K3 Visa or I130 petition

[Mohitf 0]

Hello All members,

I'm an Indian citizen and my wife is an American National. We are currently living in Mumbai (India) since the last 2 years leading a blissfully happy married life. We are contemplating moving to US, just wanted to check as to, should i apply for K3 or the I130 from here in India (The USCIS is in New Delhi). Can anyone help with me a step by step process on how to apply from India and also howlong will both of them take.

You can also get in touch with me at mohit.fatnani@gmail.com

Thank you in advance!!

Best Regards

Mohit

[Ryan H 3,791]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path you are likely to end up on (explanation below). 5 duplicate threads removed.

You don't apply for the I-130, the I-130 is the petition form that your US Citizen spouse files with USCIS. After that petition is approved, that is when you apply for a visa.

The visa you are likely to be applying for when the appropriate time comes is an IR-1 (you have indicated that you have been married for two years).

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Petitions for K visas cannot be filed at overseas USCIS field offices, they have to be sent to a stateside locbox. Furthermore, the K3 visa is virtually unobtainable because the K3 process is started when an I-129F petition is filed after an I-130 is filed stateside. USCIS ties the two petitions together (by pulling the I-130 from its place in the queue and placed with the I-129F that was just filed) and an adjudication decision on both petitions is made at the same time. If both petitions are approved, they are usually sent to the NVC at the same time. If the NVC receives both petitions at the same time or if they receive the I-130 first, the I-129F that was filed is administratively closed leaving only the I-130 active. A foreign spouse who is the beneficiary of an I-130 petition would apply for a CR-1 visa if married to their US Citizen spouse less than two years or IR-1 visa if married for two years or more.

You will need an India specific answer for how long the process takes if the petition is filed in India. If the petition is sent to a stateside lockbox, a decision is likely to come quickly if your spouse uses the address in India on all the forms.

Edited May 25, 2012 by Ryan H

[sonineni 8]

hello,

u can go through direct consular processing....

hello,

u can go through direct consular processing....

It will be held in Delhi...u can go through www.***removed*** for more information...

u can mail me for information..

[Mohitf 0]

Hello Ryan,

Thank you for your answers. Just a couple of quick points i need to clarify. My wife has an OCI (Overseas citizenship of India), which enables her to stay in India forever without any visa. She is planning to fly to US for a couple of weeks to see her parents. Does she need to stay in India for 6 months after coming back to apply? This doesnt make sense as she has a valid visa to stay. Also does she need to show income documents. She cannot as she has been in India for more thn 4 yrs and cannot produce pay stubs or tax returns. Can i show our India bank account showing that we can support ourselves.

Can i speak with you on a particular no?

Best Regards

Mohit

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path you are likely to end up on (explanation below). 5 duplicate threads removed.

You don't apply for the I-130, the I-130 is the petition form that your US Citizen spouse files with USCIS. After that petition is approved, that is when you apply for a visa.

The visa you are likely to be applying for when the appropriate time comes is an IR-1 (you have indicated that you have been married for two years).

Your US Citizen spouse will need to have been living in India on a long-term stay visa or residence permit in order to file at the USCIS field office in New Delhi; tourist visa extensions do not count as "residing" in the country.

Petitions for K visas cannot be filed at overseas USCIS field offices, they have to be sent to a stateside locbox. Furthermore, the K3 visa is virtually unobtainable because the K3 process is started when an I-129F petition is filed after an I-130 is filed stateside. USCIS ties the two petitions together (by pulling the I-130 from its place in the queue and placed with the I-129F that was just filed) and an adjudication decision on both petitions is made at the same time. If both petitions are approved, they are usually sent to the NVC at the same time. If the NVC receives both petitions at the same time or if they receive the I-130 first, the I-129F that was filed is administratively closed leaving only the I-130 active. A foreign spouse who is the beneficiary of an I-130 petition would apply for a CR-1 visa if married to their US Citizen spouse less than two years or IR-1 visa if married for two years or more.

You will need an India specific answer for how long the process takes if the petition is filed in India. If the petition is sent to a stateside lockbox, a decision is likely to come quickly if your spouse uses the address in India on all the forms.

[Ryan H 3,791]

My wife has an OCI (Overseas citizenship of India), which enables her to stay in India forever without any visa. She is planning to fly to US for a couple of weeks to see her parents. Does she need to stay in India for 6 months after coming back to apply? This doesnt make sense as she has a valid visa to stay. Also does she need to show income documents. She cannot as she has been in India for more thn 4 yrs and cannot produce pay stubs or tax returns. Can i show our India bank account showing that we can support ourselves.

Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.

[pushbrk 12,152]

Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.

Ryan is correct. To be more specific though, your wife will need to show that she has or intends to re-establish domicile. The term "working to" is correct but could easily be misunderstood as needing to have a job in order to.... Indications that you'll be staying with her parents until finding a place of your own will usually suffice.

If it's just the two of you, about $60,000 in liquid assets (minimum) would be needed to self-sponsor without either a job in the USA, other income that would continue in the USA or a joint sponsor.

[Mohitf 0]

Hi Ryan,

Thank you so much for your help. Can we show sufficient funds in her US bank account? I can ask her parents to show their Tax returns and stuff but do not want to take an obligation. Could you clarify on "One additional thing, your wife will have to show that she is working to re-establish a US Domicile". She is a housewife here in India and does not work.

Best Regards

Mohit

Based on what you have posted, your wife is likely eligible to file the I-130 at the New Delhi USCIS field office, she shouldn't need to wait for 6 months after visiting her parents in the US but she will likely have to show when she began living in India.

Your India bank account can be used for the Affidavit of Support if it's transferable to the US, however, the account by itself may not be sufficient to meet the threshold. I will defer to others to give you more specific information in regards to the Affidavit of Support. One additional thing, your wife will have to show that she is working to re-establish a US Domicile.

[pushbrk 12,152]

Hi Ryan,

Thank you so much for your help. Can we show sufficient funds in her US bank account? I can ask her parents to show their Tax returns and stuff but do not want to take an obligation. Could you clarify on "One additional thing, your wife will have to show that she is working to re-establish a US Domicile". She is a housewife here in India and does not work.

Best Regards

Mohit

Your questions have been answered above, in my post. No, your wife is not required to be employed but is required to be "working to" (show intent to) re-establish domicile in the USA.

[Mohitf 0]

Hello,

Thank you pushbrk for your help. I think it best makes sense for me to ask her parents to ask for their Tax returns and their rent agreement to show that i would be staying with them.I think their income should be over 18k p.a (Over poverty line) to help sort the financial independence.

Best Regards

Mohit

Ryan is correct. To be more specific though, your wife will need to show that she has or intends to re-establish domicile. The term "working to" is correct but could easily be misunderstood as needing to have a job in order to.... Indications that you'll be staying with her parents until finding a place of your own will usually suffice.

If it's just the two of you, about $60,000 in liquid assets (minimum) would be needed to self-sponsor without either a job in the USA, other income that would continue in the USA or a joint sponsor.

[pushbrk 12,152]

Hello,

Thank you pushbrk for your help. I think it best makes sense for me to ask her parents to ask for their Tax returns and their rent agreement to show that i would be staying with them.I think their income should be over 18k p.a (Over poverty line) to help sort the financial independence.

Best Regards

Mohit

The parents' income would need to cover three people, not just two. You don't just show their tax returns. Study the instructions for the I-864 and consult the I-864p for the applicable minimum income requirements. Household size for the parents would be the two of them plus any dependents, any previously sponsored immigrants and you, the intending immigrant.