So is going for K-3 pointless?

[andlolosays 11]

Hi all,

Just started here - been reading a lot Sorry if I shouldn't have started this new thread...feel free to move it if needed.

First, my story: My name is Lauren. I'm from Indiana and moved to Thailand last year to volunteer with an anti-human trafficking org. While there, I met my now Australian husband. We are currently living in Australia and were legally married here in June, though we had been living together since January. We requested direct consular filing for the green card process as there is no USCIS office here, but were denied. My visa for Australia runs out in April 2015.

From the reading, it seems like people are saying going K3 route is pointless? Am I correct in the assumption that after I file my I-130, it wouldn't hurt to try for K3 visa anyway seeing as it doesn't have a fee? Obviously, as all of you are experiencing or have experienced, we don't want to be apart, but as I only have 8 months left on my visa for Australia, it sounds like we may be apart for a bit with either K3 or CR1?

Thanks for any help anyone can provide Really appreciated.

[Hypnos 6,577]

You can try for a K-3, it's just highly unlikely you will actually receive it.

[jkelly07 120]

you can still use k-3 but many years back it was changed to cr-1 that is now used you only need the 1-130, before with the k-3 you need to file 1-130 then the 1-129f the 1-129f would be no charge. you can try

[Ian H. 207]

It's much more likely that your I-130 will be approved before the K3 petition makes it to the NVC. At which point the K3 path will close. If they both make it to the NVC at the same time, the K3 path will close as well. The K3 was more convenient when the adjudication took less time than the I-130. You can definitely submit it if you want to, but the chances of getting it are really low. Here is a link:

http://travel.state.gov/content/visas/english/immigrate/types/family/spouse-citizen.html

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Since you are already married you can't do the K1, so you will have to stick with the CR1 or K3 process. Your husband is an Australian citizen, therefore he should be able to travel to visit you under the VWP while your petition is pending.

[NikLR 13,228]

They have less than a 1% chance of continuing as a K3 after the USCIS. It's also double the cost of a CR1 and your husband would not be able to work for around 90 days after filing the adjustment of status. Hopefully by the time your I-130 is approved, which may be quick or slow depending on the service center, the NVC will be going faster. Have you and your husband looked at the I-864 and sponsorship requirements yet? Also what ties do you have to the USA still for the domicile re-establishment?

[Hypnos 6,577]

K-3s were not "changed into CR-1s".

[andlolosays 11]

They have less than a 1% chance of continuing as a K3 after the USCIS. It's also double the cost of a CR1 and your husband would not be able to work for around 90 days after filing the adjustment of status. Hopefully by the time your I-130 is approved, which may be quick or slow depending on the service center, the NVC will be going faster. Have you and your husband looked at the I-864 and sponsorship requirements yet? Also what ties do you have to the USA still for the domicile re-establishment?

As far as the I-864, obviously since I was a volunteer last year and will be living here in Aus for a year now, I can't show great proof of finances with tax returns. I am earning money here, as is my husband. But because I don't have tax returns, my dad could be the sponsor. But hopefully those forms will be required still within this financial year, in which case, the past 3 years, 2 of the years do have tax returns, and I worked for 4 months of 2013 before moving to Thailand. So it wouldn't show a huge US tax return gap, if it's 2011-2013 that they ask for.

Ties to USA: my whole family and my friends live here. I never intended to live out of the USA for more than the year in Thailand, and also don't plan on being here longer than my visa, so all of my ties are still in the USA. We only came here to spend time with his family before moving to USA long term.

Does this answer your questions?

Edited August 11, 2014 by andlolosays

[NikLR 13,228]

Not really. Even if you don't live in the US you still must file tax returns if you make over the threshold to file. You use form 2555 to exclude your foreign income so you don't pay double tax.

Do you still have a US bank accounts? A job to go to? A driver'driver's license? Voter registration? I do not mean ties as in family but ties as in that is where you call home and all that goes with that, aka domicile. If your case goes quickly you will need to prove you're reestablishing your domicile in the USA. And it's great that your Dad will be a joint sponsor.

