Can I drop CR-1 and go with i-485?

[Aquila Rossa]

Just signed up. I have a question or two.

I am a New Zealand citizen and I am married to a US citizen. She is in MI and i am just across the Detroit river in Windsor, ON Canada. I have been visiting her using an I-94 and returning to Canada after a week or so. This is how it has been for just over 12 months now.

She has had both the I-130 and I-129f approved. I-130 went to NVC long before the I-129f. CR-1 is 'at NVC'. We are still getting the last few documents to them. We filed I-129f to give us the K3 option.

After over twelve months of this, finances are hard pressed. She is trying to start her business and i have not been allowed to work here in Canada. We need a break thru asap, so I can join her and get working.

Now here's the problem that was very unwelcome news to us. I am a temporary resident in Canada, but only as visitor class. NVC have told us that they will not conduct an interview at their Montreal consulate for this class of resident and that i must either be some other class of resident in Canada, or fly all the way back to Auckland, NZ just for a damn interview. Seems crazy, but that is the rules apparently. Getting a different status in Canada would take many months if it is possible.

I know i can go to visit her in MI and as a spouse it is legal to adjust status and get EAD 90 days later. Seems much better to quit the CR-1 and do that rather than flying all the way to the other side of the planet for an interview. Is the anything I am missing with that option?

[rayb]

There is no guarantee with this advice, but the following will probably work for you:

With copy of your I-130 approval Notice of Action included, submit an I-485 (Adjustment of Status) package to the Chicago "dropbox" address (designated for the I-485 form).

There will be a $1,070 submittal fee, completion of an immigrant medical exam on form I-693 included, and also include completed I-765 (Work Authorization application).

Once submitted, stay in the U.S., or later processing may deem you to have abandoned your Adjustment of Status application and deny you.

In the meantime, just leave the NVC processing alone, unless it is already completed.

--Ray B

Just signed up. I have a question or two.

I am a New Zealand citizen and I am married to a US citizen. She is in MI and i am just across the Detroit river in Windsor, ON Canada. I have been visiting her using an I-94 and returning to Canada after a week or so. This is how it has been for just over 12 months now.

She has had both the I-130 and I-129f approved. I-130 went to NVC long before the I-129f. CR-1 is 'at NVC'. We are still getting the last few documents to them. We filed I-129f to give us the K3 option.

After over twelve months of this, finances are hard pressed. She is trying to start her business and i have not been allowed to work here in Canada. We need a break thru asap, so I can join her and get working.

Now here's the problem that was very unwelcome news to us. I am a temporary resident in Canada, but only as visitor class. NVC have told us that they will not conduct an interview at their Montreal consulate for this class of resident and that i must either be some other class of resident in Canada, or fly all the way back to Auckland, NZ just for a damn interview. Seems crazy, but that is the rules apparently. Getting a different status in Canada would take many months if it is possible.

I know i can go to visit her in MI and as a spouse it is legal to adjust status and get EAD 90 days later. Seems much better to quit the CR-1 and do that rather than flying all the way to the other side of the planet for an interview. Is the anything I am missing with that option?

[Aquila Rossa]

Thanks Ray.

I did not realize I would have to complete the medical to send in with the form I-485. It should not be a problem. I guess a lot rides on getting that EAD after 90 days. I am apprehensive about making the move and then not getting the work permit. Affidavit of Support is a problem too, because she is in the process of making her business work and is not quite there yet. I was hoping that with my working there, I could add that income to it later on.

So many hoops huh. A couple should be able to just get together in the same place with minimal fuss and get on with their lives.

[Aquila Rossa]

I think my greatest concern with suspending the CR-1 effort and going the I-485 route is moving to USA and not getting EAD or an interim after 90 days.

I think the most likely reason for that to happen is my wife's income is not quite sufficient for I-864. It was very low last year because she is at her folks and starting her business. It has improved a lot and can be projected to be enough within the next several months. Her parents are very well off, but absolutely unwilling to help in any way with our marriage, including co-sponsorship. We are on our own and everything depends on my being able to work asap if we choose to adjust status next time i visit her. They cover her living expenses and she has been turned down for social assistance and disability due to her parent's income. I have argued that is free housing cost income for affidavit of support for the CR-1. They seem to have accepted the I-864 we sent NVC several weeks ago for the CR-1 and are not asking for more info so far.

So, the question is: Can EAD be denied for her not making the 125% income level, or only for an incomplete or incorrect 1-864?

[rayb]

An EAD will be denied only if you do not respond to an evidence request satisfactorily.

--Ray B

I think my greatest concern with suspending the CR-1 effort and going the I-485 route is moving to USA and not getting EAD or an interim after 90 days.

