What to do if I’m an American citizen living in Austria with my Austrian wife and we are having problems finding a joint sponsor for the Affidavit of Support form?

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What to do if I’m an American citizen living in Austria with my Austrian wife and we are having problems finding a joint sponsor for the Affidavit of Support form?

I have spoken with the consulate and they say a job offer would also suffice.However,I am having difficulty with this as well.I do not have have any assets in the US. I wasn’t sure if we would be able to apply for the K-3 visa.You can you tell me what other options I may have?

Asked on December 6, 2013 under Immigration Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What is a K-3 Visa?

A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.

Who is Eligible to File?

U.S. citizens legally married to a foreign national may petition for a K-3 visa. Please see the Marriage Visa Comparison to see the difference between a K-3 and IR-1 / CR-1 Visa. A large percentage of applicants choose the IR-1 / CR-1 Visa over the K-3 Visa Option.

Forms Needed to File for a K-3 Visa:

1. I-130
2. G-1145 (optional)
3. I-129F
4. G-325a


The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov.

Assembling the I-130 Package: Checklist
  frequent questions
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.)
:

1.Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
2.Form I-130, Petition for Alien Relative (see example form)
3.Copy of the Birth certificate for the US Citizen (front and back) or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. You may use a copy of your naturalization certificate or certificate of citizenship issued by USCIS.
4.A copy of your marriage certificate (If not in English then again get a translation)
5.If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.
6.A copy of a prior spouse's death certificate. (If one or both were married before, and the prior spouse died)
7.G-325A filled out by the US Citizen signed and dated.
8.One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of ". Attach the bag to a sheet of paper and place behind the corresponding G-325A.
9.G-325A filled out by the foreign spouse signed and dated.
10.One passport-type photo (see specification) of the foreign spouse. Write the full name of the foreign Spouse on the back. Place in a plastic bag and label the bag "Photo of ". Attach the bag to a sheet of paper and place behind the corresponding G-325A.
11.Evidence of a bonafide marriage (see note below for what to include)

 

Note: Evidence of a Bonifide Marriage
The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:
1.Documentation showing joint ownership or property; or
2.A lease showing joint tenancy of a common residence; or
3.Documentation showing co-mingling of financialresources; or
4.Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5.Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6.Any other relevant documentation to establish that thereis an ongoing marital union.


Attach "E-Notification" Form (Optional)

Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.

Mail the I-130 Package to the USCIS

You should mail the completed form(s) to the proper USCIS Lockbox (Note the location & PO Box address for your filing type: stand alone). Mail the package with return receipt requested / delivery confirmation. Send via USPS.

IMPORTANT!
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

Based upon what you have written, you spouse appears eligible for a K-3 visa application.



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