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K1 or K3? which one is best for us?

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  • K1 or K3? which one is best for us?

    Hi i am just after a little bit of advice.

    I am a 27 year old Australian woman who is in love with a man from the USA.
    We met on the internet 4 years ago and i have been over to LA to meet him. we understand how tough it is to be together but we really want to give this a go. I am going back over to LA in 4 months for a month, would it be wise to get married while i am over there and apply for a K3 visa or should i come back to Australia and apply for a K1?

    I am also worried as we both dont have "high paying decent jobs" I work in a hotel and he works in a bar, will they look at that as not being good enough?

    I am really confused as i love him so much and if we get denied i dont know what i would do.

    Thanks for any advice

  • #2
    Originally posted by Ladyluck View Post

    I am going back over to LA in 4 months for a month, would it be wise to get married while i am over there and apply for a K3 visa or should i come back to Australia and apply for a K1?

    I am also worried as we both don't have "high paying decent jobs" I work in a hotel and he works in a bar, will they look at that as not being good enough?

    Thanks for any advice
    In my situation, I married my wife in her home country and applied for I-130 and I-129F concurrently. Both were approved in 2.5 months. She was then interviewed for a K3 (non-immigrant spousal visa) and she is now here in the US with me and we are on the verge of filing for AOS (see my thread here - http://immihelp.com/forum/showthread.php?t=71022)

    As far as $ for the affidavit of support goes, your fiance/husband is the petitioner here. It his income (and if insufficient, he can have a co-sponsor - but it cannot be you) that, singly or jointly with someone, needs to meet 125% of Federal Poverty levels. That is all I know.

    Logically you cannot be a co-sponsor as then the intent of an affidavit of support is rendered moot. The US govt does not want you to become a ward of the state (if abandoned) and the only thing preventing it is your own job/means of support. It is a burden to be shouldered by the US Petitioner.

    HTH

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