Living abroad while applying for K-1 Visa

[Jasmine86 0]

Hi everyone! I've been engaged to my British fiance since October. We're another broke young couple as it sounds like a lot of you are. We tried to apply for me (the American) to go live in the UK, but that didn't work out and set us back $1000. We're sick of being apart so instead of applying for the K-1 visa right away, we applied to both go live in New Zealand, got approved, and are leaving in May to do that for a year. We would like to live in the US eventually and I would like to (if possible) start the K-1 process while we're in New Zealand to cut down on the time we have to be apart while the visa is processing. Basically, here are my questions:

1) Is it possible to apply for the petition from outside the US? (I'm assuming it is since it's just via mail.)

2) Will either or both of us be able to receive correspondence about the visa from NZ? Will the USCIS send things to us there or will we have to have our parents send us stuff from our home countries to NZ?

3) Related to the previous question, if we are "living" overseas temporarily together, should we fill in our NZ address on the petition or pretend like we're in our home countries and just list our parents' addresses as our current addresses?

4) Will my fiance have to fly home to the UK for the interview or can he do that at the embassy in Wellington? (I'm assuming he will have to go to London, but just want to double check.)

5) Is there any reason you think trying to apply for the visa from overseas would be a really really bad idea?

I scanned through about 6 pages on the forum for answers to a similar situation but didn't find anything. I apologize if this has already been addressed. If so, can you direct me to that question?

Any help or input would be very much appreciated!

[Otto 83]

K-1/Fiance Visa may not be your only choice.

Is there any reason (life-plan) that you want-to/have-to get married in the US?

If the answer is 'No', then your best visa path might be to get married where ever you like, then file what is called DCF (Direct Consular Filing Information). This way - you could file for a spousal visa.

Going DCF would let you guys spend any 'waiting' time together - it would also allow your spouse to enter the US as a Permanent Resident (this is very helpful).

[Jasmine86 0]

There actually is no reason (besides my family's pressure) that we would need to/want to get married and live in the U.S. However, I don't know where else we could go to legally work and live after our year in New Zealand besides our home countries.

I will look into the DCF thing though...it's a whole new can of worms to read about!

Thanks!

[Jasmine86 0]

I just read VJ's brief explanation of the DCF and it looks like that might not be an option for us. Seems as though you have to be a permanent resident of the country you're applying in for at least 6 months and we both just have working holiday visas in New Zealand.

Unless I'm mistaken, I think that leaves us with our first option.

Any ideas on those questions?

[Alcheringa 39]

1) Is it possible to apply for the petition from outside the US? (I'm assuming it is since it's just via mail.)

I did, from the Philippines. Simply used a friend's address in North Carolina that was willing to receive (and send to me) the NOA1, NOA2, and NVC letter. As of the interview a few days ago, I've been here for six months straight.

2) Will either or both of us be able to receive correspondence about the visa from NZ? Will the USCIS send things to us there or will we have to have our parents send us stuff from our home countries to NZ?

The USC has to provide a U.S. address as proof of maintaining a U.S. domicile. The parent's address would suffice. As for the foreign fiancé(e), he would would receive correspondence from the local U.S. embassy at the location he specified in the petition

3) Related to the previous question, if we are "living" overseas temporarily together, should we fill in our NZ address on the petition or pretend like we're in our home countries and just list our parents' addresses as our current addresses?

If it is temporary, yes. But you'll obviously want to be back in the UK in time to meet all of the requirements.

4) Will my fiance have to fly home to the UK for the interview or can he do that at the embassy in Wellington? (I'm assuming he will have to go to London, but just want to double check.)

If you claim the UK address, and you are abroad temporarily as you say, then he'd have to go home for the interview. The address the foreign beneficiary provides dictates the embassy it will go to.

5) Is there any reason you think trying to apply for the visa from overseas would be a really really bad idea?

Nope.

This all applies to a K-1; there is plenty of info on the DCF elsewhere.

How are you guys approaching the I-134 Affidavit of Support? That's usually the next tripwire, if the petitioner does not necessarily have sufficient income or assets.

Good luck. Ask your questions, and folks will walk you through it.

[Anh map 2,098]

Plan for the K1 and Adjustment of Status process to cost you approximately $1500 - $2000.

Be sure to get a police report from NZ for your fiance before leaving. It will be needed along the way.

Look over the affidavit of support requirements for you the US citizen petitioner. You can find that info at the London embassy website. From what you're saying you will need to secure a "cosponsor" for your fiance.

And do read through the Adjustment of Status guide as well to get an idea of what's needed after your marriage in the US. Your fiance/ new spouse will not be able to work for several months after arrival. If there are budgetary concerns after his arrival in the US it's best plan a bit before jumping into the pool.

Enjoy the trip to NZ. Best of luck in your visa journey.

[Jasmine86 0]

Thanks so much for the help both of you!

I'm glad to hear that it can be and has been done from overseas. I think we'll plan on applying for it partway through our trip, use our home addresses for correspondence, and hopefully time it so that the interview will take place after our trip to NZ and when my fiance will be back in the UK. We have about $4000 saved between the two of us and won't send in the petition for probably another 6 months so I think we'll probably be set.

It's so great to have found a community of people who are going through a lot of the same stuff and are happy to offer advice. I don't have any more questions right now, but probably will as we go through the process so I'm sure I'll be back on here!