Both living abroad - K3 or IR1?

[lel_90 0]

Hi everyone, I'm new to this site and the process, so bear with me. I'm sure some of my questions have come up elsewhere, but I'm just overwhelmed.

I'm a US citizen, my husband is Jordanian, and we've been living in Jordan for 3 years. Our 2nd wedding anniversary is coming up in 3 weeks.

Since his tourist visa is expiring, we want to apply for some sort of spouse visa, but I don't know which is the better route to take. I don't think we want to move to the US for another 2 years (we have family concerns here), so I'm nervous that if we apply for the IR1, it'll take about a year and then we'll have to go right away. But I'm also afraid immigration laws could become much more restrictive and difficult in that time period.

My dad has offered to be a financial sponsor if needed, and I could use either his house or my mom's house as my domicile in the US.

If we apply for K3, can we apply for adjustment of status later on from Amman, or would he have to move to the US first? Also, could he travel with me to the US on a K3 visa to visit my family, or is it intended that you're supposed to move to live in the US on that visa?

The other thing is, my husband and I maintain a house together in Amman, but he works in Saudi Arabia and is there most of the time. Will this reflect poorly on our application?

Thanks for any advice!

[geowrian 22,335]

1. K-3 is obsolete...it's a relic from back when the CR-1/IR-1 was taking multiple years. Very, very few are issued anymore (due to USCIS and NVC processing policies).
2. Even if the K-3 somehow made it through USCIS and NVC, it's currently only a couple months faster and much more expensive, has more restrictions (i.e. no work for months after entry), and will take about a year longer to get the actual green card (and therefore a year longer wait to naturalize).
3. You can only file for AOS within the US, and you cannot enter the US on a tourist visa with intent to file for AOS.
4. You will need to show a bona fide marriage.
5. You must be able to financially support him so he will not become a public charge. The I-864 requires a minimum of 125% of the poverty level for your household size in income. Assets can be used instead/alongside income at a 3x multiplier.
   1. Income must continue from the same source upon return to the US to be considered.
   2. You must have filed at least the last 3 years of taxes, or provide an explanation as to why you were not required to file taxes (i.e. income below the filing threshold). Note that USCs and LPRs are taxed on worldwide income.
   3. A joint sponsor (USC or LPR in the US) can complete an I-864 alongside your I-864 if you don't meet the requirements.
   4. You must have, or show sufficient intent to establish, US domicile before the visa can be issued. Note that domicile does not just mean having somewhere to sleep. The housing arrangement with your mother is good to include, but is probably insufficient as the only evidence of intent to establish domicile.
6. As for when to file, the current timeline is about 12-14 months from filing to interview. The visa is valid for 6 months from the medical. That said, you can easily delay the process at NVC for up to a year.

I would also suggest looking at doing DCF in Jordan. Given his living situation, the embassy may not permit it. But if they do, expect the 12-14 months estimate to be more like a few months instead. This gives you a little more control of the timeline as well.

Edited January 10, 2018 by geowrian

[lel_90 0]

5 minutes ago, geowrian said:

1. K-3 is obsolete...it's a relic from back when the CR-1/IR-1 was taking multiple years. Very, very few are issued anymore (due to USCIS and NVC processing policies).
2. Even if the K-3 somehow made it through USCIS and NVC, it's currently only a couple months faster and much more expensive, has more restrictions (i.e. no work for months after entry), and will take about a year longer to get the actual green card (and therefore a year longer wait to naturalize).
3. You can only file for AOS within the US, and you cannot enter the US on a tourist visa with intent to file for AOS.
4. You will need to show a bona fide marriage.
5. You must be able to financially support him so he will not become a public charge. The I-864 requires a minimum of 125% of the poverty level for your household size in income. Assets can be used instead/alongside income at a 3x multiplier.
   1. Income must continue from the same source upon return to the US to be considered.
   2. You must have filed at least the last 3 years of taxes, or provide an explanation as to why you were not required to file taxes (i.e. income below the filing threshold). Note that USCs and LPRs are taxed on worldwide income.
   3. A joint sponsor (USC or LPR in the US) can complete an I-864 alongside your I-864 if you don't meet the requirements.
   4. You must have, or show sufficient intent to establish, US domicile before the visa can be issued. Note that domicile does not just mean having somewhere to sleep. The housing arrangement with your mother is good to include, but is probably insufficient as the only evidence of intent to establish domicile.
6. As for when to file, the current timeline is about 12-14 months from filing to interview. The visa is valid for 6 months from the medical. That said, you can easily delay the process at NVC for up to a year.

I would also suggest looking at doing DCF in Jordan. Given his living situation, the embassy may not permit it. But if they do, expect the 12-14 months estimate to be more like a few months instead. This gives you a little more control of the timeline as well.

Thanks very much for the thorough answers. A couple more questions: when talking about intent to establish a domicile, what else would I need to establish? Would it help if I had a job offer in the area or something?

As for income coming from the same source, does that mean I have to have the same job or something? I do consultant work so that might be tricky, although I could show my taxes.

And regarding his living situation, we wouldn't have a problem with him flying home for a scheduled interview or something (he comes home a couple times a month), but would he get in trouble for traveling outside of Jordan during the process? I hope this doesn't mean we can't travel at all!

Thanks again.

[geowrian 22,335]

15 minutes ago, leleger said:

Thanks very much for the thorough answers. A couple more questions: when talking about intent to establish a domicile, what else would I need to establish? Would it help if I had a job offer in the area or something?

Yes. Anything that shows you intend to actually live in the US is helpful. There's a section on domicile on the NVC process wiki: http://www.visajourney.com/wiki/index.php/NVC_Process

 

15 minutes ago, leleger said:

As for income coming from the same source, does that mean I have to have the same job or something? I do consultant work so that might be tricky, although I could show my taxes.

It means if you are using your own income to meet the requirements (i.e. you don't use a joint sponsor), then you must show that the income will continue from the same source.

 

15 minutes ago, leleger said:

And regarding his living situation, we wouldn't have a problem with him flying home for a scheduled interview or something (he comes home a couple times a month), but would he get in trouble for traveling outside of Jordan during the process? I hope this doesn't mean we can't travel at all!

There's no issue with him flying outside Jordan during the process, and he should be fine to interview in Jordan.

 

I was just referring to the DCF requirements. If you do DCF, the embassy generally requires you to be living together and have continually resided in the country for 6+ months.  The embassy would be able to provide more details on if DCF applies in your circumstance or not.

[Beast7 88]

IR 1 is better.

K3 is worthless nowadays

Edited January 10, 2018 by Ch and Co

[geowrian 22,335]

1 minute ago, Ch and Co said:

IR 1 is better.

K1 is worthless nowadays

K-1 isn't an option as they are married already.

Edited January 10, 2018 by geowrian

[Beast7 88]

2 minutes ago, geowrian said:

K-1 isn't an option as they are married already.

I  was going to say K3...

edited now