K1 or I130+K3? Which would you recommend in our case?

[baladna 0]

Hi everyone! I just found VJ last night and I'm so glad I did. I've been lurking around the forums since then and the information I've found has been beyond helpful, so I thank everyone in advance! My fiance is from Egypt and we were planning a small wedding to be held next summer (July 2014) in Egypt, but I got to thinking about the visa process to bring him to the US and as with almost anyone in this forum, the sooner the better. I checked out the average processing times for Egypt and from what I understand, it looks like the K1 (fiance) visa takes an average of 338 days to receive, while the I-130 visa is around 383, but the K3 visa seems to only take an average of 306 days to process and receive, but I'm a little confused about applying for it. I realize the I-130 must already be petitioned, but can we apply for the K3 at the same time? I know many of you are going through or have been through this long and tiring process, so I was hoping for some opinions as to which route we should take. I'll provide a bit of our background in case it might help. Sorry for the long-winded post!

My fiance and I are both practicing Christians and have been together for nearly 2 years. We met when I was volunteering in Cairo and he ended up being my pseudo-mentor. There's only about a 3 years difference in our age (he is older) and is a veterinarian and he's currently studying to take the North American licensing exam, so he can work in his profession once arriving in the US. I graduated with a BS in Biology and a concentration in Animal Physiology in May and also have hopes to become a veterinarian someday (I expect to apply in 2014 or 2015). Right now, I'm actually about midway through a 6 month internship in Jordan and have a decent level of Arabic skills under my belt--I started studying the language a year and a half before I met my fiance, so I am quite familiar with Arab/MENA culture (I can also make a mean Koshary!). I have 4 Egyptian visas on my passport and the total physical time we've spent together in Egypt is about 6 months + another 2 weeks in Jordan when he visited me. I've met his family (in fact, I spent six weeks living with his parents. That was...interesting), his friends, and even his priest. My fiance applied for a visitor's visa last year, but was denied (to my knowledge, the interviewer basically asked him if he was married to anybody--Egyptian or not--and when he responded no, the visa was denied...the officer didn't check any of his supporting evidence and the interview lasted all of 3 minutes...I've heard that it's common to happen that way). We've done the whole marriage/future talk (babies, careers, etc.) and he knows I would love to eventually move back to Egypt once my education is finished (and he's OK with that). We're not really worried about potential red flags (though if anything in the above paragraph stands out to you, please tell me ).

The main issue we're facing is financial/support aspect of the visa process. As a recent graduate undergoing an extremely low-paying internship, I'm not exactly rolling in the dough. My fiance's family owns several properties in Egypt and he has a decent amount of money in his savings account, but I don't think any of that matters if I can't support him when he arrives in the US. I haven't asked my parents about them sponsoring him, but I don't think they would respond positively--if they would, we'd go ahead and apply for the K1 ASAP (their reason for saying no would most likely be that I'm an adult and if I'm mature enough to get married, why should they be placed in that kind of burden? fair enough of an answer, I think). However, both of our families are fine with us getting married in either country (although, understandably, either way, some family members won't be able to attend). There is a chance that I could be entering a master's degree program in the fall of 2014, but I have no idea if or how that could affect this entire visa process (other than the lack of income on my end--but that wouldn't start until August or September).

With all of that said, we are left with a few options. Regardless of our decision, because of my internship, I won't be returning to the US until at least January, which means I won't be working for a decent wage until then, and, by extension, will not be earning enough to live above the poverty line until that happens. I would be more than willing to marry in Egypt and work there until the visa is processed, but I think I would still have to be earning above the poverty line (is that right?), which would be really tough to do in Egypt, unfortunately. Assuming that is correct, we won't be applying for the visa until at least February or March of 2014. We can either get married in early January and apply for the I-130 and K3 visas or postpone the wedding and apply for the K1 visa. I'm just not really sure about which would be better in our situation. I'm under the impression that while the K1 visa is generally processed more quickly, the USC needs to provide more financial support than for the I-130, which could mean that we'd have to wait longer to file the K1 than the I-130 (essentially rendering the quicker processing time useless). My fiance and I would really appreciate your opinions in this matter because we're utterly confused!

[Harpa Timsah 13,258]

K-3 is dead. Choice is K-1 or CR-1. A K-1 fiance visa is only for marrying in the US. You cannot marry in Egypt if you pursue a K-1.

You will need a US job or a co-sponsor with a US job for any immigration path. A foreign job doesn't count.

Good luck to you.

[baladna 0]

K-3 is dead.

Thanks for the info, but what do you mean that K-3 is dead? The USCIS has info about it on the website (granted, the page was last updated in 2011): http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD I haven't seen anything that contradicts that...?

[Darnell 8,478]

The main issue we're facing is financial/support aspect of the visa process.

This will change over time.

I assume, for the moment, a base assumption of you being penniless, at the moment.

