Need to decide between CR-1 with K-3 or K1 visa.

[Liz_D 0]

My fiance and I have a dilemma. We are both in Korea at the moment but I have to go home to the USA at the end of this month. I was under the impression that as my spouse, the visa process for my husband would be faster. Now I am hearing that a K-1 fiance visa is actually faster and easier to get approved. Is this right? I was considering filing the I-130 for my husband along with the petition for the K-3 if that would make things go faster. If it is easier and faster to get the K-1 visa for my fiance, we might just wait and get married in the US. I also read somewhere, though can't remember where, that the income requirement to sponsor a fiance is 100% of the federal poverty guideline instead of 125%. I have searched the US Immigration website and can't find the actual income needed to sponsor a fiance visa anywhere. Basically, I am asking what our best option will be to get him to the US as fast as possible. I am also worried about having enough income to sponsor him, so needing less would be helpful. Thanks in advance for any help.

[Casprd 167]

K-3 visa is administratively dead so you can forget that one. The K-1 vs CR-1 visa from start to entry in to the US is pretty comparable time wise. The difference is the process for the K-1 doesn't stop there. Your spouse won't be able to work until you AOS and they get a green card which can be months and months. With the CR-1 they are eligable for a GC as soon as they enter the US so they can work and go to school or whatever. Very important for assimilating and not being bored and homesick.

The other difference is the cost. K-1 is cheaper if you look at the process up to entering the US, but there are still a lot of fees after this that must be included which makes the K-1 more expensive in the long run. So from a practical standpoint CR-1/IR-1 is faster from start to finish and less expensive. K-1 may save a couple of months for the time of entry but it is a trade off. Another thing to consider is that several things I have read from CO's themselves indicate they are much more critical for K-1 visas becasue there is more fraud with this especially when there is a co-sponsor involved. Botton line is each have pros and cons it just depends on what makes the most sense in your situation.

[Ryan H 3,790]

I also read somewhere, though can't remember where, that the income requirement to sponsor a fiance is 100% of the federal poverty guideline instead of 125%.

The only needing to have income at 100% of the federal poverty line only applies if the sponsor is sponsoring their spouse or child AND if the sponsor is on active duty in the US Military.

Even though you will be filling out the I-134 in the case of a K1, I have seen posts on VJ that say the guidelines on the I-864P are used by Embassies and Consulates to make a determination in K1 cases with regards to income.