A Few Specific Questions

[Zan1 4]

Hi everyone! 

 

The helpful people over on the K-1 forum suggested that my fiancée and I should look into the CR-1 for our particular situation and after doing some research, we have a few questions we were hoping we could get clarified. 

 

Backstory: my fiancée (petitioner) and I (New Zealand citizen) have been living in Canada together for the past 2 years. She's been completing her masters so she's had very little income over that time. 

We're both currently visiting family in California before heading to New Zealand to work and travel and wait out as much of the visa process as we can so we can settle down together and build our lives in the States. 

We're hoping to ask my fiancée's mum to be a joint sponsor as we've both only had Canadian based income for the past 2 years, but we haven't decided how best to approach that question yet. 

 

Questions:

 

If my fiancée wanted to head back to the States to start job hunting before my CR-1 is granted, would I be able to visit and stay on a 3 month tourist visa while I wait for the final part of the process to finish? 

 

We've noticed that different USCIS locations have different processing times. Do we have to send our I-130 to a specific location, or can we pick the one with the lowest processing time? Can we just send it to the US Embassy in NZ? 

 

We're sure you get the processing time question a lot so sorry! But we've seen estimates as low as 8 months and as long as 18 months. Assuming we do our paperwork correctly, and coming from New Zealand, are we likely to be in the lower range? 

 

If we can get my fiancée's mum to sponsor our affidavit of support, is it possible to transfer that affidavit of support over to my fiancée once she's established a job and income, or is her mum tied into it forever?

Is there an alternative route that doesn't require a joint sponsor based on the totality of earning potential or anything weird like that? Basically, if my fiancée's family don't feel comfortable committing to something so big, are we screwed? 

 

Thanks very much for reading and helping us out with our many questions! We really appreciate it! 

[Boiler 46,322]

There is no 3 month tourist visa.

No transfer of the I 864, but should not last for ever.

Year or so for processing, looking forward is tricky.

 

[Zan1 4]

1 minute ago, Boiler said:

There is no 3 month tourist visa.

 

Sorry I guess it's not technically a visa, but I was thinking of the Visa Waiver Program which is supposed to allow me to stay for 90 days as a tourist. 

[Dashinka 24,930]

8 minutes ago, Zan1 said:

Hi everyone! 

 

The helpful people over on the K-1 forum suggested that my fiancée and I should look into the CR-1 for our particular situation and after doing some research, we have a few questions we were hoping we could get clarified. 

 

Backstory: my fiancée (petitioner) and I (New Zealand citizen) have been living in Canada together for the past 2 years. She's been completing her masters so she's had very little income over that time. 

We're both currently visiting family in California before heading to New Zealand to work and travel and wait out as much of the visa process as we can so we can settle down together and build our lives in the States. 

We're hoping to ask my fiancée's mum to be a joint sponsor as we've both only had Canadian based income for the past 2 years, but we haven't decided how best to approach that question yet. 

 

Questions:

 

If my fiancée wanted to head back to the States to start job hunting before my CR-1 is granted, would I be able to visit and stay on a 3 month tourist visa while I wait for the final part of the process to finish? 
 

yes

8 minutes ago, Zan1 said:

 

We've noticed that different USCIS locations have different processing times. Do we have to send our I-130 to a specific location, or can we pick the one with the lowest processing time? Can we just send it to the US Embassy in NZ? 
 

The processing center is based on the address of the petitioner.  Additionally, cases can be moved around within USCIS for workload balance.

8 minutes ago, Zan1 said:

 

We're sure you get the processing time question a lot so sorry! But we've seen estimates as low as 8 months and as long as 18 months. Assuming we do our paperwork correctly, and coming from New Zealand, are we likely to be in the lower range? 
 

In general, from I130 to visa issuance of a CR1 visa, the best estimate is 14-18 months.  Most of that time is spent at USCIS and NVC.  Being from NZ may impact you after the interview when a case moves to AP prior to the visa being issued.

8 minutes ago, Zan1 said:

 

If we can get my fiancée's mum to sponsor our affidavit of support, is it possible to transfer that affidavit of support over to my fiancée once she's established a job and income, or is her mum tied into it forever?
 

Your wife also has to fill out an I864 and is the primary sponsor regardless.  I am not aware of anyone canceling the I864 responsibilities,.but they do end after 40 quarters of work by the immigrant, or upon naturalization.

8 minutes ago, Zan1 said:

Is there an alternative route that doesn't require a joint sponsor based on the totality of earning potential or anything weird like that? Basically, if my fiancée's family don't feel comfortable committing to something so big, are we screwed? 
 

The only other way of your spouse meeting the I864 requirements alone is to use assets.  I believe the assets have to be worth at least 3 times the poverty level for the household size, but I could be wrong about that.

