K1 visa co sponsor when petitioner is living abroad and unemployed

[RL&MC 1]

Has anyone applied for the K1 visa while their partner has been living in the same country? My partner is currently studying abroad and is doing an unpaid internship and is employed as a baby sitter which does not require a tax return here in Australia nor the USA.

 

I understand that we will need a co-sponsor, her mother is also happy to be our co-sponsor and is well above the poverty guidelines. Although I am worried my partner  may be denied as she does not meet the income requirements and has never filed a US tax return. She has x1 Australian tax return done in 2018.

 

She is fully supported by myself and her mother here in Australia, she would be able to provide the payments her mother makes to her from her bank, i understand these are not actual ''payments for income''. She will be working for her mother when we moved there together and are happy to supply a letter of employed at the time of the interview.

 

I am wondering if we can be denied for this information? as i can see in the I-134 there is no option for ''unemployed'' for our circumstances. If any one can direct me into what steps we should be looking at or taking i'd greatly appreciate it!.

 

I understand that the CR-1 visa may be the ''better'' route for us but for our circumstances we want to do the K1 as we can't imagine getting married without her family here due to COVID-19. I would appreciate any helpful info that does not coincide with the CR1 visa as our minds have been made.

 

Thanks!

[Ryan H 3,821]

Moved from Progress Reports to Process & Procedures.

[HRQX 4,145]

56 minutes ago, RL&MC said:

we can't imagine getting married without her family here due to COVID-19.

If you want to get married in the US, you can also do it on an ESTA trip:

Can also start the CR-1 process during your US visit; on I-130 she would select "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

To exit Australia to go to US with ESTA, some have used Compassionate and Compelling category:

As your spouse, she would be able to reenter Australia: https://covid19.homeaffairs.gov.au/immediate-family-australian-citizens-or-permanent-resident