K1 Interview

[KittyKat3072 235]

Hi all,

 

So I'm pretty nervous for his K1 interview in March.

I'm (petitioner) currently unemployed (full-time mom and health aid to family members) and my fiancé (beneficiary) has regular employment in Australia providing our necessary funds. We have a joint sponsor that makes well over the requirements to qualify for the joint sponsorship role. 

I've been out of solid work for 2 years now (full time parent) but I'm qualified in a field that is in demand and I'm able to start working full time once he arrives in the States. I have an employer who is eager and willing to hire me paying a good wage. 

 

I'm so nervous that they will disregard our joint sponsor and look at my glaring gap in work history and slap us with a denial, especially since I've been on Medicaid. 🥺

 

We're interviewing in Sydney, Australia.

 

Does anyone have advice or words of wisdom that will bring me to my senses and calm my nerves?

 

Thanks in advance 💜

[SalishSea 17,836]

25 minutes ago, KittyKat3072 said:

Hi all,

 

So I'm pretty nervous for his K1 interview in March.

I'm (petitioner) currently unemployed (full-time mom and health aid to family members) and my fiancé (beneficiary) has regular employment in Australia providing our necessary funds. We have a joint sponsor that makes well over the requirements to qualify for the joint sponsorship role. 

I've been out of solid work for 2 years now (full time parent) but I'm qualified in a field that is in demand and I'm able to start working full time once he arrives in the States. I have an employer who is eager and willing to hire me paying a good wage. 

 

I'm so nervous that they will disregard our joint sponsor and look at my glaring gap in work history and slap us with a denial, especially since I've been on Medicaid. 🥺

 

We're interviewing in Sydney, Australia.

 

Does anyone have advice or words of wisdom that will bring me to my senses and calm my nerves?

 

Thanks in advance 💜

Why wait to start working?  And what is your plan for his health care coverage?

 

He will be unable to work for up to 6 months after arriving.  Seems in your case a CR-1 would have been a much better choice.

[KittyKat3072 235]

2 minutes ago, Jorgedig said:

Why wait to start working?  And what is your plan for his health care coverage?

 

He will be unable to work for up to 6 months after arriving.  Seems in your case a CR-1 would have been a much better choice.

 

My insurance once I start working will cover him.

I can't work anywhere near full time at the moment due to being an aid to certain family members and children. Also paying for childcare would basically take most of my earned wage at the part-time hours that I would have. 

I'm not as concerned about when he'll be able to work here in the States. Because I'll make more than enough to cover our costs. He will stay with the (2) children and I'll be free to earn as much money as I can with no outside child care costs. 

 

Saying that CR-1 would have been a better choice is redundant in this conversation. Not only are there many personal factors in determining which visa to go with, which you have no knowledge of, there's no point in stating which visa to choose in this context. Even if I agreed with you there's nothing that I could proactively go back and change to file a CR-1. As far as the type of visa we filed for, it is a mute point. That's not the question I asked, please stay on topic.

[SalishSea 17,836]

I mentioned it because many K-1 applicants come here asking questions such as yours, having petitioned for the "fastest" visa without regard to the details, like the long wait for an EAD.

 

There is no way to predict how the CO will consider the totality of circumstances for the public charge rule.  In your favor is that Sydney is a low fraud consulate.

 

Good luck.

Edited January 17, 2020 by Jorgedig

[KittyKat3072 235]

13 minutes ago, Jorgedig said:

I mentioned it because many K-1 applicants come here asking questions such as yours, having petitioned for the "fastest" visa without regard to the details, like the long wait for an EAD.

 

There is no way to predict how the CO will consider the totality of circumstances for the public charge rule.  In your favor is that Sydney is a low fraud consulate.

 

Good luck.

I can understand that many people on here fail to read and do their own research. Then people such as yourself painstakingly answer their questions when with a simple search they could answer their own questions. I'm sure that becomes quite exhausting at times. Visa Journey wouldn't be the place that it is with out the caring people that put the time into helping others. There are so many that don't realise that or appreciate it.

Yeah the EAD, AOS, ect and the cost of the K1 as a whole is unfortunate, but one that I was acutely aware of. 

There were good amount of reasons why we settled on the K1 as our visa. Also CR-1 is an option if the K-1 is refused. 

