Employment Hiatus & Living with Fiancee Overseas During K1 Process

[Alcheringa 39]

I've worked abroad since 2005, and am currently taking a hiatus while living with my fiancee in the Philippines during the K1 process -- which I have not submitted yet.

I searched but was unable to find a definitive answer --

#1 While I can provide a physical U.S. address at which mail can be received, is it appropriate for me to highlight that I am (and will be) here with her the entire time? As rock-solid proof of a legitimate relationship?

I'm thinking in terms of specifying that in the I-129F, as well as in an affidavit with the packet.

The issue arises with giving the U.S. address where mail can be received versus also giving my actual location here in the PI in my residence history. Can I do that? I don't see why it would be a problem, but I want to make sure. I mean, after all, I actually am here. And my residential history is not really a reflection of permanent residence.

It just seems if I can explain I am here it would create a water-tight case on my behalf. I mean, we met in 2008 and come the interview will have lived together for six months. Makes provided copies of emails and photographs of us together sort of moot -- even though there will be plenty provided.

#2 Also, regarding financial support. I technically am not employed at the moment, but have several hundred thousand dollars in savings. Will that definitely be sufficient, even though I am not literally generating a monthly income at the moment?

Appreciate it, folks. You've been a lot of help.

Edited December 13, 2009 by Alcheringa

[Darnell 8,478]

2 things:

1. you may or may not have to prove up usa domicile on interview day. it may or may not be an issue, depending on how you've 'maintained your usa domicile' in the past.

2. use the cash as assets - you'll be fine (IMO) in the I-134 - don't worry about shifting around to 'find a job'.

[Alcheringa 39]

I've maintained residence in the U.S. the entire time, worked for a stateside U.S. company, paid taxes, my accounts are there -- that won't be an issue.

I'm just curious as to whether I can put the U.S. address where mail can be received (in the initial portion of the I-129F), but in my residence history (in the G-25A) say I am currently overseas. And explain that I will be here the entire time with her, thereby -- aside from finances -- giving pretty solid proof of our intent?

Are there any provisions about the petitioner not being stateside?

[tallcoolone 102]

You don't have to be stateside.

[Alcheringa 39]

Does the petition packet *have* to originate from a stateside address? Or can I ship it via FedEx directly from the Philippines to the Service Center corresponding to my stateside physical address?

[Malrothien 6]

You can send the paperwork in from overseas.

[Gary and Alla 3,694]

There are no "rollover minutes" or "extra points" in the visa process. Living with your fiancee while you file the petition does not make up for a lack of income or assets...period. You do not have to live with her to qualify for a K-1 as can be testified to by 99.999995% of K-1 petitioners. In fact, if you ask me (and you did) it is hardly rock solid proof of anything except an extended vacation with a nightly bed-warmer. Neither qualify you for a K-1 visa.

Assets will need to be 3x the poverty guidelines at the time of the interview, many months down the road, something like $60,000 at that time. Is that what you mean by "several thousand" in the bank?

I do not encourage what you are doing. You intend to be married and live with her in the USA (hence the K-1 visa, if that is not your intent, no need to put your shirt on, dude, kick back and live with her in the PI) so get your @ss back here and prepare a life for your family with an INCOME a HOME, and those other troublesome things we all have to do.

You need to have a permanent US domicile to file a petition (again, if you do not you have no need for a k-1 visa) you can reside anywhere you want while the petition is processed and you need to provide an affidavit of support at the interview which indicates an ongoing source of income OR enough liquid assets

[CaMic 0]

There are no "rollover minutes" or "extra points" in the visa process. Living with your fiancee while you file the petition does not make up for a lack of income or assets...period. You do not have to live with her to qualify for a K-1 as can be testified to by 99.999995% of K-1 petitioners. In fact, if you ask me (and you did) it is hardly rock solid proof of anything except an extended vacation with a nightly bed-warmer. Neither qualify you for a K-1 visa.

Assets will need to be 3x the poverty guidelines at the time of the interview, many months down the road, something like $60,000 at that time. Is that what you mean by "several thousand" in the bank?

