Questions RE: the CR1 process...

[Purple_Paladin 8]

My fiance and I are currently in the middle of the K1 process and he has an interview at the embassy next week. 

However I didn't fully understand the I-864 requirements. I had thought he'd be permitted to work as soon as we were married and that his salary would be counted as income for support.

I now understand this is not the case. I make enough for the I-134 requirements but I'm just shy of 5k per year for the 125% requirements of the I-864.

If he's able to work, we'll be fine. 

OR If I'm able to use my home equity as collateral for the difference, we'll be fine. (It was suggested on the K1 forum that the home the immigrant lives in can't be used for this, but there's nothing to that effect on the instructions and I'd technically be using the home's equity.)

 

Barring that... I need to start looking into the CR1 I guess.

 

My question is this:  if he comes on the K1 visa and we don't get approved for the AOS but we're already married... then what? does he go back to France while we file for the CR1? 

He'd have to quit his job to come... so that might not be the best option.

 

Or if we decide to scrap the K1 process to avoid that possible mess... how do we swtich to CR1?  

Where would we get married? I mean, you have to have a marraige license to marry here... I'm not sure that PA approves those for non-US citizens.

Should I go there (to France) to marry him? Would USCIS accept that for the CR1 application?

 

If we do decide to pursue the CR1 instead... what do we do with his embassy appointment next week? If he goes and we're approved but are concerned with what happens once he's here... does he just contact the embassy and say 'on second thought...'?

How do we switch over? 

 

I feel gutted with the idea that we've gone this far and could have to begin at 1... and it doesn't seem any less complicated.

 

TIA for any help/info...

 

 

 

[pushbrk 13,180]

See how the interview goes.  If denied on public charge grounds, you would be wise to start over with a spouse process.  Where you get married depends on what you can arrange.  It doesn't matter to USCIS or the Consulates.

 

If he is approved for the K1, improve your income with a second job.  You can state and document your home equity but because it is not liquid, (See definition of liquid in this context by studying the I-864 instructions.) it's not going to help you qualify as his sponsor.  You are in this pickle because you failed to do the necessary homework.  Time to get to studying now.

 

It's not that the immigrant will be living in your house.  It's that the sponsor, you, cannot liquidate that house without "harming" yourself.  Study those instructions.  Become and A-Student of them.

[Purple_Paladin 8]

9 hours ago, pushbrk said:

See how the interview goes.  If denied on public charge grounds, you would be wise to start over with a spouse process.  Where you get married depends on what you can arrange.  It doesn't matter to USCIS or the Consulates.

 

If he is approved for the K1, improve your income with a second job.  You can state and document your home equity but because it is not liquid, (See definition of liquid in this context by studying the I-864 instructions.) it's not going to help you qualify as his sponsor.  You are in this pickle because you failed to do the necessary homework.  Time to get to studying now.

 

It's not that the immigrant will be living in your house.  It's that the sponsor, you, cannot liquidate that house without "harming" yourself.  Study those instructions.  Become and A-Student of them.

I hear what you're saying. 

Just to clarify, as far as 'doing my homework' goes, I'm working full-time and I'm in nursing school. I delegated the homework for this to him, I read what he gave me and did a bit of research but clearly not enough... and that was my mistake. How could he fully understand the deficit? Also, he wanted to focus on one step at a time and it seemed a logical format to me. It never occured to me to study all of the steps in advance... call it 'good faith' or naivete or whatever. 

 

In any case, yes it's a pickle. I've spent all of my waking hours since this post researching and I'm even more confused than before. 

There's no clear path here and every thing I read is a black hole of doubt and conflicting info. It's very frustrating.

 

I had thought that all of the success stories I read about here meant that it's really just a matter of dotting the "i's" and crossing the "t's" on the paperwork... I hadn't anticipating needing to do that 5 steps ahead. 

 

In any case I thank you for your answer and the advice. If anyoone else has anything helpful to add... I'm all ears.