Worried k1 visa will be refused by co-sponsor

[RM1996 4]

Hey guys, 

 

My partner doesn't work and we are relying on her Mother being our co-sponsor. My partner has never filed any US taxes either. Her Student visa here in Australia ends at the end of 2021 and she will be returning back to the states then, we are hoping that the visa will approved by then (yes high hopes i know). I've seen heaps of people being denied their K1 visa even though the co-sponsor earns double over the threshold and i'm stressing as i do not want to let this happen in the process.

 

What is the likely chance that this will happen to us? I know the Sydney Embassy accepts co-sponsors although i know that the form I-134 has almost no legal weight which is often the denial, which could leave me potentially ineligible for the visa. My partner has no cash assets or any what so ever. She relies on her mum and I support her here as I work as a nurse. 

 

 I would really prefer as much advice on K1 visa  or any other solution about getting married together in the states.
 

I understand the CR1 route Co-sponsor form is legally binding, would this be a better option?  I just don’t want to be declined and have to start the process over again. Just want the safest option. 
 

Thanks so much for everyone's amazing advice.

[Boiler 45,780]

Why a K1? How are you going to fund the long period before you can work?

[Crazy Cat 41,985]

 

41 minutes ago, RM1996 said:

 

Hey guys, 

 

My partner doesn't work and we are relying on her Mother being our co-sponsor. My partner has never filed any US taxes either. Her Student visa here in Australia ends at the end of 2021 and she will be returning back to the states then, we are hoping that the visa will approved by then (yes high hopes i know). I've seen heaps of people being denied their K1 visa even though the co-sponsor earns double over the threshold and i'm stressing as i do not want to let this happen in the process.

 

What is the likely chance that this will happen to us? I know the Sydney Embassy accepts co-sponsors although i know that the form I-134 has almost no legal weight which is often the denial, which could leave me potentially ineligible for the visa. My partner has no cash assets or any what so ever. She relies on her mum and I support her here as I work as a nurse. 

 

 I would really prefer as much advice on K1 visa  or any other solution about getting married together in the states.
 

I understand the CR1 route Co-sponsor form is legally binding, would this be a better option?  I just don’t want to be declined and have to start the process over again. Just want the safest option. 
 

Thanks so much for everyone's amazing advice.

Have you looked at the benefits of a CR-1 visa?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
      
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
   

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[RM1996 4]

8 hours ago, Lucky Cat said:

 

Have you looked at the benefits of a CR-1 visa?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
      
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
   

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Will there be a problem with the Cr1 visa if her mum is 100% the co-sponsor. My partners never filed any tax returns in the USA and is a student here in Australia. I understand that when we are married she’ll have to submit a federal tax return although if we do this route we will get married early next year. Her mum is well above the poverty line and will be giving her a full-time job once she moves back to the states. I’m looking at the forms I-864ez and I-864 and it’s just worrying me that well be rejected. 

[Crazy Cat 41,985]

8 hours ago, RM1996 said:

Will there be a problem with the Cr1 visa if her mum is 100% the co-sponsor. My partners never filed any tax returns in the USA and is a student here in Australia. I understand that when we are married she’ll have to submit a federal tax return although if we do this route we will get married early next year. Her mum is well above the poverty line and will be giving her a full-time job once she moves back to the states. I’m looking at the forms I-864ez and I-864 and it’s just worrying me that well be rejected. 

Your spouse will be the primary sponsor.  She will either have to file taxes for the last 3 years (if required), or she will have to explain why she wasn't required to file taxes.  It can be as simple as writing "income below filing threshold" on the I-864 to explain that she wasn't required to file.  She will also have to show that she has domicile or intent to re-establish domicile back in the United States.

Since you are together now, I suggest you marry and start the process for a spousal visa (CR-1).  Plan on the process taking 12-18 months.  With a CR-1, you are authorized to work immediately upon entry.