I do not encourage what you are doing. You intend to be married and live with her in the USA (hence the K-1 visa, if that is not your intent, no need to put your shirt on, dude, kick back and live with her in the PI) so get your @ss back here and prepare a life for your family with an INCOME a HOME, and those other troublesome things we all have to do.

You need to have a permanent US domicile to file a petition (again, if you do not you have no need for a k-1 visa) you can reside anywhere you want while the petition is processed and you need to provide an affidavit of support at the interview which indicates an ongoing source of income OR enough liquid assets

the Op said several HUNDRED thousand so I think he/she is fine on the affidavit of support - lucky person!!

[Gary and Alla 3,694]

There are no "rollover minutes" or "extra points" in the visa process. Living with your fiancee while you file the petition does not make up for a lack of income or assets...period. You do not have to live with her to qualify for a K-1 as can be testified to by 99.999995% of K-1 petitioners. In fact, if you ask me (and you did) it is hardly rock solid proof of anything except an extended vacation with a nightly bed-warmer. Neither qualify you for a K-1 visa.

Assets will need to be 3x the poverty guidelines at the time of the interview, many months down the road, something like $60,000 at that time. Is that what you mean by "several thousand" in the bank?

I do not encourage what you are doing. You intend to be married and live with her in the USA (hence the K-1 visa, if that is not your intent, no need to put your shirt on, dude, kick back and live with her in the PI) so get your @ss back here and prepare a life for your family with an INCOME a HOME, and those other troublesome things we all have to do.

You need to have a permanent US domicile to file a petition (again, if you do not you have no need for a k-1 visa) you can reside anywhere you want while the petition is processed and you need to provide an affidavit of support at the interview which indicates an ongoing source of income OR enough liquid assets

the Op said several HUNDRED thousand so I think he/she is fine on the affidavit of support - lucky person!!

well, I quantified it for him and if that is the case, he has no worries. Good for him. I have several hundred million in the bank, for the record, but I didn't bother to tell them that and used one of my income producing jobs to provide support...I know, silly me.

The point is, I do not know what the Op has in the bank and do not base it on what he says on the internet. He knows what he needs as do the other people who may be researching this topic.

[Alcheringa 39]

There are no "rollover minutes" or "extra points" in the visa process. Living with your fiancee while you file the petition does not make up for a lack of income or assets...period. You do not have to live with her to qualify for a K-1 as can be testified to by 99.999995% of K-1 petitioners. In fact, if you ask me (and you did) it is hardly rock solid proof of anything except an extended vacation with a nightly bed-warmer. Neither qualify you for a K-1 visa.

Assets will need to be 3x the poverty guidelines at the time of the interview, many months down the road, something like $60,000 at that time. Is that what you mean by "several thousand" in the bank?

I do not encourage what you are doing. You intend to be married and live with her in the USA (hence the K-1 visa, if that is not your intent, no need to put your shirt on, dude, kick back and live with her in the PI) so get your @ss back here and prepare a life for your family with an INCOME a HOME, and those other troublesome things we all have to do.

You need to have a permanent US domicile to file a petition (again, if you do not you have no need for a k-1 visa) you can reside anywhere you want while the petition is processed and you need to provide an affidavit of support at the interview which indicates an ongoing source of income OR enough liquid assets

the Op said several HUNDRED thousand so I think he/she is fine on the affidavit of support - lucky person!!

well, I quantified it for him and if that is the case, he has no worries. Good for him. I have several hundred million in the bank, for the record, but I didn't bother to tell them that and used one of my income producing jobs to provide support...I know, silly me.

The point is, I do not know what the Op has in the bank and do not base it on what he says on the internet. He knows what he needs as do the other people who may be researching this topic.

As always, I appreciate the helpful input, folks. This is an incredible resource, albeit a curiously angry one at times...

Rest assured, G&A, that my background is a bit more stable than you propose. Your concern is valued, though. Clearly some people are processing visas while their preparation for the reality of having done so back home is less than stellar. Point taken, and one that we all should mark.

Thanks again, everyone!