K1 Fiancee Visa or K3 Non-immigrant Spouse Visa

[samsavage1980 0]

Hi my name is Sam and I am new to VisaJourney,

I am a UK citizen - living and working in the UK and have recently proposed (last week) to my long distance girlfriend, who is currently finishing her final year as a medical student in Columbus, Ohio.

We have been looking into the best course of action regarding how I can best join my fiancee in the US and would really love to hear from anyone who has been through a similar situation to us.

From the research I have done I am lead to believe that my fiancees' student loan income cannot be used on her form I-134 Affadavit of Support as loan income doesn't count as income.

My fiancee graduates as medical student in April 2013 and will at that point receive a contract for her residency which will commence in June / July 2013 and will pay circa $50,000 p.a.

I was hoping to move to the States to live with my fiancee from March 2013 and was looking at the wait times for K1 fiancee visas (4 - 7 months)- this is not looking likely.

Questions:

1) Does anyone know whether my fiancee has to have started her residency contract (ie after June 2013) before we can apply for our K1 Fiancee visa or whether an employment contract stating her salary (which will be received in March 2013) would be sufficient for the form I-134 application?

2) The above considered - especially given the wait times for a K1 Fiancee visa. We are now wondering whether it would make more sense for us to get married in September in the UK and then to apply for a K3 visa either in March 2013 - if they will accept her contract of employment as evidence of income or June / July 2013 once she has started her residency as this looks like a faster process than the K1 fiancee visa and then once approved ?

Any comments would be gratefully received.

Thanking you in advance

Kind regards

Sam

[RichF 13]

Hi

I'm in a similar position with regards to deciding on which visa and when to get married.

As far as I can tell from what I have read on here an on the uscis website the K3 visa is no longer issued.

You would either have to travel over on a K1 to get married in the US or apply for a CR-1 after getting married to move over there.

With regards to the income question I think she has to show pay slips etc so would only be able to provide that evidence after starting her contract.

Your K1 as far as I know doesnt require and afadavit of support a it counts as a non immigrant visa.

When you apply to adjust status that is when you need the afadavit.

[RichF 13]

Actually looking at things again you do need an afadavit of support

[bestofboston 36]

The K3 process can no longer be obtained. If married, you must do an I-130 for a IR1/CR1 visa. Once the CR1 is approved at the USCIS, the NOA2 paper work is transferred to the National Visa Center (NVC) in Portsmouth, New Hampshire. In your case, it will be a CR1 visa because you would be married less than two years when applying for the visa.

The K1 visa will get you in the USA about 4 months quicker than an CR1 visa. The CR1 visa takes approximately 10 months before interview at embassy. This varies between countries. See timelines for England on Visa Journey for both K1 and IR1/CR1 visa.

Perhaps her parents or a friend would be willing to become a sponsor if she does not initially qualify.

If not, you will need to wait until she qualifies based on income. I don't know if they will make any exceptions to the rule just because she is becoming a Doctor. I know the banks will make exception for loans based on becoming a doctor but I not thinking the government will make exception.

Perhaps someone else can shed some light on this.

[Nich-Nick 3,354]

Hi my name is Sam and I am new to VisaJourney,

Any comments would be gratefully received.

Sam

Hey Sam

As said before, the K3 is basically dead now. For a K1 you can start now. Timelines are all over the place, but assume some averages.

Petition goes in July 1

Petition approved December 1

Some time taken to get approved petition file sent to London by USCIS via NVC.

London process takes a few months so interview March 1, 2013.

It is at the interview for a K1 that her affidavit of support is needed. It's not part of the I-129F petition. Should you process faster, you can control when the interview is by not getting your documentation in saying you are prepared to interview (form DS-2001). You also have 6 months after the visa is issued to enter the US should you get it earlier than you want.

Your timeline will vary based on the many steps that have potential for log jam but in general, I think now is the time to start if you want a K1.

If you want a CR1, then you can marry in the US on visa waiver entry, go back to the UK and wait on the spousal procedure. It's a good visa because you get a greencard upon arrival and can work immediately as well as get a drivers license. The affidavit of support will be called for before the interview and is stricter than the fiancé affidavit of support. It will take you a little longer to get the Cr1 than the K1, but you don't have to apply for adjustment of status ($1070) after US entry and marriage. Swings and roundabouts as my husband would say.

Here's the London policy on the support issue. Each consulate is a bit different and London is pretty easy. http://london.usembassy.gov/faffidavit.html

[Mogambi 96]

If you want to do the K1 route, and her income isn't enough, then just get a co-sponsor. That is basically just someone who will be willing to agree and has the income to help should it become necessary. Usually this is a parent, or sibling.

Probably by the time you get here and you file for Adjustment of Status, she'll have to sumit a more 'official' Affidavit of Support. But by then hopefully she'll be working.

[samsavage1980 0]

Thank you everyone for all your replies which have been very usefull and informative.

It looks like the most sensible option will be to go the K-1 Fiancee visa route for us as there are too many uncertains with the CR-1.

Does anyone have an idea of how long it will take for the adjustment of status to be processed and whether I can work in the US whilst waiting for this to be approved ?

Thanks

Sam

[Nich-Nick 3,354]

It looks like the most sensible option will be to go the K-1 Fiancee visa route for us as there are too many uncertains with the CR-1.

Does anyone have an idea of how long it will take for the adjustment of status to be processed and whether I can work in the US whilst waiting for this to be approved ?

You won't work or travel internationally for at least several months on a K1. That's why a Cr1 is a better visa for many. The things that have to happen before work are:

1. Marry
   
2. Get the marriage certificate back
   
3. Find a civil surgeon who won't over-charge you to write up your immunizations if you didn't fully take care of that before the UK medical.
   
4. Apply for adjustment of status (AOS), work authorization (EAD), and travel (AP).
   
5. Wait 60-90 days on the EAD approval.