Naive question perhaps

[pak 0]

I read many of your stories and looked at your timelines and it seems that many of you are spending a lot of time separated (not that you want to, of course). So I was wondering if it is possible to get through the whole process without getting separated. For example, in my case I live with my fiance in her home country right now - is it possible for me to file K1 visa from there? Or there's some weird requirement that I have to file from US or something of that sort?

I am new here so forgive me if that's a naive question, but I really don't know

[sarah and hicham 3]

Hey if you can not work or go to school for the entire process then you're pretty lucky! Most people have reasons that they just can't leave for 4 months or more... it's too difficult. If you can do it go for it. You can file from wherever you go. On the application it tells you where to send the petition- they have a seperate address to send to if you're sending it from out of the country.

One thing I would be concerned about is when you have to file an affidavit of support- you might need a co sponsor if you don't wory for 4 months or more- they will want to see current employment and stability so you could just get a co sponsor.

That's what I think

Sarah

[Beachcomber556 0]

Short answer is yes, you can apply from abroad. I am in Baghdad, my fiancee is in Odessa, Ukraine. I filed the 129F May 1. The kicker is that when she actually applies for the K1 visa, we have to have an intended address back in the States. As American Expats, we likely do not have a home back in the USA, so we have to think outside the box on this one. I am still working on this point.

[pak 0]

Hey if you can not work or go to school for the entire process then you're pretty lucky! Most people have reasons that they just can't leave for 4 months or more... it's too difficult. If you can do it go for it. You can file from wherever you go. On the application it tells you where to send the petition- they have a seperate address to send to if you're sending it from out of the country.

One thing I would be concerned about is when you have to file an affidavit of support- you might need a co sponsor if you don't wory for 4 months or more- they will want to see current employment and stability so you could just get a co sponsor.

That's what I think

Sarah

Well, I've been out of US for over a year now, but for most of that time I've been employed remotely by US company. Unfortunately right now when we are about to file paperworks, job is not available :-/ I know that I'll have little problem getting a job back in US (in IT), but I guess that would be difficult to convince THEM, huh? I am also employed here, but from what I hear income generated outside of US does not count toward affidavit of support...

Short answer is yes, you can apply from abroad. I am in Baghdad, my fiancee is in Odessa, Ukraine. I filed the 129F May 1. The kicker is that when she actually applies for the K1 visa, we have to have an intended address back in the States. As American Expats, we likely do not have a home back in the USA, so we have to think outside the box on this one. I am still working on this point.

Luckily I don't have US address problem. Do you have relatives or good friends back in US - or one can't use someone else's address? 129F is a spouse visa? May I ask why you chose that one over K1 or DCF?

Edited May 24, 2006 by pak

[woodgc 0]

I WOULD SAW Check out the

DCF or Direct Consular Filing

it is most likly the best fastest easiest way to go if you are in the right country

[pak 0]

I WOULD SAW Check out the

DCF or Direct Consular Filing

it is most likly the best fastest easiest way to go if you are in the right country

Well, we want to get married in US. Is it possible to go with DCF ***and*** to get married in US? Legally, of course - we don't want to do anything that would hinder us later.

I guess she could go with me on her tourist visa again and we can get married in US, but I bet THEY would frown upon that...

[woodgc 0]

if she can get into the country on a tourist visa the easist way is to tell her nothing and when she is in the USA propose and get married then do an AOS and she stays in the US intell papers Green card are in hand. She has not done anything illigal since she did not have the intention to marry you when she entered. This will cause the least seperation and make it the easyiest

sorry for the spelling but I just got back from Vn and picked up a bottle of 30 year old scoth at duty free it is so very good I will pour another glass

There is only one thing in life better then a good cigar and fine schoth and that is the most wonderful lady in the world that will be my wife soon so I would say if you are in a simmilar situation skip the scoth and cigar and get her to the usa and then propose

Good Luck

[gag54611 1]

woodgc, you have just violated the terms of service of VJ by advising a member to break the law!! Clearly, since pak refers to "my fiancee", he has already proposed. Therefore, there is already the intent to get married at some point. pak also said that they intend to marry in the USA, so they have discussed it.

pak, do not do what woodgc suggests. If you were to get caught out, then it would very probably be first plane home for your fiancee/wife.

You could get married in the USA and do DCF, but it is complicated. First of all, your new wife has to be prepared to return to her home country after the wedding. She also has to be able to prove that she will return to her home country, or she could be denied entry in the first place. Also, to file DCF, you will have to be in her country with her, and in a lot of cases, the consulate will require that you are a legal resident of that country. You don't say which country your fiancee is in, nor have you filled out a timeline, so I can't tell you whether that requirement applies where you are.

G

Edited May 24, 2006 by gag54611

[pak 0]

You could get married in the USA and do DCF, but it is complicated. First of all, your new wife has to be prepared to return to her home country after the wedding. She also has to be able to prove that she will return to her home country, or she could be denied entry in the first place. Also, to file DCF, you will have to be in her country with her, and in a lot of cases, the consulate will require that you are a legal resident of that country. You don't say which country your fiancee is in, nor have you filled out a timeline, so I can't tell you whether that requirement applies where you are.

G

Thanks, G.

It may not be too complicated for us, please advice. We are currently living in Ukraine, although I am not sure if I am considered to be a resident. My fiancee has 5 year tourist visa (during her tourist visa interview we mentioned that we are involved, but at that point we didn't think of moving to US). So can we do the following:

1. Go to US and get married.

2. Come back to Ukraine and file DCF.

3. Move to US when all the paperwork is done.

My concern is #1. Do we need to warn someone that we'll get married in US so later we won't have problems with #2 (filing DFC)?

