Withdrawing K-1 now filing CR-1 [merged threads]

[pushbrk 12,868]

18 hours ago, Dan and Akari said:

@pushbrkthank you very much for your response. I have read many of your posts in other threads and I like your straightforward informative comments.
My follow up question would be where can I find information on what steps I can take to ensure my evidence of support based on liquid assets is “submitted and documented correctly “?  I realize that there are no guarantees in anyone’s case. Variables ranging from NVC reviewers to inconsistencies amongst consulates and even COs within the consulates are a harsh reality of the process. I am not Chicken Little by any means: actually quite the opposite. I take all the opinions and advice given and then weigh my options. Consequently, if my assets are more than sufficient (as attested to by my aforementioned, now terminated, immigration attorney) but some W2 income pushes our case in the direction of “beyond a reasonable doubt” in the eyes of the person reviewing our evidence, I would tend to lean towards the option providing the extra support to keep our journey closest to the critical path of an expeditious approval. 

First and most reliable source of information on this is the instructions for the I-864.  Become an A-Student of the entire document and the form itself.  Pay special attention to the part that defines "liquid assets".  Normally "statements" showing you've held the assets for a year or more, are the proper documentation.  Say one each from 12, 9, 6, and 3 months ago, plus a current one.

[thsmuan 4]

On 7/3/2023 at 1:32 AM, Dan and Akari said:

Based on feedback from our initial post over in the K-1 forum here:

 

We are withdrawing our I-129F petition and filing an I-130.  I am now reading through the CR-1 filing guides as well as combing through the posts from folks in a similar situation.  It is my understanding that we simply file the I-130 and accompanying I-130A to initiate the process.  However, I have read somewhat conflicting posts regarding the withdrawal of the I-129F.  Some say that the filing of the I-130 automatically voids the I-129F so don't bother sending a letter because USCIS won't acknowledge the letter anyway, while others say sending a letter requesting withdrawal to the processing center handling our case is the appropriate course.  I figure sending a letter won't cause any harm. Just one more thing to do in terms of time and treasure (mailing even a few pages to the US from Thailand is fairly costly).

 

Nonetheless, we will initiate the CR-1 process this week barring any advice to the contrary.  I mentioned in the other post that I am "early retired" but I don't want to keep living on retirement savings so I figured I should jump back into the market.  I am actively seeking employment in Thailand so I can establish legal residence, bank account, etc. in Thailand while we wait.  If nothing materializes in the corporate world (Thailand can legally discriminate based on any factor they want...like age) I know that I can get a job as an English teacher since I have my TEFL certification.  My wife could then live in Thailand with me on an "O" visa which holds more weight in terms of residency than her current education visa.  No need to return to Myanmar except to visit family occasionally.

 

Now we are just settling in for the long (hopefully not too long) journey ahead.

You got my attention since you mention Burma. I read through your post and reply. So you and your wife made marriage ceremony just to satisfied your spouse's parents, but you are planning to make Utah online marriage. In my opinion, online marriage probably be acceptance with the US Embassies in other countries, but it is a bad idea for embassy in Burma since the final decision is solely base on embassy. In Myanmar, the marriage can happen in court, church, temple or mosque. All is recognized as legal. But in I-130 case, you have to have civil/authority registered number  and the one who solemnized must be licensed (even though mine was not licensed, they accepted it. I think it was because of my location of the marriage took place.). There are a lot of places where you can have registered marriage certificate such as Baptist Church, Assembly of God church etc. Find the pastor who embassy recognized as licensed, there are a bout 4 of them in Yangon as I heard. The certificate will be in Burmese, but it's ok you can have notarized translations which most of the people do. You need your spouse copy of NRC along with translation, police certificate with translation, birth certificate with translation (might need letter from hospital about no record of birth by the time of visa interview since embassy don't trust most birth certificate), marriage certificate with translation, copy passport.

    You and your wife should go back to Myanmar and make marriage. I don't know if you can apply I-130 from out side of US or not but I wouldn't do it out side of the US. Best of luck!

 

On 7/3/2023 at 1:32 AM, Dan and Akari said:

Based on feedback from our initial post over in the K-1 forum here:

 

We are withdrawing our I-129F petition and filing an I-130.  I am now reading through the CR-1 filing guides as well as combing through the posts from folks in a similar situation.  It is my understanding that we simply file the I-130 and accompanying I-130A to initiate the process.  However, I have read somewhat conflicting posts regarding the withdrawal of the I-129F.  Some say that the filing of the I-130 automatically voids the I-129F so don't bother sending a letter because USCIS won't acknowledge the letter anyway, while others say sending a letter requesting withdrawal to the processing center handling our case is the appropriate course.  I figure sending a letter won't cause any harm. Just one more thing to do in terms of time and treasure (mailing even a few pages to the US from Thailand is fairly costly).

