Help! UK to USA

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Old Apr 18th 2017, 1:48 pm
  #31  
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Default Re: Help! UK to USA

Originally Posted by Noorah101
If they are doing the K-1 fiance visa, anyone can be the sponsor and complete the I-134. The USC fiance doesn't need to complete an I-134.

If they are doing the CR-1 spouse immigrant visa, or when it comes to AOS after K-1 entry, then the USC must be the sponsor and complete an I-864. If they don't qualify financially, then a joint sponsor can be used, who would complete a separate I-864.

Rene
Originally Posted by tom169
For a K-1 and form I-134 there is only one sponsor. That does not need to be the I-129F petitioner.
Sorry MissBurns!
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Old Apr 19th 2017, 12:55 am
  #32  
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Default Re: Help! UK to USA

Originally Posted by ian-mstm
For the I-134 (K-1), the minimum required is 100% of the poverty guidelines: $16,020. For the I-864 (CR-1, AOS), the minimum required is 125% of the poverty guidelines: $20,025. Earlier, you said you met the income requirements but now you don't. So, if you earn less than that amount, how do you intend to get by once there are two of you? I've heard it said that two can live as cheaply as one... so long as one doesn't eat! You haven't mentioned what he does for a living, but there's no guarantee that your fiancé is going to get a job.

Ian

I meet the requirements if we go with the K-1. With the Cr-1 I make literally $10 too little. What a crock!
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Old Apr 19th 2017, 12:55 am
  #33  
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Default Re: Help! UK to USA

Originally Posted by Nutmegger
Sorry MissBurns!
No worries
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Old Apr 19th 2017, 12:58 am
  #34  
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Default Re: Help! UK to USA

Originally Posted by Noorah101
If they are doing the K-1 fiance visa, anyone can be the sponsor and complete the I-134. The USC fiance doesn't need to complete an I-134.

If they are doing the CR-1 spouse immigrant visa, or when it comes to AOS after K-1 entry, then the USC must be the sponsor and complete an I-864. If they don't qualify financially, then a joint sponsor can be used, who would complete a separate I-864.

Rene
Thank you. Now since I'll need a joint sponsor, do we both (my friend and I) fill out the I-864 to send in? I just want to make sure this entire process goes by as smoothly as possible.
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Old Apr 19th 2017, 1:00 am
  #35  
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Default Re: Help! UK to USA

Originally Posted by MissBurns
I meet the requirements if we go with the K-1. With the Cr-1 I make literally $10 too little. What a crock!
You are also allowed to use assets to top up the deficiency. For a spouse visa, assets must be 3x the shortfall. So, if you earn $20,015 and you need $20,025, there's a shortfall of $10. So, you need $30 in assets (3 x $10... cash in the bank is best) to make up the difference. Easy peasy! You got this!


Now since I'll need a joint sponsor...
No, you don't!

Ian
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Old Apr 19th 2017, 1:03 am
  #36  
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Default Re: Help! UK to USA

Originally Posted by ian-mstm
You are also allowed to use assets to top up the deficiency. For a spouse visa, assets must be 3x the shortfall. So, if you earn $20,015 and you need $20,025, there's a shortfall of $10. So, you need $30 in assets (3 x $10... cash in the bank is best) to make up the difference. Easy peasy! You got this!

Ian
Oh okay! Good to know! I swear I knew all this information. My brain is on over drive with all the information. We are so paranoid something will go wrong so naturally we are checking and rechecking a million times so we can hopefully get the approval with no problems. Thank you Ian!
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Old Apr 19th 2017, 11:57 am
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Default Re: Help! UK to USA

Originally Posted by MissBurns
My brain is on over drive with all the information.
We see this behavior quite often, so it's understandable. US immigration often causes people's common sense to suddenly die. As long as you keep your wits about you and don't do anything deliberately stupid, you'll be fine. I suggest you step away from the computer for a while and put things into perspective!

