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rotalihinna

We are both living in Turkey, can I get a fiancee visa?

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Filed: Timeline

Hi VJ,

I'm Turkish and I live in Istanbul. My American fiancée has been living in Istanbul for 5 years, first as an English teacher, now as a masters student.

We've met around May 2010 and have been living together in Istanbul since August 2010. We want to get a K1 visa instead of a spouse visa since we've heard it's faster than a spouse visa and can be done at the local embassy (Ankara in our case) instead of having to be filed to the US, as per the latest changes.

When we look at the documents it's obvious that I need a sponsor, but my fiancée has not been in the US for the last 5 years (not counting short term visits) so it's impossible for her to show any US income or tax returns. She has been making money here but I doubt any proof of that would be relevant since she obviously won't have the same job when we move to the States. So do we need to find a co-sponsor?

Also when looking at the cases posted here I saw that in every case the US citizen was living in the US, and the fiancé(e) was abroad. That is not the case with us - so can we still get a fiancé visa? Or do we have to marry here and apply for a spouse visa?

About my financial situation: I graduated as a chemical engineer in 2010, and I started my own Internet company in Turkey (which I do not need to quit when I move to the US since everything is Internet based - I'll continue the business in the US) in September 2011, and my net income has been around $10,000 per month since then. I actually had the business from way before but it wasn't that big, and it wasn't registered officially so I'm not sure if I can claim I have had my own company for that long.

Finally, I don't know if this matters at all but I also have a standard 10-year tourist visa to the US which I got this year. We had a vacation in the US with my fiancée. We also had quite a few trips to other places so a bona fide relationship should be relatively easy to prove.

Thanks for any input any of you can provide here - I really didn't know the K1 visa was actually for couples living in separate countries!

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Filed: Citizen (apr) Country: India
Timeline

K1 is a fiancée visa, thats mean, your partner is calling you to come to USA and get married there within 90 days. Since you both are living together, then why dont you get married in your country? If you give the reason to CO, you want to get in US asap, that is why you applied for K1. I guess, it can put some extra questions in CO mind.

Based on your situation, I strongly suggest you to go with CR-1 Mode, honestly it is also faster compare of K1 process, but it can be more safe.

My darling and I are living together in India, got married here, and prefer to choose this CR-1 mode.

Edited by iwaiting

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Filed: Citizen (apr) Country: France
Timeline

From what I understand, your fiancee will have to prove that she is moving back to the US, if she hasn't yet by the time your visa interview comes.

I'm in the same kind of situation here with my husband, the USC, living in France with me and going back to the US in January.

We chose to get married and take the CR1 path, because at the end of it, you eventually enter the US being a legal resident and soon receive a green card, you don't have further steps awaiting you, unlike the K1. Plus nowadays the processing times are not so different, especially with the DCF option.

However the K1 visa is a possibility, as long as your fiancée has plans to move back like I said.

As a US citizen your fiancée was supposed to file with IRS for her income received abroad, I'm not too sure what she's supposed to do about it but other members will certainly have the answer.

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Filed: AOS (apr) Country: Philippines
Timeline

Hi VJ,

We've met around May 2010 and have been living together in Istanbul since August 2010. We want to get a K1 visa instead of a spouse visa since we've heard it's faster than a spouse visa and can be done at the local embassy (Ankara in our case) instead of having to be filed to the US, as per the latest changes.

Wrong, all fiance(e) visa petitions start in the USA and finish at the consulate. Same as spousal visas now for consulates without a USCIS field office.

YMMV

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Filed: Timeline

From what I understand, your fiancee will have to prove that she is moving back to the US, if she hasn't yet by the time your visa interview comes.

I'm in the same kind of situation here with my husband, the USC, living in France with me and going back to the US in January.

We chose to get married and take the CR1 path, because at the end of it, you eventually enter the US being a legal resident and soon receive a green card, you don't have further steps awaiting you, unlike the K1. Plus nowadays the processing times are not so different, especially with the DCF option.

However the K1 visa is a possibility, as long as your fiancée has plans to move back like I said.

As a US citizen your fiancée was supposed to file with IRS for her income received abroad, I'm not too sure what she's supposed to do about it but other members will certainly have the answer.

Hmm - how does an US citizen prove they're going to go back to the US? She's getting a MA here now, and her school here is going to be over in June. Maybe that will be enough? She's also considering getting a second MA in the US - in that case that would definitely constitute a proof but her application for the MA in US will be much later than our visa application time. We want to move to the US next summer.

I wasn't aware that she was supposed to file with IRS when she was abroad. So she can get in trouble for not having filed anything?

Wrong, all fiance(e) visa petitions start in the USA and finish at the consulate. Same as spousal visas now for consulates without a USCIS field office.

I think you're right, I'm sorry about that - the Turkish Embassy in Ankara says "send the necessary documents to Ankara via UPS" so I guess that's why I thought they would be processed there.

In any case then, we will definitely need a co-sponsor it seems?

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