# US Spouse Visa - Quick Questions!



## s34n (Jun 25, 2012)

Hi There

I just have a couple of questions about US Spouse VISA's...

Here is my current situation...
I am a UK citizen
My wife is a US citizen
We married in the US 3 months ago

1. Is it true that a K-3 is filled out purely to be with my wife in the US (I'm guessing I need to submit an I-130 at the same time?) while the I-130 is being processed? - So effectively, it enables me to wait out the Visa processing time in the US... 

2. With regards to finances, do they include my financial situation, or just my wife/sponsors? Is there a minimum income that must be earn't/proven?


I'm looking to be with my wife as soon as possible, we just want the quickest way to start out lives together in the US. Would this be a K-3? or is there another way? 
We have been visiting each other a lot on a tourist visa lately, and the return trips are adding up!


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## twostep (Apr 3, 2008)

K3 has been absolete for a while. CR1 will be your route as you are already married.
Affidavit of Support is the document and its [email protected] you should read up on.

USCIS - I-134, Affidavit of Support


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## Davis1 (Feb 20, 2009)

spousal visa CR1
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## s34n (Jun 25, 2012)

thanks for the response!

I've heard the processing time for a CR1 is 6months to a year, is that accurate!? I could only find out statistics from 2006-2007, so im not sure if this has changed.

Do I fill out an I-134 immediately, or do I have to wait until the I-130 has reached a certain stage? Do you know rough processing times on this?
It looks like the I-134 relies a lot of Sponser income, is there anyway to include my income within this application? or do they just ignore it?

Thank you for your help, its much appreciated!


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## Guest (Aug 1, 2012)

s34n said:


> thanks for the response!
> 
> I've heard the processing time for a CR1 is 6months to a year, is that accurate!? I could only find out statistics from 2006-2007, so im not sure if this has changed.
> 
> ...


Yes. It took me 1 year waiting fornmy CR1 to be processed. It was two years ago...


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## Davis1 (Feb 20, 2009)

s34n said:


> thanks for the response!
> 
> I've heard the processing time for a CR1 is 6months to a year, is that accurate!? I could only find out statistics from 2006-2007, so im not sure if this has changed.
> 
> ...


the 134 is not used .... its the I-864 ..
USCIS - I-864, Affidavit of Support Under Section 213A of the Act


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## mike7883uk (May 30, 2012)

It looks like I will soon undertake the US spouse visa journey - returning to length of time, if its your normal, everyday application, am I looking at around 1 year for the visa to be processed?

Thanks.


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## Davis1 (Feb 20, 2009)

yes


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## s34n (Jun 25, 2012)

Davis1 said:


> yes


Hi,

thanks for the responses... I've done a bit more research (hence late reply) and I jut have a couple more questions...

1. Why is it I-864 rather than a I-134 in my situation? it says I-134 must be filled for all applicants. The two forms seem quite confusing between their application.

2. Am I able to be in the US on a visitor visa during the application process? My wife is pregnant, and I need to support her as much as I can

3. Do I file the I-864 when I fill out the I-130? some people say the NVC ASK for the I-864, some people say you can send both at the same time... Im assuming im allowed to reside in the US once the I-864 is approved, how long does this typically take?

Sorry for the questions and thank you


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## Bevdeforges (Nov 16, 2007)

Read the instructions to both forms. First of all, YOU don't fill out either of the forms. Your wife (as the sponsor) is the person who has to fill out the affidavit of support form to sponsor your visa application.

Secondly, according to the instructions (take your pick, either form), in the case of an immediate relative petitioning to sponsor their family member (and a spouse is considered an immediate relative), they MUST use form I-864 unless you have 40 quarters (10 years) of US social security contributions to your credit.

http://www.uscis.gov/files/form/i-864instr.pdf

Similarly, the I-130 is filed by the US citizen sponsor, to establish their ability to sponsor a relative and to establish the familial link (i.e. prove the validity of the marriage).

Once the petition to sponsor has been approved, you then will be invited to submit your visa application at the US consulate in your current country of residence, unless you are already (legally) in the US and going for an adjustment of status. I don't believe you can adjust your status if you're in the US on a visa waiver.
Cheers,
Bev


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## s34n (Jun 25, 2012)

Bevdeforges said:


> Read the instructions to both forms. First of all, YOU don't fill out either of the forms. Your wife (as the sponsor) is the person who has to fill out the affidavit of support form to sponsor your visa application.
> 
> Secondly, according to the instructions (take your pick, either form), in the case of an immediate relative petitioning to sponsor their family member (and a spouse is considered an immediate relative), they MUST use form I-864 unless you have 40 quarters (10 years) of US social security contributions to your credit.
> 
> ...


Hi Bev,

Thanks for taking the time to reply, it's really helpful! I will get back to you on the other things once I look into them. I did want to ask though, are you expected to stay at your country for 6 months until you're invited to submit your application?

I have heard that you are able to change your status on a VWP though, especially in the case where you head out to the US with pure tourist intent, then something drastically changes I.e. marriage, pregnancy with spouse etc... as long as there is sufficient evidence to support the marriage/change of status etc.

Does anybody else have any info/experience with this?

Thanks

Sean


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## twostep (Apr 3, 2008)

s34n said:


> Hi Bev,
> 
> Thanks for taking the time to reply, it's really helpful! I will get back to you on the other things once I look into them. I did want to ask though, are you expected to stay at your country for 6 months until you're invited to submit your application?
> 
> ...


Well, did you really visit with no intentions of matrimony? Are you still within your VWP limit?


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## s34n (Jun 25, 2012)

twostep said:


> Well, did you really visit with no intentions of matrimony? Are you still within your VWP limit?


Hi, thanks for the response..

I actually visited with intention to stay for 2 weeks, however, I have learned that my wife is pregnant and we are really looking for the fastest possible way for us to be together without visiting back and forth.

I have been in the US 16 days now, so that leaves 74 days on the VWP.

Regards,

Sean


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## twostep (Apr 3, 2008)

Adjustment of status based upon spontaneous marriage is an option.
USCIS - Adjustment of Status


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## s34n (Jun 25, 2012)

twostep said:


> Adjustment of status based upon spontaneous marriage is an option.
> USCIS - Adjustment of Status


Thanks for your reply! Rather than letting this thread deviate, ill start a new one soon if I have any questions about this option!

Thanks for the information, I'll read into it as a possible option... Great help!

Regards,

Sean


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## Davis1 (Feb 20, 2009)

the 134 is uses for things like a fiancee visa ..its not a legally binding contract
when it comes to AOS everybody does a 864 its a fully binding legal contract 
never co-sponsor if you dont know what could happen


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## twostep (Apr 3, 2008)

TyldesleyGirl said:


> My son came to visit us in the US 4 years ago and met a girl. He went back to England and returned the following year to marry her. Our immigration attorney submitted the paperwork and he never went back to the UK. Her fees were around $2,000. My son was given a social security number and has worked here almost from day one. 4 weeks ago he became a U.S. citizen.


Congratulations to his citizenship!

What visa option did he actually use? Thank you.


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