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Posted
As an American expat living and working overseas, I have no residence in the US. How do I handle this when filling out the K1 initial petition?

What they say on the USCIS' website is that if you are filing for your fiancee and live outside the United States, you have to submit the petition to the Service Center with jurisdiction over your last place of residence in the U.S.

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

I live/work in Vietnam for a private Vietnamese company (i.e. we don't have a USA office). In my situation I still have a domicile address in the United States (i.e. receive mail, vote absentee, etc). I put down the US domicile address on my I-129F form. I've read on the boards here that it is possible my fiancee might have to show proof of my domicile during the interview. In addition to that, they might raise a brow to my employment situation upon return to the USA with my fiancee (i.e. where will you work if your company doesn't have a USA office?). So far so good on our case though. We just received packet 3.

I haven't seen anything specific regarding domicile necessity regarding the K-1 visa. You might be safe and contact the consulate/embassy that your fiance(e) will interview at to clarify this further. Perhaps they will want some type of employment evidence showing you will be transferred back to a position in the United States.

Definition of domicile according to the Department of State website: "place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the United States before the visa can be issued. This generally means that the sponsor must be living in the United States. In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas."

Best of luck to you both!

STL_HCMC

K1 Timeline

12/27/2005...I-129F Sent (Nebraska Service Center)

07/19/2006...Visa Approved

AOS Timeline

01/23/2007...AOS Sent

03/08/2007...AOS Approved

Removing Conditions

01/12/2009...I-751 Sent

06/10/2009...I-751 Approved

Naturalization

03/27/2010...N-400 Sent

11/21/2011...Approval

12/09/2011...Oath Ceremony

 
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