Can K1's be filed overseas? Does this qualify?

[sze2 0]

Yes/No? If no, that's fine.

If yes pertaining to circumstance, well my parents live here now and work here [they file the minimum amt of us taxes now], I came to live with them, and I'm attending school here for international folks. I'll be here for at least 5/6 years until I finish schooling and the noncitizen lives in this area too. Not in this country but in another one closeby, about 1.45 hours away. If not, I can do the K3 but does it have to be in the spouse's country of origin or in the country we reside in?

Thanks a lot!

[Otto 83]

Yes/No? If no, that's fine.

If yes pertaining to circumstance, well my parents live here now and work here [they file the minimum amt of us taxes now], I came to live with them, and I'm attending school here for international folks. I'll be here for at least 5/6 years until I finish schooling and the noncitizen lives in this area too. Not in this country but in another one closeby, about 1.45 hours away. If not, I can do the K3 but does it have to be in the spouse's country of origin or in the country we reside in?

Thanks a lot!

The interview can take place in the country where you/she reside (e.g., She's from Romania but lives in Germany - interview can take place in Germany).

[YuAndDan 153]

K-Visas cannot be filed for at the consulate (DCF), the I-129F involved must be filed to USCIS service center having jurisdiction over your US Domicile address.

Also another catch, it sounds like you may have given up US domicile, in order to sponsor an immigrant to the USA you must have US Domicile, and the person filing the petition MUST be primary sponsor.

Edited October 12, 2008 by YuAndDan

[sze2 0]

Nah we didn't give up US domicile. My parents pay taxes to Virginia still (we lived there till 07, for at least a decade), my brother actually attends UVa now and gets the cheap instate tuition. That's why they still pay taxes, albeit the minimum required. We have a permanent address and all when the rents file taxes every year.

I'm actually still confused. So K1's cannot be filed at all overseas, correct? Regardless of the circumstances?

And if so, well for K3, can it be filed (not just the interview, but the whole process?) in the joint country of where we live or in the country of origination for noncitizen?

Thanks a lot.

Edited October 12, 2008 by sze2

[Laura+Tom 2]

I just found out only military can file a I-129F overseas. That's what we did.

-Laura

Edited October 12, 2008 by Laura+Tom

[Otto 83]

Nah we didn't give up US domicile. My parents pay taxes to Virginia still (we lived there till 07, for at least a decade), my brother actually attends UVa now and gets the cheap instate tuition. That's why they still pay taxes, albeit the minimum required. We have a permanent address and all when the rents file taxes every year.

I'm actually still confused. So K1's cannot be filed at all overseas, correct? Regardless of the circumstances?

And if so, well for K3, can it be filed (not just the interview, but the whole process?) in the joint country of where we live or in the country of origination for noncitizen?

Thanks a lot.

Your cituation is not unique - best advice is to do a little ready first, ask specific questions later.

What Visa Do We Need?? would be a great start.

[MargotDarko 0]

Since you're going to be there for several years, the best thing in your situation is to forget about K visas, make sure you maintain US domicile, get married to your other half there, and then about seven or eight months before you want to move back to the US, file the I-130 petition with the embassy there and get an immigrant visa for your future spouse. That's the DCF (direct consular filing) process.

Re-reading your post - you're actually living in two different countries right? If both countries are EU countries or if both countries share the same consulate, that should be pretty easy to sort out. If they aren't both in the EU or if the consulates are separate, you'll have a few more hoops to jump through. She'll need to be able to interview at the same place you file the petition, so you'll both need to reside in the country where you're filing.

EDIT - Oops! Re-read again and see I misunderstood before. You'll file and she'll do the interview in the country where you're currently living together when you do the DCF process. So no weird hoops to jump through as long as you're both still living there when you file the petition.

Edited October 12, 2008 by MargotDarko

[beejay 125]

Yes/No? If no, that's fine.

If yes pertaining to circumstance, well my parents live here now and work here [they file the minimum amt of us taxes now], I came to live with them, and I'm attending school here for international folks. I'll be here for at least 5/6 years until I finish schooling and the noncitizen lives in this area too. Not in this country but in another one closeby, about 1.45 hours away. If not, I can do the K3 but does it have to be in the spouse's country of origin or in the country we reside in?

Thanks a lot!

I filed a K1 visa while living abroad with my fiance. I did not have domicile in the U.S. I had a lawyer for the first part of the petition and all mailings went there. If you file from abroad you will need a co-sponsor.

[YuAndDan 153]

Nah we didn't give up US domicile. My parents pay taxes to Virginia still (we lived there till 07, for at least a decade), my brother actually attends UVa now and gets the cheap instate tuition. That's why they still pay taxes, albeit the minimum required. We have a permanent address and all when the rents file taxes every year.

I'm actually still confused. So K1's cannot be filed at all overseas, correct? Regardless of the circumstances?

And if so, well for K3, can it be filed (not just the interview, but the whole process?) in the joint country of where we live or in the country of origination for noncitizen?

Thanks a lot.

K-1 can be filed wile you are overseas, only you need to send the package to the USCIS service center in the USA that has jurisdiction over your domicile residence, that will be either VSC or CSC. You just cannot file it directly to the consulate.

Only I-130 can be filed at the US consulate in foreign country for a spousal immigrant visa (CR-1).