[TracyTN 237]

There's a whole section of this site about DCF. Why doncha do some reading and answer your own questions?

[pak 0]

There's a whole section of this site about DCF. Why doncha do some reading and answer your own questions?

I've been reading through it. I have not found anything similar to my case. (See about not being married yet and wanting to marry in US, having tourist visa, etc, etc.)

[zyggy 9]

The visitor interview thing may complicate things... If you had a fiancee relationship at the time of the visa interview and did not disclose as such on the DS-156, your fiancee may have made a material misrepresentation to the Consular Officer. In this case, trying to do anything like adjusting on a B visa could prove to be very fatal to your aspirations of being together on top of what has been said previously...

If there's one thing this is unforgivable to the US Government, it's being lied to... and witholding information that could potentially impact a decision is the equivalent of lying...

While it is fine to be able to enter the US on a tourist visa to get married and then leave the US at the end of your stay, the problem comes in the fact that your fiancee will be marrying a US Citizen. The in itself is a very good intention of immigrant intent in the eyes of a CBP officer. Individuals who demonstrate immigrant intent are not permitted to enter the US. Your chances are better to be granted entry if you have good ties to Ukraine, but absent a resident permit or Ukrainian Citizenship, I don't know how that would be possible. You need to provide proof that she, and more importantly, you have very strong ties to the Ukraine that would require you to return there at the end of your visit.

In your case, absent your case being taken by Kiev for a DCF, or your filing an I-130 and remaining in the Ukraine until it processes, there is little chance that you're going to be able to do the process without some sort of separation.

The best thing you can do right now is call or go to the Embassy in Kiev and ask to speak with the Immigrant Visa unit. Explain your circumstances in detail and ask if they will allow you to file an I-130 with them.

Edited May 24, 2006 by zyggy

[pak 0]

The visitor interview thing may complicate things... If you had a fiancee relationship at the time of the visa interview and did not disclose as such on the DS-156, your fiancee may have made a material misrepresentation to the Consular Officer. In this case, trying to do anything like adjusting on a B visa could prove to be very fatal to your aspirations of being together on top of what has been said previously...

...

The best thing you can do right now is call or go to the Embassy in Kiev and ask to speak with the Immigrant Visa unit. Explain your circumstances in detail and ask if they will allow you to file an I-130 with them.

Talking To Immigrant Visa unit sounds like a good idea, I'll do that.

Just to clarify one point though - when we filed for tourist visa we stated that we are involved and we were asking for one time visa. My fiancee, however, received multi entry 5 yrs visa. We travelled to US once and now we want to get married during next visit... but I guess it does not make any difference for the officer?

[zyggy 9]

The visitor interview thing may complicate things... If you had a fiancee relationship at the time of the visa interview and did not disclose as such on the DS-156, your fiancee may have made a material misrepresentation to the Consular Officer. In this case, trying to do anything like adjusting on a B visa could prove to be very fatal to your aspirations of being together on top of what has been said previously...

...

The best thing you can do right now is call or go to the Embassy in Kiev and ask to speak with the Immigrant Visa unit. Explain your circumstances in detail and ask if they will allow you to file an I-130 with them.

Talking To Immigrant Visa unit sounds like a good idea, I'll do that.

Just to clarify one point though - when we filed for tourist visa we stated that we are involved and we were asking for one time visa. My fiancee, however, received multi entry 5 yrs visa. We travelled to US once and now we want to get married during next visit... but I guess it does not make any difference for the officer?

Getting a multi-entry visa is typical..

Just something to clarify, having or getting a visa does not mean you are permitted entry to the US. A visa is only a ticket to be able to request entry to the US. The CBP officer at the POE is the one who determines if the alien is permitted entry. Whether or not that is granted is dependent upon the factors behind each visit and how the officer interprets those factors.

Going to the US to get married to a US Citizen is a red flag to a CBP officer since it is the intention of most individuals to remain together. The fact that one of the parties is a USC means that there is potention intent to immigrate to the US during the visit. It is up to you to prove to the satuisfaction of the CBP Officer that it is the intention of your fiancee to the Ukraine. If you can prove that you also must return to the Ukraine.. all the better.

[pak 0]

Getting a multi-entry visa is typical..

Just something to clarify, having or getting a visa does not mean you are permitted entry to the US. A visa is only a ticket to be able to request entry to the US. The CBP officer at the POE is the one who determines if the alien is permitted entry. Whether or not that is granted is dependent upon the factors behind each visit and how the officer interprets those factors.

Going to the US to get married to a US Citizen is a red flag to a CBP officer since it is the intention of most individuals to remain together. The fact that one of the parties is a USC means that there is potention intent to immigrate to the US during the visit. It is up to you to prove to the satuisfaction of the CBP Officer that it is the intention of your fiancee to the Ukraine. If you can prove that you also must return to the Ukraine.. all the better.

So we can fly to US, try to convince CBP (Customs and Border Protection) officer that even though we are getting married in US we'll be coming back to Ukraine? If that works, then we can safely file DCF at Kiev office, right?

The convincing part is going to be hard I suspect? Even though we can provide all the docs regarding our jobs (in Ukraine) and assets in Ukraine?

Edited May 24, 2006 by pak