 

Nonetheless, we will initiate the CR-1 process this week barring any advice to the contrary.  I mentioned in the other post that I am "early retired" but I don't want to keep living on retirement savings so I figured I should jump back into the market.  I am actively seeking employment in Thailand so I can establish legal residence, bank account, etc. in Thailand while we wait.  If nothing materializes in the corporate world (Thailand can legally discriminate based on any factor they want...like age) I know that I can get a job as an English teacher since I have my TEFL certification.  My wife could then live in Thailand with me on an "O" visa which holds more weight in terms of residency than her current education visa.  No need to return to Myanmar except to visit family occasionally.

 

Now we are just settling in for the long (hopefully not too long) journey ahead.

[Mike E 11,739]

2 hours ago, thsmuan said:

In my opinion, online marriage probably be acceptance with the US Embassies in other countries, but it is a bad idea for embassy in Burma since the final decision is solely base on embassy

What is your evidence Rangoon will not accept a Utah marriage certificate?

 

2 hours ago, thsmuan said:

I don't know if you can apply I-130 from out side of US

You can.

2 hours ago, thsmuan said:

or not but I wouldn't do it out side of the US

Given your history (withdrew one I-130, and as a petitioner, had an I-130 interview), if I were you I too would file I-130 from inside the U.S. 

 

People married online through Utah County,  file I-130 the same day (online) and successfully get  immigration visas.

 

Anyway, I think OP has decided to attempt to complete the K-1 plan.

[Redro 4,611]

@thsmuan can you clarify... the ceremony @Dan and Akari had in Cambodia. Are you saying it is recognized as a legal marriage in Cambodia and they need to register it only for US immigration purposes?

[Mike E 11,739]

41 minutes ago, Redro said:

ceremony @Dan and Akari had in Cambodia

Cambodia?

[Redro 4,611]

24 minutes ago, Mike E said:

Cambodia?

Apologies Myanmar 🫠

[pushbrk 12,868]

8 hours ago, thsmuan said:

You got my attention since you mention Burma. I read through your post and reply. So you and your wife made marriage ceremony just to satisfied your spouse's parents, but you are planning to make Utah online marriage. In my opinion, online marriage probably be acceptance with the US Embassies in other countries, but it is a bad idea for embassy in Burma since the final decision is solely base on embassy. In Myanmar, the marriage can happen in court, church, temple or mosque. All is recognized as legal. But in I-130 case, you have to have civil/authority registered number  and the one who solemnized must be licensed (even though mine was not licensed, they accepted it. I think it was because of my location of the marriage took place.). There are a lot of places where you can have registered marriage certificate such as Baptist Church, Assembly of God church etc. Find the pastor who embassy recognized as licensed, there are a bout 4 of them in Yangon as I heard. The certificate will be in Burmese, but it's ok you can have notarized translations which most of the people do. You need your spouse copy of NRC along with translation, police certificate with translation, birth certificate with translation (might need letter from hospital about no record of birth by the time of visa interview since embassy don't trust most birth certificate), marriage certificate with translation, copy passport.

    You and your wife should go back to Myanmar and make marriage. I don't know if you can apply I-130 from out side of US or not but I wouldn't do it out side of the US. Best of luck!

 

You're guessing and guessing wrong.  A Consular Officer, employed by the US Department of State, who follow the Foreign Affairs Manual.  The UTAH marriage is not a problem for Consular Officers approving immigrant visas.  There are some countries, like the Philippines that don't recognize the marriage internally and will not change names on ID including the passport based on such a marriage, but no impact on US Immigrant visas.  There's no need to speculate.  People have already come along and given accurate information to the OP.

[Dan and Akari 44]

I appreciate everyone’s feedback. To clarify:

1. Based on recommendations/feedback on this forum, we have decided to cancel K1 and pursue CR1 for the long term benefit of CR1 filing and to avoid any misinterpretation of our “engagement ceremony” in Myanmar being construed as “too married”. We are only losing 3 months filing CR1 now.   Not thrilled about losing precious time, but better to lose 3 months than potentially lose another 12 months if K1 is denied. 
 

2. We have also decided to marry in Myanmar for a couple reasons. First, signing in Myanmar enables us to get papers confirming joint ownership of a house in Myanmar a well as a joint bank account.  Second, marriage in Myanmar is recognized by both Myanmar and the US. Finally, nothing is more important to us than family. I have been showered with kindness and have been treated like family since day 1. We live in Thailand so going to Myanmar to celebrate this with her family is important.
 

We have been in daily discussions with lawyers, notaries and various other parties to get everything lined up for as smooth a process as possible. Once we have all the necessary documents I plan on filing online unless I get a compelling contraindication to filing online. 
 

3. Finally, we have decided that I will work here in Thailand for at least 6 months since she lives in Thailand currently and we plan on staying in Thailand so she can interview at the Bangkok embassy. This enables us to first and foremost be together during a big chunk of the process while simultaneously building evidence that we live together. After 6 months we will re-evaluate me seeking employment in the US. I know my assets are sufficient to prove means of financial support, but we have discussed the topic of me getting a job in the US just so I can have pay stubs to provide as additional evidence to bolster our case.