AOS for CR1?

[nelmagriffin 150]

reference: VSAJOURNEY'S site guide 

 

Edited Thursday at 04:07 PM by nelmagriffin

[ram1009 46]

8 hours ago, Lemonslice said:

Do you have a question?

I do:    A K1 visa holder must eventually provide to USCIS enough evidence to convince them that the marriage is not a means of evading immigration laws.  Must a CR1 visa holder provide the same type of evidence for the same purpose when they file to have their conditions removed?

[milimelo 4,508]

25 minutes ago, ram1009 said:

I do:    A K1 visa holder must eventually provide to USCIS enough evidence to convince them that the marriage is not a means of evading immigration laws.  Must a CR1 visa holder provide the same type of evidence for the same purpose when they file to have their conditions removed?

Of course. If you look at the instructions for form I-751 it tells you what sort of evidence USCIS wants to see. 

[ram1009 46]

2 hours ago, milimelo said:

Of course. If you look at the instructions for form I-751 it tells you what sort of evidence USCIS wants to see. 

Thanks for your suggestion but it doesn't answer my question.  I have read that verbiage multiple times.

[SalishSea 17,969]

8 minutes ago, ram1009 said:

Thanks for your suggestion but it doesn't answer my question.  I have read that verbiage multiple times.

In that case, you may be someone who would benefit from hiring professional help to be successful at the process.  The VJ ‘partners’ tab at the top has such help.

[Family 4,064]

57 minutes ago, ram1009 said:

Thanks for your suggestion but it doesn't answer my question.  I have read that verbiage multiple times.

You are reading too much or too little into your research. Am assuming you are attempting to coagulate an argument that K-1s going through ROC should not have the same burden of bonafides as other conditional residents. ..

 

Previous posters have correctly addressed that issue , same rules apply to all conditional residents ( repeatedly , politely and gently 😂) whether you accept it or not..your call.

 

Don’t clutter your RFE response with baseless claims. 
Instead, put your focused effort into responding in excruciating detail to every point in your RFE.

 

Go to town on THAT verbiage , stand your ground and declare under oath This is How WE choose to manage our LIFE, all  finances . I know you explained it to them at time of original filing , now do it again with abundant minutiae and detail: who pays for what , show receipts and cross reference account statements. 
 

It’s OK that you have separate accounts, assets and liabilities..but show they ALL go to shared residence and in your statement ask USCIS to accept your evidence and clarification OR schedule an person I-751 interview for you and wife so that you may have the opportunity to demonstrate the validity of your marriage.

 

OH, and PLEASE be nice to all who engage in your posts…they are not the adversaries / bad guys😂..even criticism is helpful.
 

 

 

 

[ram1009 46]

1 hour ago, Family said:

You are reading too much or too little into your research. Am assuming you are attempting to coagulate an argument that K-1s going through ROC should not have the same burden of bonafides as other conditional residents. ..

 

Previous posters have correctly addressed that issue , same rules apply to all conditional residents ( repeatedly , politely and gently 😂) whether you accept it or not..your call.

 

Don’t clutter your RFE response with baseless claims. 
Instead, put your focused effort into responding in excruciating detail to every point in your RFE.

 

Go to town on THAT verbiage , stand your ground and declare under oath This is How WE choose to manage our LIFE, all  finances . I know you explained it to them at time of original filing , now do it again with abundant minutiae and detail: who pays for what , show receipts and cross reference account statements. 
 

It’s OK that you have separate accounts, assets and liabilities..but show they ALL go to shared residence and in your statement ask USCIS to accept your evidence and clarification OR schedule an person I-751 interview for you and wife so that you may have the opportunity to demonstrate the validity of your marriage.

 

OH, and PLEASE be nice to all who engage in your posts…they are not the adversaries / bad guys😂..even criticism is helpful.
 

 

 

 

Like most assumptions yours is wrong.  The bigger picture here is that I have a friend who is about to make the CR1/K1 decision and I'm trying to give him good advice.  My K1 bride and I have gone through the K1 process without a serious hitch until now.  We decided almost immediately, long before entering the US, that we would never mingle our assets even though we live in a community property state.  That has proven to be a mistake we have yet to overcome.   Proving you didn't do something (evade immigration laws) is actually impossible.  I'm trying to offer my friend an alternative.  I thought it would be simple to find someone here who had been through the CR1 ROC/AOS process and could tell me if it was the same I am going through.  I hope I've clarified what I'm doing so we all can stay on topic.

