K3 Info needed; all help is beneficial

[teeler1 0]

Greetings to every person viewing this forum. I have a rather large question which will require information in parts but I will try to provide the most sufficient data that I can.

Main objective: To have my wife receive a K3 Visa.

Info: My wife and I currently live in Nicaragua which is located in Central America. I am a United States citizen and I am acquiring my residency in Nicaragua. My wife is a citizen of Nicaragua. I am currently living here with her here because of a past visa she had--

I first met my wife at a university in Minnesota of the United States. She received a visa to study here and it was funded by the United States. We have been aware there was a 2 year rule of which she cannot change her status. This status expires on December 22nd of 2014. That is the day she left the country after her semester had finished.

Since then, she visited me and lived with me briefly in the US with her 10 year tourist visa she acquired after exiting the US (around May, 2013 this was obtained.)

As previously stated, I am now in Nicaragua, her country, and we are married and living together. We want to file for the K3 Visa because we are together and obviously we are happier together. I have read that the K3 Visa takes about ~9 months to be filed and given.

One glaring thing I notice is that she is required to have an affidavit of support paper ready if she is granted an interview; however, the living conditions and money requirements are much lower than that of the US. We can live a semi-luxurious life style simply off of $1000 a month combined.

Off topic data: One of my family members is a recruiter which pays $40,000 USD annually for customer phone service for those that speak Spanish. He can guarantee us both jobs once we return to the US because that is his job and Spanish is her native language and is my second and we both have experience in this field.

Questions I would like help with:

1. Are we able to file for this Visa despite her past student visa existing until the aforementioned date?

2. Are we able to file for this Visa while we both reside outside the US? (Yes, as stated, I, the US citizen, also reside outside the US to this date.)

3. Should we be concerned about the Affidavit of Support because we live cheaper in this country? Will the immigration officers understand they do not pay the same salaries here yet we live comfortably and we will adapt in the US?

4. Will the interviewees view take into consideration other data such as the brother in law instead of sole data placed on the sheet? Of course we can provide names and numbers if requested.

5. Am I able to mail all forms internationally?

6. Can this Visa override her old student Visa with the old 2 year rule?

7. If this Visa cannot override her old one, may we enter the US earlier (within the allotted time frame) and change her status after December 22nd, 2014?

Post data: Our plan was to stay here until the K3 took its time of about 9 months - 1 year to file. The earlier we can enter the USA, the better. Any tips to speed this up would be excellent. ALL HELP WILL BE APPRECIATED BUT PLEASE READ ALL DATA BEFORE POSTING.

Thank you in advance,

Tyler.

[canadian_wife 1,822]

1. Yes, see the 'guides' tab at the top of the page and start reading. I suggest you research the Cr-1 visa. K3s are rarely given these days. Plus, in my opinion, the Cr1 is the superior visa allowing for work and travel and permanent resident status upon entrance to the US. http://www.visajourney.com/content/guides

2. Yes

3. Yes you should be concerned, no they do not care about your lifestyle in Nicaragua. They care you can meet the 125% above the US poverty guidelines. If you cannot demonstrate that, then you'll need a cosponsor. http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCwQFjAA&url=http%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2Ffiles%2Fform%2Fi-864instr.pdf&ei=V7SXUpXfIdOFkQf944C4DA&usg=AFQjCNGt5651YD9dkhpTVdoj9plwlsrE2A&sig2=yG8-y-rhxboQJvuTutf5tQ&bvm=bv.57155469,d.eW0

4. I don't understand. What brother in law? What data?

5. Yes

6. No, you will have to get a waiver for the 2 year home residency requirement.

7. http://travel.state.gov/visa/temp/info/info_1296.html

Please don't type in all caps, it is perceived as shouting

good luck

Edited November 28, 2013 by canadian_wife

[Penguin_ie 5,993]

A spousal visa currently takes around a year, though 9 months is not unheard of. Why do you want a K3 though, is there a reason the CR-1 would not suit? It is generally a superior visa.

1. Yes

2. Yes; you will need to prove that you intent to move back to the USA before or at the same time as her.

3. Yes that is a major issue. Your foreign income will not count at all, nor will a job offer from the family member. You have three options: a) you go back first and start the job, show paystubs at interview; b) you sponsor on assets; c) you find a US based co-sponsor.

