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Filed: Country: South Africa
Timeline

Hello,

I've been living in London for about 2 years now, and while abroad have met a lovely woman, Sarah. Sarah is from South Africa, so its quite an interesting tale. We have been together for about a year now, and have shared a house for the past 3 months. The unfortionate news is that Sarah cannot continue to stay in the UK after November. She is on a working-holiday visa (2-year visa) which expired Dec 1st. The company I work for is international, and I have put in a request to transfer back to my original office in Baltimore, US. This is where I grew up, and Sarah and I would like to live happily together.

The reason I am asking for help is because neither of us are that experienced, and between websites telling me to hire someone to assist, but it seems that the individual suggests that we do it ourselves. Is this true? (do it without assistance)

I notice that its possible to provide a change of address once our form is submitted, but I'm worried about moving to either the US or SA will cause a delay in our application. Does anyone have any experience with the following, and can provide some suggestions/guidance. I know my scenario is not that abnormal, but i just havent found the exact answer i'm looking for. If there is a post that can help me please feel free to refer me to it.

thank you very much for any guidance, and hopefully with a friendly, knowledgable community behind me, Sarah and I can continue a lasting relationship in the US :-)

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Hello,

I've been living in London for about 2 years now, and while abroad have met a lovely woman, Sarah. Sarah is from South Africa, so its quite an interesting tale. We have been together for about a year now, and have shared a house for the past 3 months. The unfortionate news is that Sarah cannot continue to stay in the UK after November. She is on a working-holiday visa (2-year visa) which expired Dec 1st. The company I work for is international, and I have put in a request to transfer back to my original office in Baltimore, US. This is where I grew up, and Sarah and I would like to live happily together.

The reason I am asking for help is because neither of us are that experienced, and between websites telling me to hire someone to assist, but it seems that the individual suggests that we do it ourselves. Is this true? (do it without assistance)

I notice that its possible to provide a change of address once our form is submitted, but I'm worried about moving to either the US or SA will cause a delay in our application. Does anyone have any experience with the following, and can provide some suggestions/guidance. I know my scenario is not that abnormal, but i just havent found the exact answer i'm looking for. If there is a post that can help me please feel free to refer me to it.

thank you very much for any guidance, and hopefully with a friendly, knowledgable community behind me, Sarah and I can continue a lasting relationship in the US :-)

Howzit Nick,

I don't think moving will cause a delay, Obviously Sarah will have to attend her interview in South Africa if she is Going back to South Africa. If you apply everything should be fine to do it by yourself. When are you transferring back to Baltimore?

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Filed: Country: South Africa
Timeline

Howzit Nick,

I don't think moving will cause a delay, Obviously Sarah will have to attend her interview in South Africa if she is Going back to South Africa. If you apply everything should be fine to do it by yourself. When are you transferring back to Baltimore?

Thanks for the info. I'm unsure when i'm going to transfer back to Baltimore. The original plan was to go back in october after a trip to SA for a few weeks. but the plan might be now working in SA for 3 months until december or so until we get the visa situatated, and then come back to Baltimore in the new year. I'm lucky enough to have a job that might allow that flexibility :-) Sarah and I do not want to spend that much time apart :-(

I think were just going to apply with Sarah's parents home address in SA, that way all the paperwork gets delivered somewhere where we're going to bein 5 or so months.

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Filed: K-1 Visa Country: Vietnam
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I think were just going to apply with Sarah's parents home address in SA, that way all the paperwork gets delivered somewhere where we're going to bein 5 or so months.

I was going to suggest the same thing. USCIS and the foreign consulates have a habit of not properly recording a change of address once a petition or visa application are being processed. There have been plenty of people who have said that USCIS or the consulate mailed important correspondence to the old address. You'll be much less likely to have any troubles if you can provide a stable address for both petitioner and beneficiary, and stick with the addresses throughout the process. You just need someone to receive your mail at those addresses while you're away.

The downside about this approach is that you may have a limited amount of time to respond if there is a hangup along the way (you get an RFE from USCIS, for example), and you might burn up most or all of the time you have available if you need to have all of your mail forwarded to you. There are also documents that will be required that may not be readily available if either of you are abroad. For example, if you or her have ever been divorced then you'll need copies of the divorce decrees. You'll need a copy of your most recent tax return for the affidavit of support. She'll need police certificates from any country she's lived in for more than a year. Check out the K1 guides (link at the top of the page) to see what the process is like, and what documents will be needed at each stage.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (pnd) Country: Morocco
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I was going to suggest the same thing. USCIS and the foreign consulates have a habit of not properly recording a change of address once a petition or visa application are being processed. There have been plenty of people who have said that USCIS or the consulate mailed important correspondence to the old address. You'll be much less likely to have any troubles if you can provide a stable address for both petitioner and beneficiary, and stick with the addresses throughout the process. You just need someone to receive your mail at those addresses while you're away.

The downside about this approach is that you may have a limited amount of time to respond if there is a hangup along the way (you get an RFE from USCIS, for example), and you might burn up most or all of the time you have available if you need to have all of your mail forwarded to you. There are also documents that will be required that may not be readily available if either of you are abroad. For example, if you or her have ever been divorced then you'll need copies of the divorce decrees. You'll need a copy of your most recent tax return for the affidavit of support. She'll need police certificates from any country she's lived in for more than a year. Check out the K1 guides (link at the top of the page) to see what the process is like, and what documents will be needed at each stage.

Jim,

Would a DCF not be possible for a case like this, if he has resident status in the UK, and she is legally present there? I understand that processing time is a lot faster for DCF, so they may be able to swing it if he files soon..

Sarah (also a Baltimorean ;) )

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Filed: K-1 Visa Country: Vietnam
Timeline

Jim,

Would a DCF not be possible for a case like this, if he has resident status in the UK, and she is legally present there? I understand that processing time is a lot faster for DCF, so they may be able to swing it if he files soon..

Sarah (also a Baltimorean ;) )

Yes, but a DCF can only be done for a spousal visa - not a K1. They'd have to get married in the UK first.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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  • 2 weeks later...
Filed: Country: South Africa
Timeline

Thanks All,

Were currently filling out our K-1 forms now!!! How exciting! We are providing our UK address as our current address, but are going to add an extra piece of paper stating our intent to leave. Part of our "relationship proof" is that I was going to provide a copy of our current lease, terminating September 21st. Luckily, I have an interview on Monday for a position in Johannesburg, which I feel confident I will get (it's just an intercompany transfer)

We are going to add that our mailing address will be a home address in SA, and then once the petition is filed we will fill in a proper "change of address" request.

As for marrying in the UK, this was looked into, but due to timing issues to file for foreign nationals to marry in the UK and Sarah's visa expiring in December would not allow us to marry You need at least 6 months left to marry, and a 2 step application which each step takes longer than a month = not possible :-( I'm not claiming to be an expert, but it did not look like this was going to work.

Hopefully everything will go smoothly. I'll keep everyone updated.

~Nick

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