Ian
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Old Apr 19th 2017, 12:11 pm
  #38  
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Default Re: Help! UK to USA

Originally Posted by MissBurns
My brain is on over drive with all the information. We are so paranoid something will go wrong so naturally we are checking and rechecking a million times so we can hopefully get the approval with no problems. Thank you Ian!
I relate to this, and second Ian's advice above. Also, for what it's worth, I bet you will feel much less confused once you've decided upon a visa, and are not overwhelmed trying processing 2x the amount of information you'll actually really need.

Once you've chosen whether it'll be K-1 or CR-1, you can focus solely on the processes for that particular visa. And at that point, we can help break it down for you into the very simple two-step process it actually is. It'll feel much less overwhelming as soon as you've gotten to that point.
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Old Apr 19th 2017, 5:09 pm
  #39  
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Default Re: Help! UK to USA

Originally Posted by ian-mstm
We see this behavior quite often, so it's understandable. US immigration often causes people's common sense to suddenly die. As long as you keep your wits about you and don't do anything deliberately stupid, you'll be fine. I suggest you step away from the computer for a while and put things into perspective!

Ian
I agree! I told my fiance the same thing. He has a question. He was wondering which do you guys think is best for us to choose? Cr-1 or k-1? Employment isn't an issue either way. Thank you all for your wonderful advice.
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Old Apr 19th 2017, 5:22 pm
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Default Re: Help! UK to USA

Originally Posted by MissBurns
He was wondering which do you guys think is best for us to choose?
I know this is going to sound like 1+1=4... but what's "best" is what works for you - so it's not really something we can answer. You're the only ones who truly know your own situation.

I used to ask people the following question and it seems to have helped focus their thoughts: Since there will be a period of separation, would you prefer to be engaged and separated, or married and separated? The honest answer to that question will tell you which visa to choose.

Ian
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Old Apr 19th 2017, 5:51 pm
  #41  
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Default Re: Help! UK to USA

Originally Posted by MissBurns
I agree! I told my fiance the same thing. He has a question. He was wondering which do you guys think is best for us to choose? Cr-1 or k-1? Employment isn't an issue either way. Thank you all for your wonderful advice.
I don't miss the days when these questions were a thing in my life - I understand it can be very daunting, trying to do "the right thing" at the right time. My husband and I had a lot of decisions taken out of our hands by various individual circumstances - our wedding had to be brought forward due to his mother's ill health; where we would have our wedding and where we would live (UK versus USA) were both decided for us, for the same reason; the point at which we could start this visa process was determined by the fact that I'm currently a student - there are always a lot of factors, for anybody and everybody going through this. A lot of consideration has to go into each element of the process, and every case is unique in that respect. You and your fiancé will have your own lists of pros and cons for each avenue, and they will be different to mine and anybody else's.

I think perhaps it would be very useful to simplify each visa, write down the pros and cons of each, and discuss the results.

For example, if money isn't too much of an issue and you can afford for your fiancé not to work for a while when he gets there, the K-1 might be your preference as you'd likely be living together sooner than you would be if you did the CR-1 because you could file the paperwork literally today.

If you did the CR-1, you need to be able to afford for your husband to make one more visit Stateside to get married under the VWP before filing the paperwork, or for you to apply for a marriage visa to go to the UK to get married. The downside of a CR-1 visa, therefore, is that the time it will take between now and the day he moves to live with you will be slightly longer than if you did the K-1, as you wouldn't be able to file the paperwork until you're married. But the upside is that your then-husband would be able to work as soon as he sets foot in America, which would be helpful not only from a financial perspective, but possibly even for his state of mind and his ability to settle when he gets there. Making friends and integrating yourself into a new society is so important, and much more difficult if you cannot go out and work.

Ian's comments about whether you'd prefer to be separated while engaged or while married are also important to consider. My husband and I are separated and married, and I was surprised by how much of a struggle I found that initially (I didn't think anything would change once we got married and viewed it simply as a logistical necessity/piece of paper, but evidently I'm a little more sentimental than I ever knew!), but in the grand scheme of things it's a non-issue. We are excited to be married and at the tail-end of our journey, and for me, personally, the benefits of the CR-1 (i.e. not having to adjust status when I get to the USA, and knowing I can work straight away) enables me to look forward to the future without too much apprehension about what will lie ahead. I'll just be able to throw myself into my new life wholly and completely, fingers crossed!

