Sponsor for K3 Visa

[Orin Reed 0]

Hello everyone, I've a complicated case here. I was a mother of two, married with US citizen. I've two kids ( Bryce, Rey ). Bryce was my step son from previous marriage of my husband and Rey was daughter from our marriage. I really need to go US asap. I've so much questions :

1. What kind of visa that supposed to be apply? Is it possible to apply K3 visa? I'm worry got denied because when I was 6mo pregnant and apply Tourist Visa to go US for Baby Shower on Consulate in Indonesia they're rejected me with excuse will worry I'll being illegal immigrant on there because I've no job and property in Indonesia that proof them enough might I'll not return to my country, blaa blaa then they're said can trying again after I'm giving birth instead.

2. If we're apply K3 visa, who's gonna be sponsor? My husband or my mother in law? Because my husband wasn't working and have a salary since we're here in two years, he can't get a job because over qualified and nothing company willing to give a proper salary to him then we just do some small business only enough to pay our bills and a little have fun for kiddos. FYI we can survive here only with $350 for a month. But if my mother in law being sponsor nor co sponsor, she was divorced and only living on van ( mobile living ) so she has no house rent, property, etc. But she was work on some nursing home. 

3. If possible to apply K3 visa how long it'll be takes? Because we've too be rush, our nanny there was have dementia and she was 94yo who really want to meet me and Rey we're worry we can't reach the time if take so long.

4. If there was solution from you to use catching time for nanny we'll appreciate it. FYI we're still doesn't know will just do trip or move back for settle to US. 

 

Thanks for the answer. 

 

Regards, 

 

Orin Reed

[geowrian 22,335]

Unfortunately, ASAP is not an option. The CR-1/IR-1 visa process will take 12-14 months on average.

 

K-3 is obsolete. It technically still exists and remain that way until the laws change, but is no longer regularly being issued (only a little over a hundred all last year versus close to 200k CR-1/IR-1 visas in the same period). I'm going to proceed with the below as if you are asking about a CR-1/IR-1 visa as that would actually be taking.

1. CR-1/IR-1 visa. This is a visa for a spouse....it will be a CR-1 if married less than 2 years and IR-1 if married over 2 years. Regardless of the actual visa class obtained, your CR-1 or IR-1 status is determined upon entry into the US on that visa (i.e. entering the US after 2 years will get you IR-1 status, with no ROC being necessary in 2 years).
   1. It sounds like you were denied under 214b (immigrant intent). This is not an issue for an immigrant visa...so just disclose the visa application whenever requested, but it's not a reason to be denied for this visa (unless there was a misrepresentation made during the process).
2. Your spouse must complete an I-864 and provide all supporting documentation. If his income/assets are insufficient, then any USC or LPR in the US that makes enough money can be a joint sponsor.
   1. What country are you both living in, and for how long has your spouse lived there? DCF may be an option, which will turn the 12-14 month timeframe down to a few months.
      1. Edit: I'm going to assume Indonesia. If so, DCF is unavailable.
   2. Since he is living abroad, he must show US domicile OR sufficient intent to establish US domicile before the visa will be issued. This is more than just having a place lined up to sleep within the US.
   3. Is your husband current on taxes? USCs are taxed on worldwide income. The I-864 requires that he filed for the past 3 years, or provide a letter stating why he was not required to file (i.e. if he did not make enough money to file). At $350/month, he may or may not have been under the threshold required to file taxes...but I suggest doing a little research here, or just filing said taxes (if he hasn't done so already) beforehand.
   4. The income levels are here: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf
3. CR-1/IR-1 takes 12-14 months right now. YMMV.
   1. A K-3 may be closer to ~9 months right now, but as stated above, this has an extremely low chance of occurring. It would turn into a CR-1/IR-1 process anyway. Even then, K-3 is more expensive (due to having to do AOS) and has several drawbacks anyway.
4. I'm not sure what you mean. A spousal visa is to live within the US as a permanent resident. If you will not actually live in the US, then the green card would be abandoned anyway. If you just want to visit, then a tourist visa is the option to take....although it sounds like that's not likely to be obtained given your circumstances and past denial.