[andlolosays 11]

Not really. Even if you don't live in the US you still must file tax returns if you make over the threshold to file. You use form 2555 to exclude your foreign income so you don't pay double tax.

Do you still have a US bank accounts? A job to go to? A driver'driver's license? Voter registration? I do not mean ties as in family but ties as in that is where you call home and all that goes with that, aka domicile. If your case goes quickly you will need to prove you're reestablishing your domicile in the USA. And it's great that your Dad will be a joint sponsor.

Sorry, I wasn't clear. I understand I have to fill out for my taxes, as well as another sponsor since mine will likely not be sufficient. Thanks for bringing up the form 2555

I also wasn't clear on this obviously I still have everything set up in America, other than a home, as I was renting before moving. Though we would be able to ask friends to find one for us before I or we move back. I still have bank accounts, valid drivers license till 2016, a car, college loan payments, voter registration, etc set up in America since I didn't intend to be gone longer than 1 year when I left. I also have an open offer to return to my old job in America, as well as many friends who own businesses who would be willing to hire me, especially to help out for when I first get back.

Does that help some more?

Thanks for your responses and help thinking through all this

[NikLR 13,228]

Yeah! Sounds like you're more than ready to start the process.

Go the CR1 route IMHO. It saves you money and your hubs can start looking for work when he gets to the USA vs waiting for the adjustment of status. Most men I know would be bored to death with 3 months without a job. LOL

[Ian H. 207]

Looks like you have plenty of proof to be able to meet the domicile requirements. Also since you're using your dad as a joint sponsor as long as he makes enough, you will be fine. Good luck!

[andlolosays 11]

Yeah! Sounds like you're more than ready to start the process.

Go the CR1 route IMHO. It saves you money and your hubs can start looking for work when he gets to the USA vs waiting for the adjustment of status. Most men I know would be bored to death with 3 months without a job. LOL

So just don't even bother with K3 you reckon? Or might as well give it a shot...?

[NikLR 13,228]

Do you live in BC?

[Ed and Gina 45]

The K3 is probably not an option now since the USCIS is claiming that they are meeting the 5 month threshold to process petitions. But, it won't hurt to file for it - as you indicated, there's no charge...until your husband gets her and then you Adjust Status...$1070.00. You would file for a work permit at the same time - no additional charge for that. From what I hear - that will take 2 - 3 months. The AOS - a few months, generally, from what I've read. Some can take longer.

We got a K3 - very unusual, as others have mentioned. I don't know how many people tried to file for K3 in the Philippines - but, this year, it appears that only two or three of us were successful in getting it. Lucky? We started this process in January. She's been approved 7/25...now we're just waiting for her Visa to be Issued.

As for domicile - seems as though you might have that under control, for now.

Either way...it's a long process. Maybe you can get an extension on your visa??

Good Luck!!

[andlolosays 11]

Do you live in BC?

Live in Queensland Australia

The K3 is probably not an option now since the USCIS is claiming that they are meeting the 5 month threshold to process petitions. But, it won't hurt to file for it - as you indicated, there's no charge...until your husband gets her and then you Adjust Status...$1070.00. You would file for a work permit at the same time - no additional charge for that. From what I hear - that will take 2 - 3 months. The AOS - a few months, generally, from what I've read. Some can take longer.

We got a K3 - very unusual, as others have mentioned. I don't know how many people tried to file for K3 in the Philippines - but, this year, it appears that only two or three of us were successful in getting it. Lucky? We started this process in January. She's been approved 7/25...now we're just waiting for her Visa to be Issued.

As for domicile - seems as though you might have that under control, for now.

Either way...it's a long process. Maybe you can get an extension on your visa??

Good Luck!!

My visa is a one time thing, but I could hop over to New Zealand and come back on a tourist visa if needed. Or, if it seems to have gone quickly, could just move back to the States for a couple months before him. Awesome that you got the K3!