Now, you're wanting to get married in 2014, so you have some time .

No income stuff is shown with I-130 submittal, so figure another 6 month after filing until approval, so you have some more time.

Then, the I-864 is submitted into NVC as part of the visa application process, so you have some more time - you can actually delay at NVC, 1 to 2 years, if you pay attention to process and understand how to notify NVC of your intentions - so you have some more time.

Do you feel, or sense, that you can overcome your lack of income for today, within 18 months? If so, file the I-130 after you are married, and go on with your life.

[baladna 0]

No income stuff is shown with I-130 submittal, so figure another 6 month after filing until approval, so you have some more time.

Then, the I-864 is submitted into NVC as part of the visa application process, so you have some more time - you can actually delay at NVC, 1 to 2 years, if you pay attention to process and understand how to notify NVC of your intentions - so you have some more time.

Do you feel, or sense, that you can overcome your lack of income for today, within 18 months? If so, file the I-130 after you are married, and go on with your life.

Aha, I assumed I'd have to provide some proof of financial support upon submitting the I-130, which wouldn't be feasible for me to do early next year. This is definitely a game changer. So, what you're saying is that I could be broke and homeless (that's not actually the case) when we apply and the US government wouldn't care until after they approve the I-130 and we have to submit the I-864 with actual proof of financial support? There is, of course, no guarantee I'd find suitable work quickly in the US, but I'm sure I would manage.

And the difference with the K1 visa is that I'd have to provide evidence of that support upfront right when I apply?

Edited September 14, 2013 by baladna

[Darnell 8,478]

K-1 - the income is evaluated on form I-134, which is submitted and evaluated on interview day.

sure, there are basic timeticks on the K-1 - ie ..

I-129F submitted

I-129F approved

I-129F submitted to NVC

I-129F sent to IV Unit at the US Embassy

K-1 visa application forms collected at the IV Unit

K-1 visa chaser is given an interview appointment date

K-1 visa chaser shows up at the interview appointment. (I-134 evaluated on this day)

An affadavit of support, I-134 or I-864 (depending on path you choose) is ultimately evaluated on interview day.

Sure, there's doc intake (for a CR-1 visa) at NVC, for the affadavit of support, with a general pass/fail determination done, but that's part of the process.

In general, regardless of the petition, regardless of the visa type yer chasing after,

income is never evaluated with the petition, the I-130 or the I-129F, at USCIS. That's done at the Embassy, inside the IV unit , much later, almost at the 'end point'.

Edited September 14, 2013 by Darnell

[Harpa Timsah 13,258]

Thanks for the info, but what do you mean that K-3 is dead? The USCIS has info about it on the website (granted, the page was last updated in 2011): http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD I haven't seen anything that contradicts that...?

For a few years now when the NVC gets a I-130 and I-129F they administratively close the I-129F and turn the path into a CR-1. Two agencies fighting a bit. USCIS still has the forms, but NVC/DOS won't take them.

It's okay, because the K-3 is not actually faster than a CR-1 anymore, and a CR-1 is a vastly superior visa.

[PatandHani 0]

Be careful and do much research because when submitting the I-134, when applying for the K-1 visa, you have to submit at least one year's IRS tax return and/or pay stubs to substantiate your stated income.

[stevie b 141]

Thanks for the info, but what do you mean that K-3 is dead? The USCIS has info about it on the website (granted, the page was last updated in 2011): http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD I haven't seen anything that contradicts that...?

k3 is still a viable petition

vj members call it dead due to delays it causes in the petition process

[Angel Eyes Yuseef 5]

The K-3 is still viable through USCIS. But the American Embassy in Egypt does not accept K-3 anymore. Each Embassy processes differently in each country. Your case sounds really solid. Just remember Egypt is considered a high fraud country, and with all the things that are going on is holding Visa's up. And actually USCIS is backlogged here in the states. The average time before June for Egyptian filers was 18 months from start to interview and AP times. Because all cases get some form of AP in Egypt. But now the average 5-8 months with USCIS has increased to almost 12 months. So I am hoping them opening a new center will help USCIS to speed up. On the average USCIS processes 5 million petitions a year. But since the revolutions, the numbers have increased.

[Darnell 8,478]

k3 is still a viable petition

vj members call it dead due to delays it causes in the petition process

No, we call it 'dead' because NVC administratively closes the I-129F when it travels together with the I-130, into NVC.

[EegyptA 41]

don't get stuck on numbers of how long its going to take....every case is different......when i started this process (aug 2012) we thought he would be here with me in 1 year.......and now here we are still waiting for an interview date a year and 1 month later with not much hope we will get an interview date anytime soon with the recent mess going on over there, let alone getting AP.....i would estimate now it is a 2 year process, if it happens sooner then your one of the lucky ones....there is no rhyme or reason to why some cases go fast and some get dragged out till the end of time ( i have had a 13 months of researching every corner of the net for this)