4. Only if he fills in an official Affadavit of Support. provides tax filings etc, and becomes liable for your wife.

5. Yes

6 Yes; you may need a waiver but those tend to be easy to get.

[canadian_wife 1,822]

http://www.visajourney.com/forums/topic/468013-k3-info-needed;-all-help-is-beneficial/

Please just post once and wait for responses

good luck

[lost_at_sea 995]

Welcome to the forum!

1. I have no knowledge of this, so someone else will chip in.

2. Yes, you can file from abroad.

3. Yes, you must concern yourself with the affidavit of support (I-864). Earnings and standards of living abroad are not relevant - you'll have to show income that meets 125% US poverty guidelines (for a household of 2, that means showing income of just shy of $20k a year). You can also use assets or you can find a joint sponsor (USC/LPR, over 18, US resident and earning enough money). Suggest you google the form and the instructions for it to understand the requirements. It's not optional.

4. Unsure what you're asking - can you clarify?

5. Yep.

6. See 1.

7. See 1.

8. I think so. Although you'll be chasing the spouse visa rather than the K3 - no one seems to get that visa anymore.

http://www.visajourney.com/forums/topic/468013-k3-info-needed;-all-help-is-beneficial/

Please just post once and wait for responses

good luck

*tsk*. Requested a merge.

[florida4life 29]

http://www.visajourney.com/content/compare

You might want to see the comparison I hope it helps you along the way and since you are married K1 is out the question.

[Ontarkie 14,227]

~~Duplicate Thread Merged, do not post multiple threads for the same/similar topics ~~

[teeler1 0]

Thank you for the submitted info. It seems the Cr1 is a better choice; I'm unsure why so many sources pointed me to k3. I'm currently reading the sponsorships.. can family members sponsor you provided they have a large base income?

[lost_at_sea 995]

Thank you for the submitted info. It seems the Cr1 is a better choice; I'm unsure why so many sources pointed me to k3. I'm currently reading the sponsorships.. can family members sponsor you provided they have a large base income?

Yes, although they don't have to be a family member. A joint sponsor must be over 18, residing in the US and a USC or LPR.

As you are both abroad, make sure to read the I-864 instruction pdf, and pay particular notice to the domicile requirement. Your residency in Nicaragua may make you ineligible to file, unless you can show you have maintained a US domicile or can show you are going to reestablish one.

Edited November 28, 2013 by lost_at_sea

[teeler1 0]

Yes, although they don't have to be a family member. A joint sponsor must be over 18, residing in the US and a USC or LPR.

As you are both abroad, make sure to read the I-864 instruction pdf, and pay particular notice to the domicile requirement. Your residency in Nicaragua may make you ineligible to file, unless you can show you have maintained a US domicile or can show you are going to reestablish one.

The general idea is that my mother will gladly sponsor us. I see what you mean about the domicile. I am assuming it is fine to use her domicile if we both intend to go there upon arriving in the US? (This is the plan until we can get up on our feet from this fiasco)

[lost_at_sea 995]

The general idea is that my mother will gladly sponsor us. I see what you mean about the domicile. I am assuming it is fine to use her domicile if we both intend to go there upon arriving in the US? (This is the plan until we can get up on our feet from this fiasco)

The US citizen living abroad will need some evidence to prove that they either have kept up their US domicile or are taking one back up. Like, a lease on a place to live, an accepted job offer, maintained driving licence, voting record etc. in the USA. Your mother could provide a letter to say you'll be living with her, if that's the case, as one example.

Many Canadians do as you are doing, so they've got a long-running, detailed, thread on the domicile aspect when both live outside the USA: http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Edited November 28, 2013 by lost_at_sea

[teeler1 0]

Looking at the 2 year waiver for my spouse, which condition does she actually fall under? I am assuming the No Objection one because it appears we cannot deem it as 'exceptional hardship'. Any info here is appreciated

[lost_at_sea 995]

Looking at the 2 year waiver for my spouse, which condition does she actually fall under? I am assuming the No Objection one because it appears we cannot deem it as 'exceptional hardship'. Any info here is appreciated

Not exactly sure what you're looking at...

[teeler1 0]

Not exactly sure what you're looking at...

http://travel.state.gov/visa/temp/info/info_5503.html#hardship

here is where I have found some info

[lost_at_sea 995]

http://travel.state.gov/visa/temp/info/info_5503.html#hardship

Edit. Ignore me. Confused myself. That's for her 2 year waiver. Duh. I'll let someone else help on that front.

Edited November 29, 2013 by lost_at_sea