Is k-3 better for my case???

[goroman 0]

Hi

I am US citizen married to foreign citizen. I am not in the USA right now and I am currently unemployed. We want to move permanently to USA. I know that spouse visa has many advantages and almost twice cheaper than K-3 visa. But if I apply for spouse visa I would need to provide my income which I do not currently have. As far as I know K-3 doesn't require this information. Should we go with K-3? Please advise

Thanks

[Penguin_ie 5,999]

Incorrect- the K3 also requires income info. In any case, the K3 is obsolete and you will not have a choice, the K3 will be administratively closed at NVC stage.

If you do not have enough income you can sponsor on assets (3 times the income required), or find a co-sponsor.

[goroman 0]

Incorrect- the K3 also requires income info. In any case, the K3 is obsolete and you will not have a choice, the K3 will be administratively closed at NVC stage.

If you do not have enough income you can sponsor on assets (3 times the income required), or find a co-sponsor.

Why is it closed? It is still here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

is it possible for my brother who is in the USA to be a sponsor?

[Anh map 2,098]

Why is it closed? It is still here http://www.uscis.gov...000082ca60aRCRD

is it possible for my brother who is in the USA to be a sponsor?

Any US citizen or green card holder can be a sponsor.

[Ryan H 3,865]

Why is it closed? It is still here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

While the K3 visa remains on the books, current NVC policy makes it virtually unobtainable. Here is the current NVC policy (keep in mind that the NVC is a State Department agency and USCIS is a Department of Homeland Security agency; you will not find State Department policies on USCIS websites or vice versa): If the NVC receives an approved I-130 petition at the same time or before they receive an approved I-129F petition that was filed to start the K3 process, the I-129F petition is administratively closed leaving only the I-130 active (which is the CR-1 or IR-1 visa path).

That's the short version, this is the long version. In February 2010, the NVC implemented the policy I described above. Since 2006, if an I-129F is filed to start the K3 process, USCIS ties it with the I-130 by pulling the I-130 from its current place in the queue and placing it with the I-129F that was just submitted. The two petitions are usually adjudicated at the same time and a decision is made on both at the same time. If approved, both are usually sent to the NVC at the same time. The NVC will usually receive both at the same time or sometimes, the I-130 will arrive first; in either scenario, the policy I outlined above kicks in. There are rare circumstances where the I-129F will arrive at the NVC first, in that scenario, it is assigned a case number and sent to the appropriate Embassy or Consulate overseas. There is also a choice of how to proceed in this scenario, if one wanted the K3, they would follow all Embassy/Consulate instructions related to it, if they wanted the CR-1 (or IR-1), then they would follow the appropriate steps at the NVC and ignore K3 correspondence.

[goroman 0]

Thanks for your answers.

But can I apply for CR1 while living abroad with my spouse? Or it is a requirement that I must live in the USA? I do have an address in the USA and all the mailing paperwork will be done in USA.

Edited August 18, 2012 by goroman

[Penguin_ie 5,999]

No need to live in the US, but you must show "intent to re-establish domicile", ie that you, the petitioner, will move back before or at the same time as your wife- evidence of looking for a job, buying or renting a home, getting your drivers license etc.

[pushbrk 13,528]

No need to live in the US, but you must show "intent to re-establish domicile", ie that you, the petitioner, will move back before or at the same time as your wife- evidence of looking for a job, buying or renting a home, getting your drivers license etc.

Correct. Also, if you mail the petition from abroad indicating you both live abroad, there's also nearly a 100% chance the process will be several months faster for you.

[goroman 0]

Correct. Also, if you mail the petition from abroad indicating you both live abroad, there's also nearly a 100% chance the process will be several months faster for you.

Really? I would think the other way. Why would it be faster if I do everything from abroad? What is a reason for that?

No need to live in the US, but you must show "intent to re-establish domicile", ie that you, the petitioner, will move back before or at the same time as your wife- evidence of looking for a job, buying or renting a home, getting your drivers license etc.

So how do I show it? I will definitely be looking for job and apartment rent but how do I show it?

[Penguin_ie 5,999]

It's faster because until last year, USCs living abroad could file directly with the embassy (like we did- whole think took 6 weeks instead of the usual 9-12 months); this isn't possible anymore in most countries, but the USCIS will "auto expedite" the case if the petitioner lives abroad. This is not an official policy, but something we have found in almost all cases here on VJ.

Emails with real estate agents and companies/ recruiters. Maybe visit the US- if you can- and sign a lease, renew your DL and voter registration etc. If you have kids, enroll them in a school near where you plan to live.

[khalid1989 3]

It's faster because until last year, USCs living abroad could file directly with the embassy (like we did- whole think took 6 weeks instead of the usual 9-12 months); this isn't possible anymore in most countries, but the USCIS will "auto expedite" the case if the petitioner lives abroad. This is not an official policy, but something we have found in almost all cases here on VJ.

Emails with real estate agents and companies/ recruiters. Maybe visit the US- if you can- and sign a lease, renew your DL and voter registration etc. If you have kids, enroll them in a school near where you plan to live.

do you say like I put the address of my spouse which is abroad ( where I live too ) in the B2 question of the i-130 which is " the petitioner address" ? is there where they gonna send me the mails if they needed to?

[pushbrk 13,528]

do you say like I put the address of my spouse which is abroad ( where I live too ) in the B2 question of the i-130 which is " the petitioner address" ? is there where they gonna send me the mails if they needed to?

The I-130 asks for the address where you currently reside. You and your spouse reside in the same place. Simple stuff. You don't really need any mail from USCIS. Follow the guides here, include a G1145 and register for email updates. Become an expert on the process.

[goroman 0]

It's faster because until last year, USCs living abroad could file directly with the embassy (like we did- whole think took 6 weeks instead of the usual 9-12 months); this isn't possible anymore in most countries, but the USCIS will "auto expedite" the case if the petitioner lives abroad. This is not an official policy, but something we have found in almost all cases here on VJ.

Emails with real estate agents and companies/ recruiters. Maybe visit the US- if you can- and sign a lease, renew your DL and voter registration etc. If you have kids, enroll them in a school near where you plan to live.

So do I file to USCIS from abroad or from US address? Can you give more details on this procedure? Thanks

[Penguin_ie 5,999]

You use the address you currently are at, which is the one abroad. The procedure is exactly the same: http://www.visajourney.com/content/i130guide1 it just goes faster.

[goroman 0]

You use the address you currently are at, which is the one abroad. The procedure is exactly the same: http://www.visajourney.com/content/i130guide1 it just goes faster.

I'm worried I won't be getting NOAs on time from USCIS.....or I don't need them?

Also the link you gave says:

"An I-864 form is also included that must be filled out by the petitioner (living in the US)."

This confuses me again. Must I live in US when filing for spouse?

What happens when the case is denied?

Is bank statement required in I-864? Or just tax returns?