AOF for K3 visa

[Robnvera 0]

Hey, everybody! I've just registered on this site, so i'm really new here. I've been reading a lot of topics and a lot of information here - first of all, thanks a lot to everybody - this site is really helpful! But I still have a couple of questions about my case - hope somebody could help me....

I'm married to an american citizen, we got married in 2008, after that i came back to Russia, he visited me plenty of times, met my family...Now we've started my paperwork for the k3 visa, mailed i-130, got NOA, ready to mail i-129 in the nearest couple of days. The part that i'm worried about is that my husband is unemployed right now - actually has been unemployed for over a year already, claimed unemployment benefits.. My question is - is this going to be a big problem for getting K3? Will my husband have to fill out the i-134 form, AOS (being unemployed)before my interview (of course in case everything goes well)? Can a joint-sponsor fill it out instead? I'm really worried about it...I can support myself financially - but is it ok for the embassy interview? What documents would i need to prove that i can support myself? Really hope to hear some comments. Thanks in advance!

[canadian_wife 1,827]

It is not up to you to prove that you can support yourself, your husband has to show that he can support you - although under certain circumstances you may use your savings or future US income on the forms, read the instructions that come with the forms to see if you qualify

If not, your husband will need a co-sponsor

Keep in mind, about 99% of I129F petitions will be closed at NVC. You're probably going to be on the Cr-1 path so you might want to review the I864 required for the cr1 visa

Goo luck

[milimelo 4,550]

Hey, everybody! I've just registered on this site, so i'm really new here. I've been reading a lot of topics and a lot of information here - first of all, thanks a lot to everybody - this site is really helpful! But I still have a couple of questions about my case - hope somebody could help me....

I'm married to an american citizen, we got married in 2008, after that i came back to Russia, he visited me plenty of times, met my family...Now we've started my paperwork for the k3 visa, mailed i-130, got NOA, ready to mail i-129 in the nearest couple of days. The part that i'm worried about is that my husband is unemployed right now - actually has been unemployed for over a year already, claimed unemployment benefits.. My question is - is this going to be a big problem for getting K3? Will my husband have to fill out the i-134 form, AOS (being unemployed)before my interview (of course in case everything goes well)? Can a joint-sponsor fill it out instead? I'm really worried about it...I can support myself financially - but is it ok for the embassy interview? What documents would i need to prove that i can support myself? Really hope to hear some comments. Thanks in advance!

I suggest seeing I-130 through and NOT sending I-129f (I-129f actually slows down your petition as they pull I-130 out of its existing place in line to joing it with I-129f and then it goes to the bottom of the line).

Your husband will still have to do his I-864 as he is your principal sponsor but he is of course able to use the co-sponsor to make up the shortage of funds. The co-sponsor also fills out I-864 (I-864A if they live in the same household) and provides proof of their GC or US passport as well as last three years of tax returns, just like your husband.

[Robnvera 0]

I suggest seeing I-130 through and NOT sending I-129f (I-129f actually slows down your petition as they pull I-130 out of its existing place in line to joing it with I-129f and then it goes to the bottom of the line).

Your husband will still have to do his I-864 as he is your principal sponsor but he is of course able to use the co-sponsor to make up the shortage of funds. The co-sponsor also fills out I-864 (I-864A if they live in the same household) and provides proof of their GC or US passport as well as last three years of tax returns, just like your husband.

Thanks a lot for quick responses!!! we do have a co-sponsor and there should be no problems with him filling out the i-864, he is a US citizen as well. But if we still go for k3 visa and send the i129f in - i can't figure out if it's possible to use a co-sponsor on this stage, i.e. so that both him and my husband could fill out the AOS i-134. They say that if you go for K3 visa - on this stage my husband is not required to send the i-864, but at the embassy they might ask me (or might not) to show them the i-134 form, which is also an AOS. But i've never seen anybody mentioning that a co-sponsor can fill it out....Is it possible? I mean, if a get the k3 visa - we are planning to finish the rest of the paperwork (including i-864) while i'm in the USA, and most likely will have to have a co-sponsor for i-864 - at least that's the way the things look right now...Would really appreciate some help with this i-134, cuz we really wish i could receive the k3 visa...Thank you!

[canadian_wife 1,827]

It probably won't be up to you to decide what visa you pursue, if the I129F is closed at NVC, you are not given an option, you will be on the Cr-1 path

If, by chance, you end up applying for the K3, you use the appropriate forms - they WILL certainly ask for financial documents, there is no 'might not' about it

Goodluck

[Robnvera 0]

It is not up to you to prove that you can support yourself, your husband has to show that he can support you - although under certain circumstances you may use your savings or future US income on the forms, read the instructions that come with the forms to see if you qualify

If not, your husband will need a co-sponsor

Keep in mind, about 99% of I129F petitions will be closed at NVC. You're probably going to be on the Cr-1 path so you might want to review the I864 required for the cr1 visa

Goo luck

thanks for ur response! i didn't quite get it though - 99% of 129f will be closed at NVC...What does that mean? As for I864 - we've review it and we have a co-sponsor who is willing to file for me, so there should not be any problems with that. But still if they'll approve 129 before the i130 - is it possible to have a co-sponsor filing for you the AOS i134? That's the part that i really don't understand...Looks like i gonna need that i134 for the interview at the embassy - so i wonder if it's possible to show them that of my husband and of a co-sponsor, since my husband doesn't qualify for the financial requirement....

[canadian_wife 1,827]

It means that if the I130 and the I129F are approved on the same day by USCIS (which they have been for years) and they arrive at the same time at NVC (which they also have been for years) NVC will stop the I129F forcing you on the Cr-1 visa path. Now, recently a tiny few I129Fs have made it to NVC before the I130 and thus leaving the K3 path open, but like I said...a tiny few.

Good luck

PS - begin preparing the documents for the Cr-1 path, failing to do so could waste time if your I129F is closed at NVC

[Robnvera 0]

It means that if the I130 and the I129F are approved on the same day by USCIS (which they have been for years) and they arrive at the same time at NVC (which they also have been for years) NVC will stop the I129F forcing you on the Cr-1 visa path. Now, recently a tiny few I129Fs have made it to NVC before the I130 and thus leaving the K3 path open, but like I said...a tiny few.

Good luck

PS - begin preparing the documents for the Cr-1 path, failing to do so could waste time if your I129F is closed at NVC

Thanks again! We will definitely start preparing everything for the CR-1. But on the uscis site they say that estimated time for processing of i-130 is like 5 months and u're absolutely right - it looks like the 2 petitions will be approved at the same time. If we go for CR-1, we have to wait for the approval of i-130 (for that NOA2, as i understand) which is not earlier than 5 months - and they will send us also additional instructions on when to file i-864, when to pay the fee for it etc. Right? And eventually they should contact me from the embassy about the interview for CR-1?

[canadian_wife 1,827]

After your NOA2 from USCIS, your petition will move onto NVC, and it is NVC that you will send the documents to. Follow the link below for help on that

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Good luck