and establish domicile, and soon thereafter your spouse joins you. Search "DCF" in this website to learn more. Also use the guides. In fact, I'm pretty sure there is a DCF guide too.

 

One final thing... did you file Federal US Income Tax returns for each of those years where you worked abroad? If not, one of the first orders of business is to back file returns for each of those years in the past.

 

Good luck.

[Jojo92122 1,924]

20 minutes ago, Tore said:

Hello everyone. Firstly, I'm so happy to have found all of you here going through the same thing as me and my partner. Good luck to you all (this is my first post)!!!

My fiancée and I have moved back to our countries of citizenship and we're deciding which process to take (K-1 or CR-1 visa). My biggest concern is finances. 

My employment has been pretty unstable, it's all out of the country, and has dipped below the poverty line for 6 months while I was studying (See my yearly income below).

I have a few questions, hopefully, they haven't been answered before :

 

1. I'd like to use a joint sponsor (affidavit), I see I can do this with the CR-1 visa, can I use a joint sponsor for K-1?
2. Can I use a maternal aunt as a joint sponsor for both CR-1 and K-1?
   • My family is messy: my father passed away, my mother was ruled unfit to raise me and gave me to 2 guardians.
   • 1 guardian died, the other doesn't make enough money.
3. Will the months of unemployment, dip in salary, and frequent changing of roles be grounds to reject my visa?
4. I'll either move back to Korea or study and join an internship for a new job: do new jobs look bad?

 

*All in USD

• 2014 | 24,494.34 (Korea | ESL teacher)
• 2015 | 24,494.34 (Korea| ESL teacher )
• 3-4 months unemployment
• 2016 | 35,650.62 (Australia | Events manager)
• 2016 | 17,825.31 (Australia | Events manager) * while studying
• 2017 | 35,650.62 (Australia | ESL teacher) * while studying
  * I stayed with one company in each country even though I changed roles.

Questions like yours have all been answered before.  Use the search function on VJ. :-)

 

1. You can use a JS for the CR-1.  Not all embassies/consulates accept a JS for the K-1; it's embassy/consulate/country specific.  Hopefully someone familiar with SK K-1 can fill you in, or you can search for the answer on VJ.

 

2.  Any US citizen or LPR over the age of 18 who meets the financial requirements can be your JS.

 

3.  No as long as you have a qualified JS, you don't need to worry about your unemployment, dip in salary, or frequent job changes.

 

4.  Your new job in SK does not affect meeting the financial requirements if you have a qualifed JS.  However, living in SK will be a problem with you being able to show a US domicile.  Have you looked at the domicle requirements?

[iulia.matey 25]

Hi! 

I went through K1 and would advise CR1. The waiting times have extended considerably, so unless you enjoy not working for 9 months, i'd not go for it.

[TBoneTX 45,329]

Thread is moved from the K-1 Process forum to the "What Visa Do I Need" forum.