Immigration Help for French Fiancée

[Just Paul 4,595]

18 minutes ago, ww0904 said:

Someone told me starting 24 February that would become 200%, is that true?

For a K1:

The minimum is 100%  for the petition to be considered at the consulate.   The more you have the better.  The consulate officer will take into consideration the totality of the circumstances and can still refuse a visa under the terms of public charge.

 

When doing to AOS the minimum is 125%.  More than 125% is better

 

10 minutes ago, ww0904 said:

No, if she finds a job through the VIE program and is granted a J-1 (I believe) visa to come and work in the United States, then we are living together and apply for AOS. That isn't possible?

A J-1 is not dual intent.   It is VISA fraud to enter on one visa with the intent to adjust.

[ww0904 0]

1 minute ago, Paul & Mary said:

For a K1:

The minimum is 100%  for the petition to be considered at the consulate.   The more you have the better.  The consulate officer will take into consideration the totality of the circumstances and can still refuse a visa under the terms of public charge.

 

When doing to AOS the minimum is 125%.  More than 125% is better

 

A J-1 is not dual intent.   It is VISA fraud to enter on one visa with the intent to adjust.

What is the minimum for a CR-1 Visa? As of now I have about 20% of that to my name, and no job for the time being... I'm afraid I meet none of those requirements...

 

I understand, thank you.

[Boiler 45,527]

Well VISA is a credit card but it would be visa fraud.

[carmel34 3,633]

As the USC petitioner, to get a CR-1 spousal visa for your wife, you will need to return to the US and find a job that makes enough to sponsor her.  Or find a qualified joint sponsor who makes enough.  If you want to minimize your time apart, then a joint sponsor will be necessary.  Sounds like you will have to weigh the issue of time apart vs. living in the US together eventually.  Such are the trials of international relationships.  We have all done it.  My husband and I lived apart for two years, with frequent visits to see each other.  It sucks but sometimes there's no other way.  Look at the long-term, where you want to live, work, etc.  It's complicated, expensive, frustrating.  Good luck, I hope it all works out for you in the end.

[Just Paul 4,595]

Just now, ww0904 said:

What is the minimum for a CR-1 Visa? As of now I have about 20% of that to my name, and no job for the time being... I'm afraid I meet none of those requirements...

The I-864 amount for a CR-1 visa is 125% of the poverty line.  Come back to the US and hussle.

[Mike E 11,739]

40 minutes ago, missileman said:

Stay away from Reddit.  It is full of misinformation.  

fwiw the advice he got on reddit is entirely consistent with the advice he is getting here.  

[Crazy Cat 41,888]

22 minutes ago, Mike E said:

fwiw the advice he got on reddit is entirely consistent with the advice he is getting here.  

Thanks.....I was speaking in general based on what others have posted on other subjects...but that stuff about entering on a J-1 is not good advice....

[Crazy Cat 41,888]

48 minutes ago, ww0904 said:

What is the minimum for a CR-1 Visa? As of now I have about 20% of that to my name, and no job for the time being... I'm afraid I meet none of those requirements...

 

I understand, thank you.

You will be expected to show evidence of CURRENT yearly income sufficient to support a family of your size.  In the absence of sufficient current income, you may have the option of using the help of a joint sponsor or showing sufficient assets.  The Consulate Officer will consider the totality of your financial situation to make a determination of whether your spouse is likely to become a "public charge".  In addition, you will be required to show that you are current on your income tax filing or you will have to explain why you were not required to file.

Edited February 8, 2020 by missileman

[Oliversmom 250]

If you don't have a joint sponsor you are going to have to go back and get a job that meets the income requirements.  Do what I did - get 2 jobs.  It is not exactly fun but you do what you have to do to be together in the long run.  Being separated is hard.  I remember it vividly.  But you are looking at the rest of your life.  You get a job or 2 if needed.  Get set up for a place for you both to live.  And then sponsor her for the Cr1 visa.  

[SalishSea 17,837]

4 hours ago, ww0904 said:

That's very discouraging news... My family's financial situation is very bad, and very soon I might not even have a "permanent" US address to call home anymore.

 

I feel really lost and broken after learning all this. We've already been apart for over 2 years, and me coming to France for this 3 months was supposed to be the beginning of our lives together. I can't imagine being basically homeless without her for the next 12-16 months while processing the CR-1 visa...

Very common situation.  Most of us on VJ have experienced long periods of separation with our spouse/fiance.  It is part of the reality of starting a relationship with someone who lives abroad; it is simply more complicated than marrying the girl next door.

 

In the absence of a willing and eligible joint sponsor, you have no choice but to return to the US and find a job that pays adequately to qualify you as a sponsor.

[SalishSea 17,837]

4 hours ago, ww0904 said:

I spoke with someone who's French husband was here under a J-1 visa working, and they said they had no issue with AOS after getting married. I know it's not an immigration visa, but were they just lucky?

It is looked on differently if someone who is already in the US on a nonimmigrant visa spontaneously decides to marry whilst here.  That is not your situation.  In your case, it would be immigration fraud.  Illegal.  Don't do it.

[Crazy Cat 41,888]

@ww0904, the immigration process demands a great deal of Knowledge, Planning, Time, Patience, and Money.  @Jorgedig is correct.  Most of us have had to endure separation.  It sucks....but it can be done.

[SalishSea 17,837]

4 hours ago, ww0904 said:

I feel really lost and broken after learning all this. We've already been apart for over 2 years, and me coming to France for this 3 months was supposed to be the beginning of our lives together. I can't imagine being basically homeless without her for the next 12-16 months while processing the CR-1 visa.

This is why you need to read and research as much as you can.  Marriage to a USC alone confers no immigration benefit.  Now is the time to grow up a bit and do the hard work required to get what you want.  Even if this means long periods of separation, working 2-3 jobs, scrimping and saving, going without, etc.

 

US immigration is expensive (have you looked at the fees?) and very time-consuming.  Stick around here on VJ and you will begin to get the information and advice you need to make it work.

[Foibh 39]

If your living situation is better in France then it might behoove you to apply for a French long stay visa as a spouse. The application is free for spouses (maybe $38 for processing or something like that). It certainly won’t hurt. Or at least I don’t think there are any questions asking if you’ve applied for residency of another country.