K1 or K3

[paradise4ever22]

Hello can you please help, my fiance is coming to stay with me for a month, then we were going back to the states to meet her family,
but my vistor visa has been denied with not enough evidence that I will return to my country, as I am not working at the moment.
We want to get married, but after looking at all the information will it be better to get married in my country and then apply for a K3 or
apply to go to the States on a K1, I will need a second sponsor as my fiance is only working part time, and her mother wants to be a sponsor,
does this make a difference for what visa we should be doing? I am worried that the K1 sponsor has to be a relative and if so she could not be my sponsor until after we are married and then she becomes a relative?
we want to get married either way but just wondering what the best way to do it is. and which way would be quicker for us to go to the states?
thanks in advance for any thoughts

[rayb]

There is no K3 visa anymore (at least USCIS is not supporting K3 visas). If you marry, you apply for a CR-1 visa.

But if you marry, you cannot apply for a K1 (fiancee) visa, as that would be fraudulent use of the fiancee vissa.

-Ray B

Hello can you please help, my fiance is coming to stay with me for a month, then we were going back to the states to meet her family,
but my vistor visa has been denied with not enough evidence that I will return to my country, as I am not working at the moment.
We want to get married, but after looking at all the information will it be better to get married in my country and then apply for a K3 or
apply to go to the States on a K1, I will need a second sponsor as my fiance is only working part time, and her mother wants to be a sponsor,
does this make a difference for what visa we should be doing? I am worried that the K1 sponsor has to be a relative and if so she could not be my sponsor until after we are married and then she becomes a relative?
we want to get married either way but just wondering what the best way to do it is. and which way would be quicker for us to go to the states?
thanks in advance for any thoughts

[paradise4ever22]

There is no K3 visa anymore (at least USCIS is not supporting K3 visas). If you marry, you apply for a CR-1 visa.

But if you marry, you cannot apply for a K1 (fiancee) visa, as that would be fraudulent use of the fiancee vissa.

-Ray B

Thankyou for your reply,

can I have sponsor or sponsors on either visas K1 or CR-1

thanks

[rayb]

Embassy acceptance of non-petitioner sponsors for a K1 visa is discretionary, reviewed on an individual basis.

But National Visa Center acceptance of co-sponsors for CR-1 (Immigrant) visas is routinely allowed.

The K1 visa uses I-134, Affidavit of Support, as the primary sponsorhip document (for nonimmigrant visas).

The CR-1 (and other immigrant visas) uses the I-864, Affidavit of support, as the primary sponsorship document, and its instructions allow for co-sponsors (who meet the U.S. residency or citizenship requirements).

--Ray B

Thankyou for your reply,

can I have sponsor or sponsors on either visas K1 or CR-1

thanks

[paradise4ever22]

Embassy acceptance of non-petitioner sponsors for a K1 visa is discretionary, reviewed on an individual basis.

But National Visa Center acceptance of co-sponsors for CR-1 (Immigrant) visas is routinely allowed.

The K1 visa uses I-134, Affidavit of Support, as the primary sponsorhip document (for nonimmigrant visas).

The CR-1 (and other immigrant visas) uses the I-864, Affidavit of support, as the primary sponsorship document, and its instructions allow for co-sponsors (who meet the U.S. residency or citizenship requirements).

--Ray B

Thankyou very much for your help, when you say that sponsors for the k1 visa is discretionary,
does that mean that sometimes you can still have more than one sponsor at there discretion
or is it just one sponsor at their discretion?

Thanks heaps

[rayb]

For a K1 visa, the petitioner is the primary sponsor. But a secondary sponsor, i.e., co-sponsor, may be allowed if the reviewer considers it justified. The protocol seems to vary by consulate post, but the Manila Embassy historically favored I-134 for K1 visa co-sponsors if the petitioner was a student or medically dependent on parents.

Other U.S. Consulate posts are reported to be more relaxed about K1 co-sponsors.

--Ray B

Thankyou very much for your help, when you say that sponsors for the k1 visa is discretionary,
does that mean that sometimes you can still have more than one sponsor at there discretion
or is it just one sponsor at their discretion?

Thanks heaps