CR1/IR-1 Visa or K3 Visa - we are both living out of USA

[Peter79 0]

Hello

I have read a lot of informations about CR1/IR1 and K3 Visas, but I have still some questions.

Here are the facts:

- my wife has USA and Croatian citizenship (has US passport)

- we live together in Croatia (Europe)

- she is working in Croatia, I am working in Slovenia (Slovenian citizenship)

- we are married less than 2 years

- we want to move to the USA where her 14 years old son (from first marriage) lives, and her aunt lives.

Now as I understanding:

1. option:

- I can apply for K3 visa (I-130 and I129F)

- to work in USA I must immediately apply (when I'll be there) for I-485 and then for I-765 ?

or

2. option:

- I can apply for CR1/IR-1 visa ( I-130 and I-864 )

QUESTIONS:

=> Here I have question about filling form I-864 - Affidavit of Support. Because my wife (my sponsor) is not working in the USA but here in Croatia where we are living, what we have to do? Fill this form with incomes from Croatia or what? Or the sponsor should be some one else (like her aunt)?

=> In my case...which is better and faster...apply for K3 (with I-129F form) or IR1 visa (just I-130)?

PS> sorry for a little bit longer post and for my grammar mistakes:)

Edited December 6, 2013 by Peter79

[Penguin_ie 5,993]

- Forget the K3. It is an obsolete visa, usually closed at NVC stage, and if you get it it costs more and means you can't work for 3+ months when you get to the USA.

- Foreign income doesn't count for the I-864; your options are her going to the USA first and getting a job, sponsoring you on assets (savings, property etc), or a US based co-sponsor.

[Cathi 5,748]

K3 visa are rarely, if ever issued anymore. They were used long ago when the cr1 took years to be adjudicated. Now the cr1 timeline is much shorter, therefore making the k3 obsolete. You would do an i130 for a cr1 and make sure your wife is domiciled in the US before the interview at the consulate. If she is not employed in the US by then she can get a joint sponsor who makes above the poverty guidelines for the number of dependants they have, including you. A joint sponsor can be any US citizen or LPR who is domiciled and working in the US.

[Peter79 0]

Thank You.

Aprox how long does it take to CR1 will be issued? For form I-130 I know that is aprox 5 months, if I understand it correctly.

[Penguin_ie 5,993]

The whole thing from initial filing to interview takes about a year, but could take a few months less or more. Then you will have 6 months to use the visa.

[Peter79 0]

Thx.

It seems that we will have to ask her relatives to sponsor me, because we are living and working in Europe together. She is here for almost 11 years now.

Btw, should the US embassy here help us if we have some questions about filling the formulars?

Edited December 6, 2013 by Peter79

[NikLR 13,227]

I suggest asking the questions here vs the US embassy. All the paperwork will be sent to the USA until it is time for your interview. Only then the National Visa Center will send it to the embassy.

[NikLR 13,227]

I suggest starting here: http://www.visajourney.com/content/i130guide1

BTW welcome to the boards! I used to work with a Croatian Master blacksmith and our families were very close when I was a teenager. Such wonderful people.

[Peter79 0]

thx NLR

Maybe I have one more question. Because we live and working in EU we have to send form I-130 by the post. How about paying the fee? Where to pay? I assumed that with i-130 we have to sand the confirmation that we pay the fee....hmmmm

I am apologize if these questions have already been answered somewhere:)

[NikLR 13,227]

The fee needs to come from a US bank account, which normally means a US check or money order. Can you get a US money order where you are? Do you have family in the USA that can pay the fee if you wire them money? Or does she still have a US bank account with money you can get checks from?

[Peter79 0]

Oh ok, we have family in the USA, np.

About I-130, address of petitioner (my wife). This is US address or address where is she/we living now?

About I-864, as user @mimolicious said before, we will need "joint sponsor" because my wife has no income in the USA. I looked the I-864 and now I don't know if my wife has to fill something or just "joint sponsor" (someone from family) fill it?

[NikLR 13,227]

Where she is living now.

As for the I-864, your wife will have to do one and whomever you choose or agrees to be the joint sponsor will also have to do one.

After you file the I-130 with all it's bits and pieces (documents etc..) I suggest taking a look at the NVC filers monthly thread (there is a new one every month) to prepare yourself for the next stage. The first two posts are invaluable with links and a FAQ.

However atm you do not need the I-864 so don't worry about it. Get together the I-130 package and send it off. I do not suggest having a US address anywhere on the I-130 form (where you will live can be "to be determined" for example) , as there used to be an unofficial auto expedite for people who are living together abroad. I do not know if it still exists but it doesn't hurt to try.

Edited December 6, 2013 by NLR

[Peter79 0]

Thx for all the tips:)

[milimelo 4,477]

I'd say get the wife to file taxes as she is required to file taxes on worldwide income. She'll need tax transcripts for I-864.

[Peter79 0]

Ok, but some said that foreign income doesn't count?!?