Education of the beneficiary/ CR1 i 130

[UT&LAH 0]

Do they check for education of the beneficiary at the interview before issuing the CR1? What if someone doesn’t have a college degree? Can they reject the case?

[bakphx1 789]

No, the CR1 doesn’t have an education requirement like some others do.  My husband was approved and hadn’t yet received his.  But even if he weren’t in school it wouldn’t have mattered.

 

The only things they look at is if the relationship is genuine and that you have a sponsor (usually but not always the spouse).

[geowrian 22,337]

There is no education requirement for family-based immigration.

 

The education (edit: or more precisely, skills & opportunities) can be considered as part of the public charge determination, so far as how it may or may not impact their ability to work or earn income.

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Quote

e. (U) Education and Work Experience: 

(1)  (U) For applicants with an approved Form I-140, Immigrant Petition for Alien Worker, you should review the applicant's education and work experience to determine if these are compatible with the duties of the applicant's job offer (if any).  

(2)  (U) You should consider the applicant's skills, length of employment, and frequency of job changes.  You may conclude that work experience is evidence of skills.

(3)  (U) Even if a job offer is not required for the visa classification, you should assess the likelihood of the alien's ability to become or remain self-sufficient in the United States.  (See paragraph f below.)  You may consider employment plans or tentative job offers as evidence towards the totality of the circumstances for non-Employment based applicants.

(4)  (U) Employment Considerations and the I-864:  You may not consider an offer of employment to an applicant in place of a Form I-864 in cases where the I-864 is required.  For more information on the impact of employment on the affidavit of support requirement see 9 FAM 302.8-2(C)(1) paragraph c.

 

Edited September 10, 2019 by geowrian

[UT&LAH 0]

41 minutes ago, geowrian said:

There is no education requirement for family-based immigration.

 

The education (edit: or more precisely, skills & opportunities) can be considered as part of the public charge determination, so far as how it may or may not impact their ability to work or earn income.

https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

So this does only apply for i 140 right? Cause I’ve petitioned for my spouse and he doesn’t have a college degree. But has been working as an Executive in Administration for about 2 and half years. First starting as an Admin Assistant then promoted. Do you think it’ll be a problem for us? Cause he doesn’t have any Bachelor's degree. 

 

Thanks

[geowrian 22,337]

5 hours ago, LPED said:

So this does only apply for i 140 right? Cause I’ve petitioned for my spouse and he doesn’t have a college degree. But has been working as an Executive in Administration for about 2 and half years. First starting as an Admin Assistant then promoted. Do you think it’ll be a problem for us? Cause he doesn’t have any Bachelor's degree.

Only item #1 in my above quote applies to I-140 applicants. A spouse petitioner/beneficiary would still be subject to the other 3 points.

That said, it doesn't sound like an issue in your case. He is employable with a work history. A bachelor's degree is certainly not required.

[carmel34 3,639]

10 hours ago, LPED said:

Do they check for education of the beneficiary at the interview before issuing the CR1? What if someone doesn’t have a college degree? Can they reject the case?

My husband was asked about his work history in Brazil at his CR-1 interview in Rio, he has no college degree and was approved with no problem.  It might depend on your income and possible public charge concerns if your income or joint sponsor income is borderline.  Good luck!

[UT&LAH 0]

2 minutes ago, carmel34 said:

My husband was asked about his work history in Brazil at his CR-1 interview in Rio, he has no college degree and was approved with no problem.  It might depend on your income and possible public charge concerns if your income or joint sponsor income is borderline.  Good luck!

Oh thank you very much for the info. 

[Ryan H 3,815]

Moved from Progress Reports to Process & Procedures.