Filing IR-1 after we withdrew fiance visa

[Darkmoonfaerie 19]

Hi Everyone,

I originally signed up for Visa Journey over 10 years ago while filing a K1 Visa for my then fiance (now husband) and everyone was so helpful. Back then, we made it all the way to the interview stage and the UK Family Court decided that we needed to have more time together before they would consider allowing his children (6 & 😎 to move to the USA. We withdrew the petition and planned to marry and then refile in a year or so but life had other plans. Shortly after we got married in 2013, my health problems began. I have had I think six or seven surgeries since then and have had everything from a emergency spinal surgery to a brain tumor diagnosis (it's benign, I'm ok). In addition to my health problems I am also a caretaker for 3 elderly relatives. Because of this I have only been working part-time, but I do have a co-sponsor and I will be able to work many more hours once I have family here to help me out. After all of the delays, we are now getting ready to file for an IR-1 Visa for my husband & his sons (16 & 18). Since I've already done the K1 Visa I have a lot of the documents already and I'm somewhat familiar with the process.  I didn't know if I needed to do anything to explain our first withdrawal or even my current working and living situation here in the states or if we'll run into any issues because we've lived separately for so long. I'm planning our 1st trip to see him since Covid so we can celebrate our 10th anniversary & I can have him sign papers and get me updated documents while I'm there. 

[pushbrk 12,883]

1 hour ago, Darkmoonfaerie said:

Hi Everyone,

I originally signed up for Visa Journey over 10 years ago while filing a K1 Visa for my then fiance (now husband) and everyone was so helpful. Back then, we made it all the way to the interview stage and the UK Family Court decided that we needed to have more time together before they would consider allowing his children (6 & 😎 to move to the USA. We withdrew the petition and planned to marry and then refile in a year or so but life had other plans. Shortly after we got married in 2013, my health problems began. I have had I think six or seven surgeries since then and have had everything from a emergency spinal surgery to a brain tumor diagnosis (it's benign, I'm ok). In addition to my health problems I am also a caretaker for 3 elderly relatives. Because of this I have only been working part-time, but I do have a co-sponsor and I will be able to work many more hours once I have family here to help me out. After all of the delays, we are now getting ready to file for an IR-1 Visa for my husband & his sons (16 & 18). Since I've already done the K1 Visa I have a lot of the documents already and I'm somewhat familiar with the process.  I didn't know if I needed to do anything to explain our first withdrawal or even my current working and living situation here in the states or if we'll run into any issues because we've lived separately for so long. I'm planning our 1st trip to see him since Covid so we can celebrate our 10th anniversary & I can have him sign papers and get me updated documents while I'm there. 

No need to explain any of the past during the initial petition stage, except to answer the question about previous petitions.  "Withdrawn" would be the "result" of that initial petition.

 

Bigger issue is later when dealing with the affidavit of support, joint sponsor, and actual plan for your family's actual support.  Unless you expect your joint sponsor to ACTUALLY support your family, you need a clear plan.  Your husband's employability is part of the totality of circumstances that will be evaluated.

[Boiler 45,514]

You have the advantage of London being pretty easy, so has he been visiting you?

[Darkmoonfaerie 19]

Sorry for the VERY late reply, my summer got crazy with work and life and then I jetted off to the UK for a visit.

 

Thank you both for the help. My sponsor is my Dad, who has a full retirement from teaching public schools and is still working as an adjunct professor at the same college where I am working.  My parents both have great retirement plans from their jobs and they are willing to support us until Alan is settled in and working. I have been picking up more hours at the community college where I teach so do have a better salary than over the past few years, but I am not yet considered full time and still come up short on income. Alan is a math and science teacher in a secondary school, so employability should not be an issue for him. There's been a horrible teacher shortage lately, especially in STEM.  We've already had his transcripts reviewed and have full information for what he needs to begin the process of getting a teaching license in MA.  He can even start the process while he's in the UK so that will help him speed things up. I made sure to double check with the state regarding what he needs to do when I called to ask about the possibility of me moving from university level teaching to taking a position in a local high school.   

 

We have been doing regular visits throughout this time, and have plenty of documentation from friends, family, etc that we regularly interact. He and the kids have been to the USA 2-5 times a year and I try to get to the UK at least once a year.  We're on a video call almost 24/7, chat on whatsapp daily and pretty much anyone who knows either of us is well aware of our unusual situation.  I have no problem showing chat records, phone logs, photos, statements, etc. and we can show that we have regularly seen each other until covid kind of put a halt to everything after summer of 2020.  I'm actually over in the UK now, typing this as he's working on his timetable for the fall semester of teaching.  It's been nice to just sit here and do work like a normal couple, which I'm sure most people would think sounds odd....but the VJ community would understand

[Chancy 6,241]

1 hour ago, Darkmoonfaerie said:

I have no problem showing chat records, phone logs

 

For London, likely no need for chat records and phone logs.  Prioritize evidence of time spent together in person, like passport stamps and boarding passes from your/his visits to the UK/US and his I-90 travel history.  Get a screenshot of the results from here -- https://i94.cbp.dhs.gov/I94/#/history-search

 

[Darkmoonfaerie 19]

37 minutes ago, Chancy said:

 

For London, likely no need for chat records and phone logs.  Prioritize evidence of time spent together in person, like passport stamps and boarding passes from your/his visits to the UK/US and his I-90 travel history.  Get a screenshot of the results from here -- https://i94.cbp.dhs.gov/I94/#/history-search

 

Oh thanks for the link!  That's very helpful

[pushbrk 12,883]

Note, that since your parents are married, one will be joint sponsor and it's best practice for the other to provide an I-864a as household member.  This will be a year or so from now, where you might find you qualify to sponsor on your own.