[OldUser 6,976]

7 minutes ago, ram1009 said:

Like most assumptions yours is wrong.  The bigger picture here is that I have a friend who is about to make the CR1/K1 decision and I'm trying to give him good advice.  My K1 bride and I have gone through the K1 process without a serious hitch until now.  We decided almost immediately, long before entering the US, that we would never mingle our assets even though we live in a community property state.  That has proven to be a mistake we have yet to overcome.   Proving you didn't do something (evade immigration laws) is actually impossible.  I'm trying to offer my friend an alternative.  I thought it would be simple to find someone here who had been through the CR1 ROC/AOS process and could tell me if it was the same I am going through.  I hope I've clarified what I'm doing so we all can stay on topic.

Whichever route you pick, you'll have to prove relationship and marriage. Combining finances is beneficial for many other reasons outside immigration. Not comingling finances definitely makes USCIS job harder as it's one of the fraud indicators they have to check.

 

 

[EmilyW 1,462]

@Crazy Cat can chime in with his comparison but, at least from what I have seen, the CR1 is almost ALWAYS the superior visa, when you compare it to the K1.  

 

OP, I get that you and the missus are frustrated.  Fair call.  Immigration is never an easy road.  My own route - via the Diversity Lottery - took close to 3 years (and close to 7 year for naturalization).  BUT, those who choose the CR1 do so recognizing that, in the long game of immigration life, they have the better outcome.  You and your (now) missus picked the K1, which is fraught with issues, upon arrival and so forth.

 

Stay the course.  You picked the option that resulted in you being together quicker.   Did you both think that quick = easy?

[ram1009 46]

30 minutes ago, EmilyW said:

@Crazy Cat can chime in with his comparison but, at least from what I have seen, the CR1 is almost ALWAYS the superior visa, when you compare it to the K1.  

 

OP, I get that you and the missus are frustrated.  Fair call.  Immigration is never an easy road.  My own route - via the Diversity Lottery - took close to 3 years (and close to 7 year for naturalization).  BUT, those who choose the CR1 do so recognizing that, in the long game of immigration life, they have the better outcome.  You and your (now) missus picked the K1, which is fraught with issues, upon arrival and so forth.

 

Stay the course.  You picked the option that resulted in you being together quicker.   Did you both think that quick = easy?

What you don't know is that I am 78 & my wife is 74.  Time means something to us that it doesn't mean to most of you.  The downside of CR1 is the processing time.  Close to double.  I doubt this means much to my friend.  I'm still hoping to hear from a CR1 visa holder.

[Family 4,064]

1 hour ago, ram1009 said:

Like most assumptions yours is wrong.  The bigger picture here is that I have a friend who is about to make the CR1/K1 decision and I'm trying to give him good advice

😂 Ah..I see!  “asking for a friend “ certainly clears that up.
 

[ram1009 46]

38 minutes ago, Family said:

😂 Ah..I see!  “asking for a friend “ certainly clears that up.
 

Apparently you think I'm lying although I don't know why.  I'm not used to being called a liar.  I'm done with this conversation.

[Family 4,064]

1 minute ago, ram1009 said:

Apparently you think I'm lying although I don't know why.  I'm not used to being called a liar.  I'm done with this conversation.

Oh dear! Not at all. I was trying to bring a smile to both of us as there was indeed confusion between what you intended and what i pieced together from your previous post.

 

Stay and keep posting . Enjoy your research am happy to withdraw 

[Lemonslice 4,916]

4 hours ago, ram1009 said:

What you don't know is that I am 78 & my wife is 74.  Time means something to us that it doesn't mean to most of you.  The downside of CR1 is the processing time.  Close to double.  I doubt this means much to my friend.  I'm still hoping to hear from a CR1 visa holder.

I got a CR1, my spouse/myself had to provide evidence of our relationship during the consular process/interview, and then at removal of conditions.  So, I guess twice.  Some assets we share/have shared since we got married (even living separately), others we don't; whatever we presented seemed to have been ok since we did not get any RFE, nor did we get interviewed during ROC. 

I did not find it cumbersome at all (even though I can see how it can be for others), but I was getting impatient at times during the "processing time". 

 

I guess K1 would do it once more during adjustment of status.  K1 (or AOS from another status) was never an option for me, too many restrictions. 

[Lemonslice 4,916]

12 hours ago, ram1009 said:

I do:    A K1 visa holder must eventually provide to USCIS enough evidence to convince them that the marriage is not a means of evading immigration laws.  Must a CR1 visa holder provide the same type of evidence for the same purpose when they file to have their conditions removed?

Others are better versed in immigration law, but it is also my understanding that once a person is a permanent resident [so, after entry for a CR1/IR1; after AOS for K1), the "burden of proof" switch to USCIS who would bring you to court.  A judge would have to find your marriage fraudulent.  

 

This post from @mindthegap explains it: