K Visa My fiance is going to be a grad student. K1 or K3?

[kida]

My fiance and I have been with each other for 3 years. I am Canadian and he is American. I have read that he must prove that he is financially able to support me by earning 125% above the poverty level. However, he will be going back to grad school in the fall. He will not be employed full time. Does this hurt our chances of getting a Fiancee visa?

I'm also wondering if it is better for us to get married outside of the country rather than apply for a fiancee visa and then get married in the states. Our ultimate goal is to be together in the US.

Currently, we are both overseas working in Korea. We will be returning to North America next month. Is it possible for us to apply from overseas, or is it better to wait until my fiance returns to the states?

 

[NYClex]

Yes, him not having a regular income will affect the visa. He must be able to show that he can support his new wife. There are some other ways, like finding a family sponsor etc. which are being explained at the government's website: www.immigration.gov look for the keyword "affidavit of support"

Usually it doesn't make much of a difference if you marry here or there.

He must have a domicile in the U.S. to apply for a visa for an alien wife. There are exceptions for military personnel and the like.