K-3 Visa : Who should file the petition

[Fatana Ansari 0]

Hi,

I am a Indian National and married to a US citizen(wife). It's been over a year to our marrige and now we are planning to move to USA. I did go through the guides and it was really helpful, however I am a bit confused.

My sponser will be my Sister-in-law(green card holder). So I am not sure weather my wife should file the petition or my sister-in-law. Please suggest what would be the best thing to do here.

Note: Wife is US Citizen. Sister-in-law is Greencard holder.

Thanks & Regards,

Owais

[JohnR! 5,495]

Hi,

I am a Indian National and married to a US citizen(wife). It's been over a year to our marrige and now we are planning to move to USA. I did go through the guides and it was really helpful, however I am a bit confused.

My sponser will be my Sister-in-law(green card holder). So I am not sure weather my wife should file the petition or my sister-in-law. Please suggest what would be the best thing to do here.

Note: Wife is US Citizen. Sister-in-law is Greencard holder.

Thanks & Regards,

Owais

The USC, your wife, in this case, needs to start the process. As of lately the recommendation of the USCIS is that you apply for CR1, so when you get to the US you'll have your green card much sooner. Also the processing times for K3 and CR are virtually the same, so all K3 are being transformed in CR. It is good, by the way.

Your sister can be the sponsor provided she lives in the US and her income matches the minimum required by immigration.

Check out this link for more info and where you can also download the forms you'll need to start and during the process: http://travel.state.gov/visa/immigrants/types/types_1306.html

Good luck!

Edited August 3, 2012 by Gegel

[Fatana Ansari 0]

Thanks a lot. That makes things easier.

My sister in law lives in USA and meets the income criteria to be my sponser. The only thing I was worried that since my wife did not have a job and did not meet the minimum requirement to be my sponser, that would get my petition denied.

Any ways i think i will go with your advice. Thanks a lot

[JohnR! 5,495]

Thanks a lot. That makes things easier.

My sister in law lives in USA and meets the income criteria to be my sponser. The only thing I was worried that since my wife did not have a job and did not meet the minimum requirement to be my sponser, that would get my petition denied.

Any ways i think i will go with your advice. Thanks a lot

Even under those circumstances your wife will have to sign the I-864 and her sister will have to file an additional I-864 as co-sponsor. Your wife will be the primary sponsor at all times.

Edited August 3, 2012 by Gegel