I think the most likely reason for that to happen is my wife's income is not quite sufficient for I-864. It was very low last year because she is at her folks and starting her business. It has improved a lot and can be projected to be enough within the next several months. Her parents are very well off, but absolutely unwilling to help in any way with our marriage, including co-sponsorship. We are on our own and everything depends on my being able to work asap if we choose to adjust status next time i visit her. They cover her living expenses and she has been turned down for social assistance and disability due to her parent's income. I have argued that is free housing cost income for affidavit of support for the CR-1. They seem to have accepted it and are not asking for more info so far.

Can EAD be denied for her not making the 125% income level, or only for an incomplete or incorrect 1-864?

[Aquila Rossa]

An EAD will be denied only if you do not respond to an evidence request satisfactorily.

--Ray B

thanks again

"satisfactorily" meaning just supply the required documents and evidence, not satisfy the I-864 income requirement?

[rayb]

It's the same thing. If your response to an evidence request does not satisfy the need for income proof, the Adjustment package is denied. Usually, you have only one shot to provide an additional evidence request.

--Ray B

thanks again

"satisfactorily" meaning just supply the required documents and evidence, not satisfy the I-864 income requirement?

[Aquila Rossa]

It's the same thing. If your response to an evidence request does not satisfy the need for income proof, the Adjustment package is denied. Usually, you have only one shot to provide an additional evidence request.

--Ray B

and EAD denied too huh? Her income is close to the mark but not there yet. I was hoping to go there, adjust status, get work permit, and use my income to help make sure she clears the 125%. Seems kind of too risky to move there while her income is not quite enough.

[Aquila Rossa]

p.s. She is current barely making $10K. has no cost of living expenses. One child. She is not going to meet the requirements at this stage. Only way she possibly could is if they accept that her parents cover all her and her daughter's living costs and count that as income. I can not make the move there until I know for certain this can work out. My income could not be counted until i am working, or have concrete offer of employment.

[rayb]

Parents seem to be about 50% uncooperative and the other 50% real cooperative with sponsorship issues.

The reasons for parents unwilling to cooperate are many: afraid of liability; bad experiences with children's prior experiences; not fully informed about what sponsorship entails.

Perhaps your gal's explanation isn't adequate enough to ease parents' minds about liability.

--Ray B

and EAD denied too huh? Her income is close to the mark but not there yet. I was hoping to go there, adjust status, get work permit, and use my income to help make sure she clears the 125%. Seems kind of too risky to move there while her income is not quite enough.

[rayb]

"In kind" assistance does not count as income for sponsorship purposes.

She needs to show proof of income that will annualize at about $25,200 or greater to cover her household of 3. A 40-hour-per-week job at $12.50 an hour with work history of about 4 months would probably satisfy the requirement.

If you forget about being processed in the U.S., and plan on interviewing in your home country after completion of the NVC processing, you can make this work. Your paperwork can sit at the NVC while your gal obtains evidence of working a few months at a $12.50 pay scale or better.

Maybe the parents are trying to send a message to the daughter that she needs to stand on her own two feet.

--Ray B

p.s. She is current barely making $10K. has no cost of living expenses. One child. She is not going to meet the requirements at this stage. Only way she possibly could is if they accept that her parents cover all her and her daughter's living costs and count that as income. I can not make the move there until I know for certain this can work out. My income could not be counted until i am working, or have concrete offer of employment.

[Aquila Rossa]

Parents seem to be about 50% uncooperative and the other 50% real cooperative with sponsorship issues.

The reasons for parents unwilling to cooperate are many: afraid of liability; bad experiences with children's prior experiences; not fully informed about what sponsorship entails.

Perhaps your gal's explanation isn't adequate enough to ease parents' minds about liability.

--Ray B

My family in New Zealand are very supportive, but her family were totally against the marriage. We eloped while I was in MI. My wife is a qualified teacher who got straight A marks and honours at uni, but her health issues mean she has has had to find a way to work for herself. She is getting there slowly. I want to be there to help her asap. Her folks flat out refused to co sponsor when they asked how they could help. Potentially being liable for something they can not control is a no go for them. They control everything. Both are manager types.

I have just emailed the case manager at NVC handing the current IV case about my wife's I-864. They have not requested any fuirther information, but i have no idea if they consider my wife can sponsor me or not. I have asked if the case manager can let us know. This will give me an indication whether or not a new I-864 for a I-485 will be accepted or not.

Thanks for your time btw. It helps a lot having somebody to discuss this with who knows about it all.

[Aquila Rossa]

p.s. she got refused disability due to her parent's income, which is why they take care of her. She has severe ADHD and also bipolar. I doubt disability in USA would be enough to meet the requirement anyway, even if they do allow disabled on social assistance to sponsor. This is why she is trying to work form home, but only on about $10k per year so far. Very tricky situation I have myself in, but i can not give up because we are so set on each other. Getting her to NZ is a no go, because her parents and ex would fight tooth and nail her taking the daughter out of state, let alone out of the country.