US Immigration from France

Hello,

We're currently filing for the CR1 and were wondering if these documents are enough as proof of marriage and ongoing relationship.
We have none of the documents asked on the USCIS website. For context we live in 2 different countries and got married online through Utah last time he came to visit me. We also filed for a K1 that got approved in the past. But due to personal issues I couldn't stay in the US and had to go home.

So we're thinking of sending the following:

• Letter of validity (because we got married online and received a letter if validity from Utah county certifying our marriage)
• Pictures of our relationship since we met until we got married
• Texts and call logs since he visited me and got married
• Copie of all of the past plane tickets + ticket for the next trip planned in the fall.
• A copy of his life insurance stating that i'm a beneficiary
• And finally, I know that it may not be necessary but I was thinking of adding a copie of our approved K1 with a letter explaining the K1 and why I didn't stay last time I entered on a K1. Or I may add that to additional information.

Also, we don't have pictures from the online ceremony, is that bad?

Thanks in advance to anyone willing to help.

We have received an RFE for I-864, Affidavit of Support yesterday.

My husband is my sponsor and has been making over the poverty guideline for the past 3 years (2021-2023). On my USCIS online account, USCIS uploaded a scanned version of our I-864 and all the supporting documents we have provided with it so we are able to double check what we have sent them. We used the last version of the form, we sent all pages, the form is signed, the household size is correct (2 as it is only my husband and I, no kids).

In 2023, he made 63k, in 2022, 60k and in 2021 51k. All of this in NY state. We proved this with the IRS tax transcripts for these years. Now we are in California where our current household income (only his) is 120k. We supported this amount with 7 months of paystub, his contract and employer letter and 2024 W2s.

Yet we received this very generic RFE (see attached) and are pretty confused about it. I compared this RFE to other I-864 related RFEs on this forum and reddit and it seems that everyone is kind of getting the same. I saw some RFEs saying specifcally that the I-864 had a deficiency that needed to be addressed (and our RFE does not say this). I have attached a copy of the RFE we got if it can help.

My husband and I are wondering whether they are expecting us to provide a 2024 IRS tax transcript? Our Package delivery date is February 10th and at this time my husband had not filed is taxes for 2024 yet. He is planning on filing his 2024 taxes and send them the transcript when ready. Also should we list our assets (even though we should not be required to do that because he exceeds the 125% poverty guidelines) or get a joint sponsor (again I do not see why we would need one)? We were also wondering if the current housefold income (we listed 120k should match the 2023 IRS atx transcript which was 63k)? Should we resubmit the whole I-864 form or just tax transcripts?

Thank you for your help!

We're going ahead with the K1 process at the moment but still weighing all the options.

The question my fiance has is: Can he and his daughter enroll in college or certificate/training programs while waiting for the right to work?

He doesn't want to "do nothing" while waiting and he'd like to pursue something that can assist him (and his daughter) in finding employment once the I-765 is approved.

Would he be permitted to do this?

TIA!

For my fiance and I to be eligible for the CR1/IR1 ... are there any pitfalls to avoid marrying outside the US?

I think I'd prefer to marry here because my children are here. However I'm worried that my fiance won't be allowed here on a travel visa right away because we were, up until now, following the K1 path. We haven't completely discarded the K1 path... as we're very much in the middle of it... but due to our recent epiphany regarding the requirements of financial proof and income, we're definitely weighing all of our options now.

Our situation is, up until now we have been invested in the K1 process. My fiance has his interview next Thursday. I didn't 'do my homework' and properly understand the requirements for the I-865 and the AOS process because we went step-by-step and only looked at the current process to get him here and get married. For that (the 100%) I meet the requirement.

Now we are considering if this is the best option for us or not. Do we go forward with the K1 process and ask a family member to joint-sponsor?

Or do we wait until I finish nursing school and make more money and then apply for either K1 OR

Do we get married now and then applly for the CR1?

Another factor and possibly one of the main factors for going forward in any form now (and before the finances are a moot point thanks to my projected nursing salary) is that his daughter will be 19 in April and likely 'age out' before then. Of course we want her to come as well. Of course the other factor is we are really tired of the back and forth and want to be under one roof asap!

If he's working, we'll be able to cover the difference of the 125%. As I understand it, with the CR1/IR1, he'd be able to come and work right away? And even we could apply for him and his daughter to come while waiting for the CR1 and he could work and she could work/go to school?

That's what I'm reading here: https://www.uscis.gov/family/bring-spouse-to-live-in-US and I just wanted to understand if I'm seeing that correctly. I don't have to meet the 125% alone with this? He can work and his salary can be included?

Or would I still need a joint-sponsor to qualify for the CR1 but could he at least come while we wait for approval and the financial burden would be offset because he can come work immediately?

So the main question I have is... will he be able to COME to visit me if we stop the K1 process and marry me here? Or will immigration consider we are trying to cheat somehow? (Even if we've been together over 8 years now with a well documented relationship and getting married was always the plan.)

If it's the case... what else can we do? Will marriage in another country count against us in any way?

I did look into this and have this from AI:

Quote

What is required (for proof of marraige for CR1 Visa)

The original marriage certificate or a certified copy

Proof of legal termination of any previous marriages, such as a death certificate, divorce decree, or annulment

The full names of both spouses

The location of the marriage

What if I was married abroad?

Consular officers can authenticate foreign marriage documents

Marriages that are legally performed and valid abroad are generally also valid in the United States

I'd prefer to marry here, if possible.

Looking for any and all info/ help from the Visa Journey Gurus!

TIA!

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...