Are we eligible ?

[A F N 0]

I'm an American citizen

My wife is Tunisian

We live in Dubai at this moment . Can we still apply for a k-3 visa once we decide that we want to move and live in USA ?

[JohnR! 5,495]

You can apply for a K-3 but chances are your process will be processed as a CR/IR. The processing time for K-3 and CR/IR visas is virtually the same, so you are better off with the latter - upon arrival, the beneficiary will have no further processing to do stateside.

check out this link for more details: http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

Good luck!

Edited January 20, 2014 by Gegel

[A F N 0]

You can apply for a K-3 but chances are your process will be processed as a CR/IR. The processing time for K-3 and CR/IR visas is virtually the same, so you are better off with the latter - upon arrival, the beneficiary will have no further processing to do stateside.

check out this link for more details: http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

Good luck!

What is the difference between the two sir? I'm very confused actually

And do you know how long it usually takes to get the CR/IR ?

[JohnR! 5,495]

With a K-3, you do part of the process in your home country and the remainder upon arrival in the US. In essence, the K-3 is a non-immigrant visa, which means, upon arrival in the US you would need to begin the process of Adjustment of Status - AOS. It was/is used for the wives of US citizens who intend to enter the US with the purpose of establishing residence.

The CR/IR is an immigrant visa, which means you do the entire vetting process in your home country and you become a legal permanent resident - LPR - the moment your visa is stamped - endorsed - upon arrival in the US. It means once you are admitted there is no AOS to follow.

Because the CR/IR process requires more documentation, it used to take longer than the K-3 visas. That has changes and nowadays both processes last the same, thence the USCIS converting most K-3 processes into CR/IR.

The process takes, in average, 12 months, but it may vary depending on the country and individuals involved.

In summary, the K-3 and CR/IR visas will take you to the same destination.

I hope this helps.

Edited January 20, 2014 by Gegel

[Cathi 5,771]

The k3 is obsolete and no longer issued. You would petition an i130 for cr1 visa. Read the guides at the top of the page.

[A F N 0]

With a K-3, you do part of the process in your home country and the remainder upon arrival in the US. In essence, the K-3 is a non-immigrant visa, which means, upon arrival in the US you would need to begin the process of Adjustment of Status - AOS. It was/is used for the wives of US citizens who intend to enter the US with the purpose of establishing residence.

The CR/IR is an immigrant visa, which means you do the entire vetting process in your home country and you become a legal permanent resident - LPR - the moment your visa is stamped - endorsed - upon arrival in the US. It means once you are admitted there is no AOS to follow.

Because the CR/IR process requires more documentation, it used to take longer than the K-3 visas. That has changes and nowadays both processes last the same, thence the USCIS converting most K-3 processes into CR/IR.

The process takes, in average, 12 months, but it may vary depending on the country and individuals involved.

In summary, the K-3 and CR/IR visas will take you to the same destination.

I hope this helps.

Great!! Thank you so much for explaining !

But can I apply for my wife even though I live outside USA right now? Or should I be living in the states to do so?

[JohnR! 5,495]

Great!! Thank you so much for explaining !

But can I apply for my wife even though I live outside USA right now? Or should I be living in the states to do so?

You can apply even though you are living outside the US, but as the petitioner you will need to establish residence in the US before she can enter the country. The idea is that you have income and a home here waiting upon her arrival.

[Darnell 8,478]

you can file the I-130 anytime, to anywhere (that you know the address) after marriage.

doesn't matter where you are.

pay attention to Q22 on the I-130, and that's about it for USCIS doc intake.

Edited January 20, 2014 by Darnell

[A F N 0]

Meaning that I cant file unless I have a job already in the states ?

Because I intend to leave my job here and go back to USA with my wife , of course with money saved up in the bank , but I'm not going to have a job immediately

Does that affects our case?

Edited January 20, 2014 by Mr_Mrs54

[JohnR! 5,495]

Meaning that I cant file unless I have a job already in the states ?

Because I intend to leave my job here and go back to USA with my wife , of course with money saved up in the bank , but I'm not going to have a job immediately

Does that affects our case?

You can file even though you are not residing in the US. That is not a problem when you file.

At some point however you will need to relocate for you must be in the US when your wife arrives. Besides, as part of the process you will need to file an Affidavit of Support - I-864 - and become her financial sponsor. Savings may help and depending on your situation you may need to find a co-sponsor as well.

In the end, you will need to get home a few months before her.

[Darnell 8,478]

1. Meaning that I cant file unless I have a job already in the states ?

2.Because I intend to leave my job here and go back to USA with my wife , of course with money saved up in the bank , but I'm not going to have a job immediately

3. Does that affects our case?

1. no, not for filing the I-130

2. study domicile requirements on the I-864. The I-864 is filed later. L A T E R. after I-130 approval.

2. Yes. Study More, however, file now, as your employment status, location and money doesn't matter for I-130 adjudication.

[nightingalejules 678]

You should be able to provide proof of a "good-faith effort" to reestablish domicile within the US. Make sure you have filed taxes in the US (even if you don't owe anything) and have US bank accounts and/or an address where you will live (with family in the US, or an apartment leased in your name, etc). When it comes time to do the Affidavit of Support, unless you have really A LOT of money in the bank, you will need a co-sponsor, which can be any US Citizen who'd be willing to help guarantee that your spouse won't become a drain on the US economy.

But as a previous poster has mentioned, you won't need that for a while. (You might want to start lining somebody up for that, though)

In the meantime, look on VJ and find all the documents for your I-130 petition (the first thing you have to file) and start collecting all that evidence. You can download the forms from the USCIS website, fill them out and print them. Also, find out if you're living in a country that allows DCF (direct consular filing) because that makes the process a great deal faster. (But not every US embassy allows it)

Good luck with your search and your journey to return to the US with your spouse!

[A F N 0]

Thank you so much! You guys really are a great help

This whole thing confuses me and discouraging to me , cause I don't know what to do now .

Is there any other type of visa when me and my wife move to USA without me moving there first ?

And is 200-300 k in the bank is enough ?

Sorry for my million questions but I really need help figuring this out and choosing the best option for my family .

[NikLR 13,227]

You do not have to move first but you will have to prove to the consular officer that you are reestablishing domicile (trying to make a home) in the USA. There are many many threads on this subject you can search out.

[NikLR 13,227]

For assets yes that is more than enough depending on how easily you can move them into US funds. Do the I-130 first. After that is sent away then look at the I-864.

Edited January 21, 2014 by NLR