I need help

[MitchandNatalie 0]

Hi everyone.

I'm new to the forums.

I know this question has probably been answered a lot, but maybe I'm not searching right, or I want clarification for a specific scenario, so I would greatly appreciate your guys' help.

My fiancee and I recently got engaged, and I sent in the I-129F for the K-1 visa. We were talking and think it would be better if I saved up some money and we could get married there, then come back on a K-3. My two big questions are these:

Do I have to decide now between a K-3 and a CR-1? Or can I start one and then pick whatever's faster? I'm getting confused on the difference between them, and if the I-129F is required in both cases.

If I lived down there, I, of course, couldn't prove an affidavit of support, just my tax returns and such for the year before (since I am not working in the US...living there). Is this possible? I would really like to get married, and then try not to separate after that. Is this possible by having my parents sponsor? If so, when do I put this down, when starting the visa process, or at the time of filing for the aff.?

Thanks again!

[Otto 83]

The K3 will be faster than the CR-1 in most cases. There are however pluses and minuses to each.

Check HERE (if you haven't already) to learn more about some of the differences.

[YuAndDan 153]

One keep in mind you will be abandoning the K-1 and the $455 paid for it. There is no converting a K-1 to a K-3

The decision is easy K-3 or CR-1.

CR-1 is a GREEN-CARD IMMIGRANT visa, it generates a green-card upon entry, for most CR-1 is just as quick to get as K-3, NVC has streamlined CR-1 processing drastically making the K-3 unnecessary. K-3 was developed for a time when CR-1/IR-1 visas were taking years to process. (Compare timelines)

For most countries K-3 is not much quicker to process than CR-1, NVC has streamlined their process a bit on CR-1 so that in most cases K-3 wont save much time. Also K-3 is NOT work authorized CR-1 IS, I see many complaints of K-3's about not being able to work until at least 90 days after entering the USA while they wait for an EAD or AOS to generate a green-card.

Compare VJ timelines for K-3 and CR-1.

If you enter the USA on CR-1 visa, then NO AOS needed. CR-1 has the advantage of GREEN-CARD on entry to the USA, and can imediatly take a JOB, get SSN, and apply for a driver's licenence after getting SSN. K-3 CANNOT take a JOB, get SSN, or apply for driver's license until after getting EAD or Green-card. EAD can take 90 days or more.

CR-1 saves $$$

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

In all cases you need to maintain US Domicile in order to sponsor an immigrant.

[MitchandNatalie 0]

I don't mean the adjustment of status. I meant the affidavit of support(I-864/I-134). Do I actually have to be living in the US working, or can I have someone else do it?

Are there examples of people who have done this?

Thanks for the info on CR-1.

[MitchandNatalie 0]

I guess what I'm seeing is...if I decided to move there for a year, could I say I have residency at my parents' house in the States, and put them as a co-sponsor on the I-864, or do they have to be the original sponsor since I won't be working?

[Penguin_ie 5,996]

I don't mean the adjustment of status. I meant the affidavit of support(I-864/I-134). Do I actually have to be living in the US working, or can I have someone else do it?

Are there examples of people who have done this?

Thanks for the info on CR-1.

If you were to stay in the country of your fiance for 6 months or more legally and marry, you could then do DCF, which is very fast (see my timeline). Most people doing this of course do not have a US income, so they either use co-sponsors- relatives or friends in the USA- or use US based asets (a house, bank account etc).

[MitchandNatalie 0]

Ok. So I could use a co-sponsor with no income of myself while living there? Do I need to have my parents be the actual petitioners or is a co-sponsor enough when filling out the affidavit

[YuAndDan 153]

I don't mean the adjustment of status. I meant the affidavit of support(I-864/I-134). Do I actually have to be living in the US working, or can I have someone else do it?

Are there examples of people who have done this?

Thanks for the info on CR-1.

Immigrant visa REQUIRES the petitioner to be primary sponsor, so MUST provide I-864 for (CR-1/IR-1 or Adjusting from K-Visa) or if K-Visa requires I-134 for most consulate, visa interviews.

You are REQUIRED to have US domicile to sponsor an immigrant, if living overseas, you need to prove that it was temporary, and that you have a residence (DOMICILE) in the USA to return to. You dont need a job in the USA, but you DO need Domicile.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

You can use a resident of the USA as a Joint-sponsor.

[pushbrk 13,073]

I don't mean the adjustment of status. I meant the affidavit of support(I-864/I-134). Do I actually have to be living in the US working, or can I have someone else do it?

Are there examples of people who have done this?

Thanks for the info on CR-1.

Immigrant visa REQUIRES the petitioner to be primary sponsor, so MUST provide I-864 for (CR-1/IR-1 or Adjusting from K-Visa) or if K-Visa requires I-134 for most consulate, visa interviews.

You are REQUIRED to have US domicile to sponsor an immigrant, if living overseas, you need to prove that it was temporary, and that you have a residence (DOMICILE) in the USA to return to. You dont need a job in the USA, but you DO need Domicile.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

You can use a resident of the USA as a Joint-sponsor.

For a spouse visa, the petitioner is always the spouse and the primary sponsor is too. Your parent (singular) would only be a co-sponsor.