US citizen living abroad - can apply for K1?

[JennG17 0]

Hi there,

I'm new to the forum and am doing initial research on various types of visas, this looks like a great resource and am hoping some of you might be able to help

My fiance is British and I am American, but we are both living and working in the UK currently. We would like to get married and move back to the US permanently. Is it possible for me to sponsor him and apply for the I-129 if I'm not currently living in the US? The idea is that we would move back to the US together (or staggered perhaps over a couple months) and then get married within 90 days of his arrival.

Also, it is possible for my fiance to work upon arrival in New York before we get married? I see that usually you apply for EAD right after marriage in parallel to applying for AOS, but he would like to be eligible to look for jobs/work upon entry into the US.

If not, how long does it generally take to get EAD after marriage? We can't really afford to have only one of us working for months on end so hoping there's a way around it!

Thanks anyone and everyone who might be able to help!

Jennifer

[Allie and Nigel 2]

Hiya,

Look up uhh...DCF..direct consulate filing I believe what its called, you have to meet some requirement of living in the UK for a bit or something of the sort..but yes, you can file while you are in England with your fiance.

[JennG17 0]

Hiya,

Look up uhh...DCF..direct consulate filing I believe what its called, you have to meet some requirement of living in the UK for a bit or something of the sort..but yes, you can file while you are in England with your fiance.

Thank for the reply. We did look into that actually, but we would have to get married first and then apply and we'd really like to get married in the US. Just feel like it would be a bit hectic, to plan a wedding in the US, move back to the UK, then apply to DCF, then move back permanently to the US, ya know? We'd like to pursue fiance visa we think...

[Old Dominion 26]

You can petition with the I-129f if you are temporarily overseas. It will be 90 days after you marry that he will have his EAD (work permit). Until then, he cannot be employed in the U.S. To sponsor him for his fiance visa, you will need to show sufficient steady income/assets to meet the 125% of poverty level requirement.

Edited October 24, 2009 by Old Dominion

[Gary and Alla 3,694]

Hi there,

I'm new to the forum and am doing initial research on various types of visas, this looks like a great resource and am hoping some of you might be able to help

My fiance is British and I am American, but we are both living and working in the UK currently. We would like to get married and move back to the US permanently. Is it possible for me to sponsor him and apply for the I-129 if I'm not currently living in the US? The idea is that we would move back to the US together (or staggered perhaps over a couple months) and then get married within 90 days of his arrival.

Also, it is possible for my fiance to work upon arrival in New York before we get married? I see that usually you apply for EAD right after marriage in parallel to applying for AOS, but he would like to be eligible to look for jobs/work upon entry into the US.

If not, how long does it generally take to get EAD after marriage? We can't really afford to have only one of us working for months on end so hoping there's a way around it!

Thanks anyone and everyone who might be able to help!

Jennifer

Check out the DCF in the guides here

[*Snowdrop* 604]

As you have correctly identified you would need to be married to do DCF. But you could perhaps do a quick and simple marriage ceremony in the UK for just the two of you and then DCF and have the big family wedding party with a non-official ceremony when you have moved back home.

Then your fiance would get a CR1 visa and be able to work immediately on entry.