It is such a personal decision, and none of us can or would tell you what to do. But I advise writing that pros and cons list (or at least discussing it in some depth) and imagining what the future might look like once your fiancé arrives in the States given each hypothetical scenario.

If you're like me and a bit of an over-thinker, this is the toughest part. Once you've made this decision, you can devote your time and energy into foreseeing and planning whichever route you choose, and then it starts to get easier.
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Old Apr 19th 2017, 7:03 pm
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Default Re: Help! UK to USA

Originally Posted by KK85
Once you've made this decision, you can devote your time and energy into foreseeing and planning whichever route you choose, and then it starts to get easier.


Ian
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Old Apr 23rd 2017, 1:16 am
  #43  
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Default Re: Help! UK to USA

Originally Posted by KK85
I don't miss the days when these questions were a thing in my life - I understand it can be very daunting, trying to do "the right thing" at the right time. My husband and I had a lot of decisions taken out of our hands by various individual circumstances - our wedding had to be brought forward due to his mother's ill health; where we would have our wedding and where we would live (UK versus USA) were both decided for us, for the same reason; the point at which we could start this visa process was determined by the fact that I'm currently a student - there are always a lot of factors, for anybody and everybody going through this. A lot of consideration has to go into each element of the process, and every case is unique in that respect. You and your fiancé will have your own lists of pros and cons for each avenue, and they will be different to mine and anybody else's.

I think perhaps it would be very useful to simplify each visa, write down the pros and cons of each, and discuss the results.

For example, if money isn't too much of an issue and you can afford for your fiancé not to work for a while when he gets there, the K-1 might be your preference as you'd likely be living together sooner than you would be if you did the CR-1 because you could file the paperwork literally today.

If you did the CR-1, you need to be able to afford for your husband to make one more visit Stateside to get married under the VWP before filing the paperwork, or for you to apply for a marriage visa to go to the UK to get married. The downside of a CR-1 visa, therefore, is that the time it will take between now and the day he moves to live with you will be slightly longer than if you did the K-1, as you wouldn't be able to file the paperwork until you're married. But the upside is that your then-husband would be able to work as soon as he sets foot in America, which would be helpful not only from a financial perspective, but possibly even for his state of mind and his ability to settle when he gets there. Making friends and integrating yourself into a new society is so important, and much more difficult if you cannot go out and work.

Ian's comments about whether you'd prefer to be separated while engaged or while married are also important to consider. My husband and I are separated and married, and I was surprised by how much of a struggle I found that initially (I didn't think anything would change once we got married and viewed it simply as a logistical necessity/piece of paper, but evidently I'm a little more sentimental than I ever knew!), but in the grand scheme of things it's a non-issue. We are excited to be married and at the tail-end of our journey, and for me, personally, the benefits of the CR-1 (i.e. not having to adjust status when I get to the USA, and knowing I can work straight away) enables me to look forward to the future without too much apprehension about what will lie ahead. I'll just be able to throw myself into my new life wholly and completely, fingers crossed!

It is such a personal decision, and none of us can or would tell you what to do. But I advise writing that pros and cons list (or at least discussing it in some depth) and imagining what the future might look like once your fiancé arrives in the States given each hypothetical scenario.

If you're like me and a bit of an over-thinker, this is the toughest part. Once you've made this decision, you can devote your time and energy into foreseeing and planning whichever route you choose, and then it starts to get easier.
Wow thank you so much for your post! I think we have finally figured out which route we are going to take. Once we file I will be sure to update everyone
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Old Apr 23rd 2017, 2:32 am
  #44  
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Default Re: Help! UK to USA

Care to share which one?

Rene
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Old Apr 23rd 2017, 8:13 am
  #45  
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Default Re: Help! UK to USA

Originally Posted by MissBurns
Wow thank you so much for your post! I think we have finally figured out which route we are going to take. Once we file I will be sure to update everyone
You're welcome.

I'm so glad you've come to a decision and I look forward to hearing how you get on!
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