K-1 Visa application

[karenrobert831 0]

Hello everyone,

This is our first post here, we have been reading a lot of information here and have learned loads already, but still have a couple questions that we dont know if we will be able to find any information on. First off, a little about us. I am the U.S. citizen, living in California, and my fiancee is from Great Britain (England). She is here with me in the U.S. until the 21st of February, 2009 when her tourist visa expires. We have been seeing each other (well living together between the US and Spain) for over a year now, but obviously we cant afford to keep flying to different countries every time one of our visas expires. So it's looking like she is going to have to go back to England on her own and we are going to have to sort her out a visa so she can come live in the U.S. permanently. She isn't technically divorced from her previous marriage yet (due to the incompetence of others) and it doesnt look like her Decree Absolute (evidence that her previous marriage is disolved) will be through until the middle of March 2009 sometime. First question is, should I wait until her decree absolute comes through to send in the I-129F form? Will there be an area for me to explain that by the time we are ready to get married, her previous marriage will be over? Another problem we may have is that I have never had a job. I have lived in special circumstances (without getting to in depth, my parents both work, and I unofficially worked for them taking care of my younger siblings, but never received a paycheck from them) Will my parents (who make well over the 125% threshold) be able to sponsor my fiancee? And one last question, once I send off the I-129F form and receive confirmation that it has been approved, is there any reason for me to remain in the U.S. ? Will I be able to go to England and live with my fiancee while we wait for the visa approval to arrive at the US Embassy in London? Thanks in advance for all your help, and we will deffinatley stay in touch!

Robert and Karen

[Hell0W0rld 10]

1. You NEED to wait for the divorce to be FINAL.

2. you don't need a job but you still have to fill out the I-134, and yes your parents can be your co-sponsor, they will need to fill out the I-134 as well.

3. after you file, you don't have to remain in the states, in fact you don't have to be in the states to file, just make sure it goes to the correct service center, and you have someone receiving your mails.

Edited January 22, 2009 by HelloWorld08

[karenrobert831 0]

Another question... will my fiancee need a proper address when she gets to England? She has been living in Spain the past 6 years, but will be going back to England to live while she waits for her visa, probably living at a bed and breakfast, but there is no guarantee that the address I put on the I-129f when I send it in will still be her address by the time its time for the embassy to contact her. Will there be a way to notify the NVC of a change of address, so they know where to send the information to her in England?

[karenrobert831 0]

Oh, one thing we forgot... there is a pretty big age difference between us (21 years to be exact) Anyone have any idea if this will bring up any problems?

[Anh map 2,098]

The age shouldn't be a problem. (22 years in our case) You gotta get that divorce final as she will not be able to answer "yes" to the question: Are you able to be married. Don't spend the money on the petition until it's finalized.

Best of luck!