CR1 Visa - Will I run into any issues? Explained below

[MavVisa 0]

Hi Everyone,

 

New member here starting my visa journey with my fiance! I have read... read some more... read more... and then done even more reading regarding the K-1 and CR1 visas to determine which is best for our situation.

It seems that most people here on VJ recommend the CR1, so CR1 it is.

 

I am a USC and my partner is a UK citizen, we currently live in Australia and want to move to the US as soon as we can (appreciate with the CR1 and current covid times this will likely mean 12months+). When we receive our visa approval and move to the US, we plan to travel for 6months or so and then settle in a place we like and find jobs etc.

 

My questions are per the below:

 

I have no ties to the US, no family members, no US address, no US income, nothing. All I have is copies of my US tax returns that I file each year.

 

1 - Will having no US address to put on our application cause any issues?

 

2 - Will having no US income and no US sponsor on our application cause any issues? (I have read that having 5x the required annual income amount in cash will help with this (roughly $21k x5)). However, when I spoke to a US attorney I was told that there is still a chance that our visa will be declined even with the 5x asset. Would it be possible to use a non-US sponsor?

 

Thank you all! Really appreciate any advice you can give us! Mav.

 

[pushbrk 12,881]

46 minutes ago, MavVisa said:

Hi Everyone,

 

New member here starting my visa journey with my fiance! I have read... read some more... read more... and then done even more reading regarding the K-1 and CR1 visas to determine which is best for our situation.

It seems that most people here on VJ recommend the CR1, so CR1 it is.

 

I am a USC and my partner is a UK citizen, we currently live in Australia and want to move to the US as soon as we can (appreciate with the CR1 and current covid times this will likely mean 12months+). When we receive our visa approval and move to the US, we plan to travel for 6months or so and then settle in a place we like and find jobs etc.

 

My questions are per the below:

 

I have no ties to the US, no family members, no US address, no US income, nothing. All I have is copies of my US tax returns that I file each year.

 

1 - Will having no US address to put on our application cause any issues?

 

2 - Will having no US income and no US sponsor on our application cause any issues? (I have read that having 5x the required annual income amount in cash will help with this (roughly $21k x5)). However, when I spoke to a US attorney I was told that there is still a chance that our visa will be declined even with the 5x asset. Would it be possible to use a non-US sponsor?

 

Thank you all! Really appreciate any advice you can give us! Mav.

 

No matter what, there's ALWAYS  a chance of denial, but for the spouse of a US Citizen, the liquid asset requirement is only 3X the income shortfall instead of 5.  If you are comfortably over that, you should be fine.  You'll need to provide satisfactory evidence of your intent to establish or re-establish US Domicile.  Arranging a place to stay ahead of time is an easy way to do that.

 

No, you cannot have a non-US based sponsr.

[MavVisa 0]

1 hour ago, pushbrk said:

No matter what, there's ALWAYS  a chance of denial, but for the spouse of a US Citizen, the liquid asset requirement is only 3X the income shortfall instead of 5.  If you are comfortably over that, you should be fine. 

Great! Thank you for this info. This is reassuring to hear as it felt doom and gloom when discussing with the attorney briefly.

 

1 hour ago, pushbrk said:

 You'll need to provide satisfactory evidence of your intent to establish or re-establish US Domicile.  Arranging a place to stay ahead of time is an easy way to do that.

Would this need to be done before submitting our I-130? I.e. start renting a property in the US whilst still living in abroad? Or can this part be done just before my fiance's interview? Trying to think of how this would work financially as it wouldn't be feasible for us to rent somewhere which we won't be living in. Are there any other ways to do this than renting / buying without knowing anyone in the US?

[SteveInBostonI130 3,434]

1 hour ago, MavVisa said:

 

Would this need to be done before submitting our I-130? I.e. start renting a property in the US whilst still living in abroad? Or can this part be done just before my fiance's interview? Trying to think of how this would work financially as it wouldn't be feasible for us to rent somewhere which we won't be living in. Are there any other ways to do this than renting / buying without knowing anyone in the US?

 

No.  Evidence of establishing a residency in the US is needed at the NVC stage.  And you would not need to have a place - arrangements to start a lease at around the estimated interview date should be fine. 

 

You might want to verify my last statement in the Australia forum.  I know Canada (Montreal) has very strict residency proof requirements, but I think Australia is more forgiving.

[MavVisa 0]

19 hours ago, SteveInBostonI130 said:

 

No.  Evidence of establishing a residency in the US is needed at the NVC stage.  And you would not need to have a place - arrangements to start a lease at around the estimated interview date should be fine. 

 

You might want to verify my last statement in the Australia forum.  I know Canada (Montreal) has very strict residency proof requirements, but I think Australia is more forgiving.

Thank you Steve. Please could you link me to the post you mentioned? I'm struggling to find it

[SteveInBostonI130 3,434]

7 hours ago, MavVisa said:

Thank you Steve. Please could you link me to the post you mentioned? I'm struggling to find it

 

https://www.visajourney.com/forums/forum/146-australia-and-new-zealand/