 

Thank you

Edited January 17, 2020 by KittyKat3072

[SalishSea 17,836]

1 minute ago, KittyKat3072 said:

I can understand that many people on here fail to read and do their own research. Then people such as yourself painstakingly answer their questions when with a simple search they could answer their own questions. I'm sure that becomes quite exhausting at times. Visa Journey wouldn't be the place that it is with out the caring people that put the time into helping others. There are so many that don't realise that or appreciate it.

Yeah the EAD, AOS ect and the cost of the K1 as a whole is unfortunate, but one that I was acutely aware of. 

There were good amount of reasons why we settled on the K1 as our visa. Also CR-1 is an option if the K-1 is refused. 

 

Thank you

Totally agree.  In retrospect, we would rather have done a CR-1. The (relatively short) 4.5 months at home waiting for the EAD was hard on my husband, and we didn't have any young children to look after.  It can be hard for some guys to not be working.   After 14 months, we finally have an interview date.

[geowrian 22,337]

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

How exactly the CO assess the situation is impossible to determine. It's on a case by case basis. I've seen cases approved with near-borderline income and others refused with a $100k/year and even a $200k/year sponsor.

To be clear it's not "chance" or "luck" - it's just that the circumstances of those cases assured the CO that they would not become a public charge (or not).

 

Living abroad and without a recent work history is a decent negative. A suitable joint sponsor can be considered.

This is not a clear "likely fine" or "likely not fine" case. I wish I could point to one way or the the, but there are positives and negatives and how exactly they will be interpreted and weighed is an unknown.

 

27 minutes ago, KittyKat3072 said:

I can't work anywhere near full time at the moment due to being an aid to certain family members and children. Also paying for childcare would basically take most of my earned wage at the part-time hours that I would have. 

I'm not as concerned about when he'll be able to work here in the States. Because I'll make more than enough to cover our costs. He will stay with the (2) children and I'll be free to earn as much money as I can with no outside child care costs. 

Not to be nitpicky, but the bolded statements jumped out to me. You state that you can cover your costs, but that childcare costs alone would basically wipe out your income. Childcare is expensive, but there are considerable fixed and living expenses beyond childcare...let alone if something unexpected were to happen.

Edited January 17, 2020 by geowrian

[KittyKat3072 235]

12 minutes ago, geowrian said:

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

How exactly the CO assess the situation is impossible to determine. It's on a case by case basis. I've seen cases approved with near-borderline income and others refused with a $100k/year and even a $200k/year sponsor.

To be clear it's not "chance" or "luck" - it's just that the circumstances of those cases assured the CO that they would not become a public charge (or not).

 

Living abroad and without a recent work history is a decent negative. A suitable joint sponsor can be considered.

This is not a clear "likely fine" or "likely not fine" case. I wish I could point to one way or the the, but there are positives and negatives and how exactly they will be interpreted and weighed is an unknown.

 

Not to be nitpicky, but the bolded statements jumped out to me. You state that you can cover your costs, but that childcare costs alone would basically wipe out your income. Childcare is expensive, but there are considerable fixed and living expenses beyond childcare...let alone if something unexpected were to happen.

 

I'm (petitioner) living in the States not abroad.

 

I can see how the bolded text would be confusing. I would be working in a completely different field once he gets here. I'm comparing a part time job to a professional career. 

 

Thanks

[Boiler 45,525]

I sort of assumed you were in the US but can see how others may have thought otherwise.

 

As you said you made your choice for whatever reason so all you can do now is wait and find out, I can see it could be an issue but that will be a judgement call by the CO.

[KittyKat3072 235]

8 hours ago, Jorgedig said:

Totally agree.  In retrospect, we would rather have done a CR-1. The (relatively short) 4.5 months at home waiting for the EAD was hard on my husband, and we didn't have any young children to look after.  It can be hard for some guys to not be working.   After 14 months, we finally have an interview date.

I agree. The CR-1 is a far superior visa and it has many more benefits then the K-1. It was a hard decision to settle on the visa we did.

 

I'm lucky, my partner is more than happy to stay home and take care of kids and the house, etc. He's looking forward to being a constant caregiver to them, especially after being out of their life for the length of time he's been. He's a homebody and one of the most laid back go with the flow people I've met. He views moving to the States as a decision for our family not just himself. That he's basically coming home to his family and he's completely grateful to be here (when he is). 

 

I guess I have the CR-1 to look forward to if the K-1 is refused. Hopefully it's a matter of when, not if he will be here permanently.