Beginning The Prcocess With A Few Questions

[D29TEXAS 0]

How are you all doing today? Great I hope. I am doing great; continually Blessed in the Lord forever! I am beginning the process for the K-1 Visa and I have a few questions. I keep getting conflicting reports from people, so I was hoping that someone here could help me and my fiancee.

I am currently living in Japan and I will be leaving to move back to the U.S. in a few months. My fiancee will still be living in Japan. My first question is (1) Where do I send the paperwork to? One person told me to an office in Texas (I will be living in Austin, Texas) and someone else told me that it was the office in Virginia. My second question is (2) can my fiancee fly to Germany to visit her parents while we are applying for the K-1 Visa? From what I understand, she cannot leave the U.S. once she enters the country on the K-1 Visa, but I am unsure as to if she can travel to Germany while the paperwork for the K-1 is being processed.

Thank you for any help that you may be able to provide. Take care, keep everyone in your prayers, and may God continually Bless you and your family forever!

[Bobby+Umit 161]

How are you all doing today? Great I hope. I am doing great; continually Blessed in the Lord forever! I am beginning the process for the K-1 Visa and I have a few questions. I keep getting conflicting reports from people, so I was hoping that someone here could help me and my fiancee.

I am currently living in Japan and I will be leaving to move back to the U.S. in a few months. My fiancee will still be living in Japan. My first question is (1) Where do I send the paperwork to? One person told me to an office in Texas (I will be living in Austin, Texas) and someone else told me that it was the office in Virginia. My second question is (2) can my fiancee fly to Germany to visit her parents while we are applying for the K-1 Visa? From what I understand, she cannot leave the U.S. once she enters the country on the K-1 Visa, but I am unsure as to if she can travel to Germany while the paperwork for the K-1 is being processed.

Thank you for any help that you may be able to provide. Take care, keep everyone in your prayers, and may God continually Bless you and your family forever!

Hi!

Welcome to VJ

first step - check the guides - the button is up top there.

that will answer all your questions - and if you need filler - come on back

[truffles 2]

Hi...

The USCIS site is very helpful and has a guide to filling out the I-129F - your question about where to file is answered there:

This link will lead directly to the guide:

http://www.uscis.gov/files/form/I-129Finstr.pdf

I believe Texas comes under Vermont ( this can be located at bottom of page 5)

In regard to your fiancee I think she can travel as she would do normally - in respect of Germany. People often are concerned about visits to the US during the process of K1 ( there are a lot of threads to document people experiences).

Good Luck

[payxibka 10,045]

How are you all doing today? Great I hope. I am doing great; continually Blessed in the Lord forever! I am beginning the process for the K-1 Visa and I have a few questions. I keep getting conflicting reports from people, so I was hoping that someone here could help me and my fiancee.

I am currently living in Japan and I will be leaving to move back to the U.S. in a few months. My fiancee will still be living in Japan. My first question is (1) Where do I send the paperwork to? One person told me to an office in Texas (I will be living in Austin, Texas) and someone else told me that it was the office in Virginia. My second question is (2) can my fiancee fly to Germany to visit her parents while we are applying for the K-1 Visa? From what I understand, she cannot leave the U.S. once she enters the country on the K-1 Visa, but I am unsure as to if she can travel to Germany while the paperwork for the K-1 is being processed.

Thank you for any help that you may be able to provide. Take care, keep everyone in your prayers, and may God continually Bless you and your family forever!

1) depends on where you live... checking the I-129F instructions would be a critical first step... Texas service center does not process I-129F's anymore (hasn't for quite a few years).... If I remember correctly, Texas goes to VERMONT service center.

2) Being the beneficiary of a a USC's petition does not "shackle" a foreign alien from living there life... of course they can travel to other countries during the process... the petition is about 5/6 mos. from submission to decision....

[D29TEXAS 0]

Thank you all for the help. I am just stressed out from my work and this process. Thanks again for the advice. God Bless you all!

[Carlawarla 1]

If you're living in Japan, could you not file DCF? Check it out.

[payxibka 10,045]

If you're living in Japan, could you not file DCF? Check it out.

It could very well be an option.... the only thing that might be in the way is the current lack of a marriage....

[Gemmie 142]

Just to point out, you could get married and file the DCF to bring your Japanese wife to the US with you. Read the guides for more information. Or you can continue with plans for the K1.

My second question is (2) can my fiancee fly to Germany to visit her parents while we are applying for the K-1 Visa? From what I understand, she cannot leave the U.S. once she enters the country on the K-1 Visa, but I am unsure as to if she can travel to Germany while the paperwork for the K-1 is being processed.

She can visit wherever she wants as the K1 is being processed, it's only once she enters with the K1 that she must stay in the US until she is given her greencard or travel permit (3-6 months).

[shaggy_mutt 0]

Just to point out, you could get married and file the DCF to bring your Japanese wife to the US with you. Read the guides for more information. Or you can continue with plans for the K1.

My second question is (2) can my fiancee fly to Germany to visit her parents while we are applying for the K-1 Visa? From what I understand, she cannot leave the U.S. once she enters the country on the K-1 Visa, but I am unsure as to if she can travel to Germany while the paperwork for the K-1 is being processed.

She can visit wherever she wants as the K1 is being processed, it's only once she enters with the K1 that she must stay in the US until she is given her greencard or travel permit (3-6 months).

Just to elaborate on what Gemmie wrote, she can attempt to visit US (though she isn't guaranteed entry) while the K-1 is in process. Chances of entry to the US on a tourist visa while K-1 is processing are decreased somewhat, because the K-1 shows immigrant intent. That said, many people have visited successfully. Your question, which she addressed, pertained to Germany; visits to anywhere but America should not be affected by the K-1 application (I know pushbrk is going to bust me for writing application instead of petition - neener, neener! ) and likewise, the visits should not cause any good or bad effect for the K-1 app... app... alright, petition.

What she needs to travel outside the US is called Advance Parole, or AP. This is the relevant portion of the FAQ:

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

As has already been pointed out, if you've both lived in Japan for a long enough period of time, it would be more efficient for you to marry now and do DCF - direct consular filing for a spousal visa. But only the two of you know whether this would be applicable to your relationship, or if this would be rushing things.

Good luck, welcome to VJ, & God bless!

[KimandRuss 0]

(I know pushbrk is going to bust me for writing application instead of petition - neener, neener! )