8 minutes ago, Zan1 said:

 

Thanks very much for reading and helping us out with our many questions! We really appreciate it! 

Good Luck!

[Dashinka 24,930]

2 minutes ago, Zan1 said:

Sorry I guess it's not technically a visa, but I was thinking of the Visa Waiver Program which is supposed to allow me to stay for 90 days as a tourist. 

The VWP can be used to visit during the processing, but it is advised not to abuse it.  For example, do not come to the US and stay 90 days, leave and come back a month later for another 90 days.  That may work a couple of times, but subsequent visits may be scrutinized.

[payxibka 10,047]

16 minutes ago, Zan1 said:

 

If we can get my fiancée's mum to sponsor our affidavit of support, is it possible to transfer that affidavit of support over to my fiancée once she's established a job and income, or is her mum tied into it forever?

 

No transfers.  Not forever.  There are termination events to end the i864 obligation.   US citizenship is one.  40 qualifying quarters of work is another 

[Zan1 4]

4 minutes ago, Bill & Katya said:

Your wife also has to fill out an I864 and is the primary sponsor regardless.  I am not aware of anyone canceling the I864 responsibilities,.but they do end after 40 quarters of work by the immigrant, or upon naturalization.

If I'm understanding this right, my wife would be the primary sponsor and her mum would just top up the support in order to meet the income requirements? This means that if for some reason I were to end up on welfare (hypothetically), the financial liability would first fall on my wife and secondarily her mum if my wife was unable to cover the costs?

 

I know that's not directly related to the CR-1 process, but we'd like to be able to explain exactly what her mum would be signing. 

[Boiler 46,322]

5 minutes ago, payxibka said:

No transfers.  Not forever.  There are termination events to end the i864 obligation.   US citizenship is one.  40 qualifying quarters of work is another 

And of course death.

[Boiler 46,322]

Just now, Zan1 said:

If I'm understanding this right, my wife would be the primary sponsor and her mum would just top up the support in order to meet the income requirements? This means that if for some reason I were to end up on welfare (hypothetically), the financial liability would first fall on my wife and secondarily her mum if my wife was unable to cover the costs?

 

I know that's not directly related to the CR-1 process, but we'd like to be able to explain exactly what her mum would be signing. 

The I 864 says it all, not a long document.

[Zan1 4]

7 minutes ago, Bill & Katya said:

The VWP can be used to visit during the processing, but it is advised not to abuse it.  For example, do not come to the US and stay 90 days, leave and come back a month later for another 90 days.  That may work a couple of times, but subsequent visits may be scrutinized.

For sure! Living in Canada we've made quite a few visits to the States and I've been extra conscious of using the VWP sparingly. I'd hate to mess up my chances of moving there. 

 

Glad to hear I can visit though! If we can stay in New Zealand for a year and then 3 months in the States, then we shouldn't need to spend too much time apart. Thanks for the advice! 

[LilyJ 1,258]

16 minutes ago, Bill & Katya said:

The processing center is based on the address of the petitioner

Not anymore. The service center chosen is basically random now, though I'm sure they have a set system on the outside it appears "random". But it's no longer assigned based off of petitioner's address

[LilyJ 1,258]

5 minutes ago, Zan1 said:

If we can stay in New Zealand for a year and then 3 months in the States, then we shouldn't need to spend too much time apart.

Keep in mind, though the ESTA permits for a 3 month visit, whether or not the CBP officer allows you to enter on a 3 month stay is an entirely different story. Such a long "visit" may seem fishy to them and they are able to deny you at the entry if they feel like you will not go back after that 3 months. Especially with such a long visit, you may have to give them some convincing that you will not stay and will return to your country after the visit to finish the rest of the visa

[Boiler 46,322]

2 minutes ago, LilyJ said:

Keep in mind, though the ESTA permits for a 3 month visit, whether or not the CBP officer allows you to enter on a 3 month stay is an entirely different story. Such a long "visit" may seem fishy to them and they are able to deny you at the entry if they feel like you will not go back after that 3 months. Especially with such a long visit, you may have to give them some convincing that you will not stay and will return to your country after the visit to finish the rest of the visa

It is the VWP and it is 90 days.

[LilyJ 1,258]

1 minute ago, Boiler said:

It is the VWP and it is 90 days.

Yes I know; the ESTA is the system used for the VWP, and I say "3 months" since op did and because 90 days is ~3 months

[Boiler 46,322]

12 minutes ago, LilyJ said:

Yes I know; the ESTA is the system used for the VWP, and I say "3 months" since op did and because 90 days is ~3 months

VWP pre dates ESTA, and 90 days is not the same as 3 months.