Edited December 26, 2017 by geowrian

[Orin Reed 0]

On Wed Dec 27 2017 at 1:51 AM, geowrian said:

Unfortunately, ASAP is not an option. The CR-1/IR-1 visa process will take 12-14 months on average.

 

K-3 is obsolete. It technically still exists and remain that way until the laws change, but is no longer regularly being issued (only a little over a hundred all last year versus close to 200k CR-1/IR-1 visas in the same period). I'm going to proceed with the below as if you are asking about a CR-1/IR-1 visa as that would actually be taking.

1. CR-1/IR-1 visa. This is a visa for a spouse....it will be a CR-1 if married less than 2 years and IR-1 if married over 2 years. Regardless of the actual visa class obtained, your CR-1 or IR-1 status is determined upon entry into the US on that visa (i.e. entering the US after 2 years will get you IR-1 status, with no ROC being necessary in 2 years).
   1. It sounds like you were denied under 214b (immigrant intent). This is not an issue for an immigrant visa...so just disclose the visa application whenever requested, but it's not a reason to be denied for this visa (unless there was a misrepresentation made during the process).
2. Your spouse must complete an I-864 and provide all supporting documentation. If his income/assets are insufficient, then any USC or LPR in the US that makes enough money can be a joint sponsor.
   1. What country are you both living in, and for how long has your spouse lived there? DCF may be an option, which will turn the 12-14 month timeframe down to a few months.
      1. Edit: I'm going to assume Indonesia. If so, DCF is unavailable.
   2. Since he is living abroad, he must show US domicile OR sufficient intent to establish US domicile before the visa will be issued. This is more than just having a place lined up to sleep within the US.
   3. Is your husband current on taxes? USCs are taxed on worldwide income. The I-864 requires that he filed for the past 3 years, or provide a letter stating why he was not required to file (i.e. if he did not make enough money to file). At $350/month, he may or may not have been under the threshold required to file taxes...but I suggest doing a little research here, or just filing said taxes (if he hasn't done so already) beforehand.
   4. The income levels are here: https://www.uscis.gov/system/files_force/files/form/i-864p.pdf
3. CR-1/IR-1 takes 12-14 months right now. YMMV.
   1. A K-3 may be closer to ~9 months right now, but as stated above, this has an extremely low chance of occurring. It would turn into a CR-1/IR-1 process anyway. Even then, K-3 is more expensive (due to having to do AOS) and has several drawbacks anyway.
4. I'm not sure what you mean. A spousal visa is to live within the US as a permanent resident. If you will not actually live in the US, then the green card would be abandoned anyway. If you just want to visit, then a tourist visa is the option to take....although it sounds like that's not likely to be obtained given your circumstances and past denial.

I'm trying to go US quick since my nannie was 94yo and don't have much time. If I go with B2 Visa can I do AOS to be CR1? 9months was too long for her, we're worry that we can't make it

[Unlockable 7,306]

7 minutes ago, Orin Reed said:

I'm trying to go US quick since my nannie was 94yo and don't have much time. If I go with B2 Visa can I do AOS to be CR1? 9months was too long for her, we're worry that we can't make it

No, you can't use a B2 to plan to got to the US and AOS because it is fraud.

 

Like @geowrian said there is no quick way.

 

You can try for a B2 but it is likely you will be denied as it is obvious you have immigrant intent. There is nothing you can do about the time it takes.

[geowrian 22,335]

Exactly as noted above...you can apply for a B-2 to visit then return home, but getting said visa (and sometimes even using said visa) with a pending immigrant petition is unlikely. And it's fraud to enter on it with the intent to stay in the US / adjust status.