CR1 Spouse Visa for Thai Wife / USA Man

[Raffy86 0]

Hi,

 

I'm currently living in Thailand on a marriage visa  with a Thai lady.

 

I need to relocate to USA with my wife to allow me better work opportunities and provide a better quality of life for us.

 

Here are my questions:

 

- We have been married for 1 year, and been together for 3 years, so CR1 is what we would need.

- I don't currently make the income requirements to sponsor my wife in USA yet, would I need to get a new job paying at least $21,xxx USD annually before applying?

- What if my wife becomes pregnant during our application process? Would I need to then make $27,xxx USD annually before we can move to USA on a CR1?

- How long are CR1 applications taking to process right now on average? My current marriage visa expires September 2021, and I don't want to be separated from my wife for 18 months or however long it takes.

 

I don't really have a co-sponsor for this application because my parents are on retirement income, and my siblings don't earn enough if you factor in all of their kids and my wife and I, with their current salary.

 

I have savings, but not enough to qualify for the CR1 visa, which is a big number when I last checked.

 

Sorry for all of the questions, I'm trying to get all my ducks in a row and get this accomplished.

 

Kindly,

 

-Raffy

[milimelo 4,590]

What you want is not necessarily how it will play out. If your wife doesn’t have a visa by September 2021 you’ll be heading back to the US by yourself. 
 

File online. Get a job and move back to the US ahead of her as it seems finding a suitable joint sponsor will not be possible. 
It’s going to take as long as it takes -12 months to 18 months is not unheard of these days. 

[Raffy86 0]

2 minutes ago, milimelo said:

What you want is not necessarily how it will play out. If your wife doesn’t have a visa by September 2021 you’ll be heading back to the US by yourself. 
 

File online. Get a job and move back to the US ahead of her as it seems finding a suitable joint sponsor will not be possible. 
It’s going to take as long as it takes -12 months to 18 months is not unheard of these days. 

Thank you for the reply.

 

Am I able to start the application process now without having the job lined up first, or do I need everything ready and then apply when I have 3-6 pay stubs under my belt?

 

Just trying to figure out my timeline.

 

 

[Boiler 46,491]

Start now it will most likely be an IR1 by the time you interview

[user555 196]

1 hour ago, Raffy86 said:

Thank you for the reply.

 

Am I able to start the application process now without having the job lined up first, or do I need everything ready and then apply when I have 3-6 pay stubs under my belt?

 

Just trying to figure out my timeline.

 

 

File first. You don't need to prove income now. There are 3 stages. USCIS - submit your application to them and it will take up to 8 months. If approved, they transfer it to NVC. This is where you need to show proof of income or a co-sponsor. Once they approve it after 1-2 months, it will go to the embassy.  This may take 2-3 months. This is a year process, but that's fast. Estimate 1.5 years. 

[carmel34 3,669]

6 hours ago, Raffy86 said:

or do I need everything ready and then apply when I have 3-6 pay stubs under my belt?

Best option in your case is to file the I-130 petition now, with an I-130A, then stay in Thailand with your wife and wait for it to be adjudicated and approved, that could take 8 months or longer.  Then the petition, when approved, will go to the NVC for the next stage of the process, that will likely be around the time when your visa in Thailand expires, so you'll have to return to the US before your wife, find a job in the US that would satisfy the sponsorship requirements, get a place to live to establish US domicile, etc., then submit your I-864 with financial documentation to show 3-6 months of pay stubs at the NVC stage.  Then at the visa interview, 2-3 months later, she can take more supporting evidence of your income in the US.  So you may be separated for 3-6 months or longer depending on how long your process takes, but that's your only option if you don't have a qualifying joint sponsor in the US.  You'll need a place to live and an income in the US that is sufficient to support your family financially anyway, not just for immigration purposes.  Try to find a job in the US that includes health insurance for you and your family, as that is considered at the visa interview as part of the public charge review.  Good luck!

Edited December 24, 2020 by carmel34

[Orangesapples 1,954]

Another option is finding a co sponsor. If someone in the US (a parent maybe) qualifies and is willing to be a co sponsor, you might not not need to be separated for a while. 

 

If she's pregnant, the income requirements won't change but once she does have a baby, your household size will increase. It's a matter of timing. 

[Raffy86 0]

1 hour ago, Orangesapples said:

Another option is finding a co sponsor. If someone in the US (a parent maybe) qualifies and is willing to be a co sponsor, you might not not need to be separated for a while. 

 

If she's pregnant, the income requirements won't change but once she does have a baby, your household size will increase. It's a matter of timing. 

thanks for the reply.

My parents are both retired, would I be able to use both of their social security income combined to meet the income requirements?

 

it’s just my mom and dad living together, no other dependents or people living with them.

 

 

[Raffy86 0]

17 hours ago, user555 said:

File first. You don't need to prove income now. There are 3 stages. USCIS - submit your application to them and it will take up to 8 months. If approved, they transfer it to NVC. This is where you need to show proof of income or a co-sponsor. Once they approve it after 1-2 months, it will go to the embassy.  This may take 2-3 months. This is a year process, but that's fast. Estimate 1.5 years. 

Would you recommend I apply and file ourselves, instead of hiring a service?

 

Is it worth the extra fees in terms of getting approved more likely?

[Verrou 1,962]

1 minute ago, Raffy86 said:

Would you recommend I apply and file ourselves, instead of hiring a service?

 

Is it worth the extra fees in terms of getting approved more likely?

apply yourself. extra fees for service wont guarantee it will more likely to be approved

[Boiler 46,491]

A Lawyer if you need one, otherwise the person most interested in your case is you.

Edited December 25, 2020 by Boiler

[Raffy86 0]

8 hours ago, Boiler said:

A Lawyer if you need one, otherwise the person most interested in your case is you.

Thank you so much for the wise words and enouragement!

8 hours ago, Misscloud said:

apply yourself. extra fees for service wont guarantee it will more likely to be approved

This is great advice, thank you!

[user555 196]

On 12/25/2020 at 12:04 PM, Raffy86 said:

Would you recommend I apply and file ourselves, instead of hiring a service?

 

Is it worth the extra fees in terms of getting approved more likely?

Do not hire a service. All they do is read the form to you, ask what your answer is to each question, and write it in for you. $500 for that or higher. I followed the free guides on this site and didn't get an RFE or get denied. You have to spend some time at it. My friend hired RapidVisa for $500, he got an RFE which delayed his case for 5 months, and he still has not had his interview. We filed within 30 days of each other.