# K3 Visa for spouse who had GC few years back



## rohnert77 (Apr 20, 2009)

I am a US citizen (with OCI) and my husband is an Indian citizen. Four years back we moved to India for good. My husband was a GC holder at that time but his GC was abandoned because we settled in India and did not return.

Now we want all want to return to USA, can I still apply K3 visa/GC for him in the New Delhi consulate? I have about 30K in US bank for financial backup, is that enough?

Do you think there will be any complications? Any suggestions?


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## Fatbrit (May 8, 2008)

rohnert77 said:


> I am a US citizen (with OCI) and my husband is an Indian citizen. Four years back we moved to India for good. My husband was a GC holder at that time but his GC was abandoned because we settled in India and did not return.
> 
> Now we want all want to return to USA, can I still apply K3 visa/GC for him in the New Delhi consulate? I have about 30K in US bank for financial backup, is that enough?
> 
> Do you think there will be any complications? Any suggestions?


You can go for a K3 but there seems little point unless the local processing time is very different for an IR1 immigrant visa. Also , check your local consulate's site to see if you can file the I-130 directly with them -- this usually shaves 3 months or so off the wait. With an IR1, he gets permanent residency from the moment he lands.

Doubt $30k is enough. You need an income at 125% of the poverty guidelines or you can substitute capital at 3x the 125% figure. Have you got a co-sponsor lined up in case you fail to meet the requirements?

E.g. if there are just two of you (no kids) living in the 48 contiguous, the capital requirement would be: 125% x 14,570 x 3 = $55k.


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## rohnert77 (Apr 20, 2009)

Actually we have a kid too. I did not know about IR1 visa, I need to find more info.

Thanks .. Your reply is very helpful


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## Fatbrit (May 8, 2008)

rohnert77 said:


> Actually we have a kid too. I did not know about IR1 visa, I need to find more info.
> 
> Thanks .. Your reply is very helpful


The K3 was a stop-gap visa introduced when the processing of immigrant visas became so long that the natives were rioting. However, since they've quickened the immigrant visa process but slowed the K3 one down in many places, the K3 has become almost irrelevant. But I have no idea about processing times in India.

The great disadvantage with the K3 visa is that you're still mucking around with USCIS when you arrive as you're only half way through the process. With the IR1, you're ready to go from arrival.

Is the child already a USC? Regardless, the capital requirement is now 125% x 18,310 x 3 = $69k


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## rohnert77 (Apr 20, 2009)

Yes the child is also a USC. We have about 50K in our US retirement accounts which will bump up the amount to 80K (30K bank + 50K retirement accounts). So, we might be ok.

Thanks a lot for the info.


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