Can my Mother-In-Law sponsor me? K-3 Spouse Visa

[MyJames 0]

Hi! 

I'm an Australian citizen and my wife is an American citizen, I am 22 and she is 20. I had been travelling to and from the United States for almost 2 years when we decided that my girlfriend (at the time) should come and live with me in Australia for a year on the Working Holiday Visa. Around 3 months ago we decided that we wanted to get married and have me move back to America with her and live with her and her family until we decide to get our own place together. 

I'm currently a student with a casual job but doing a full time rate and my wife is a casual worker both in Australia and the United States. 

We are currently in the process of getting a I-130 petition ready and getting ready to file it, however I know that down the road we need an Affidavit of Financial Support, so here is where my question comes in... because we are both young, it is understandable that we would have a lower amount of income and financial assets, can my mother in law be my sponsor or joint sponsor? And if not what can I do instead. 

Thanks very much for your much needed advice!

[MyJames 0]

1 minute ago, Dee elle said:

If she has income sufficient to support her household number plus 1, then yes.  Your wife will still complete the I864 evenwith insufficient income.  

So my mother in law will file as a 'Joint Sponsor'? Thanks so much for replying so fast!  

[MyJames 0]

So I just read this on the USCIS website... 

"If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."

 

I don't have to worry about until after I arrive in the United States?

[Lemonslice 5,324]

You will most probably get a CR1 and need to provide those documents at the time of your interview.

[geowrian 22,344]

Yes, she can be a sponsor. Almost anybody of age that meets the financial requirements can be.

 

I'll just note that K-3 is obsolete. It will very, very likely turn into a CR-1/IR-1 visa instead. Once the I-129F gets approved and sent to NVC, it will be administratively closed. The I-130 will continue.

[MyJames 0]

5 minutes ago, Dee elle said:

Also, I note you have said K3.  These are very rarely used.  You will use CR1. Consular processing  through Sydney US consulate as you are living outside US at time of filing. Expect 12 months from submitting your I130 to interview. Read about proving US domicile requirements for your wife as petitioner also as that is another requirement which needs to be demonstrated  along with proof of support  

Ahhh I see... 

Will definitely be looking into the CR1 right away, right now I'm actually 2 minutes walk from the consulate in Sydney but it is so hard to just get an easy step by step process, was just told to go on the website.. ugh. 

Thanks very much for your help though!