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Katwood

I live abroad with my fiancee - Can I apply for K1?

By Katwood in K-1 Fiance(e) Visa Process & Procedures

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Katwood Contributor

Katwood   0

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

My fiancee has been reading an e-book in Spanish from ImmigrationUnitedStates.org about the K1 visa. The document says that the fiancee visa isn't for couples living together abroad. It advises that couples in this situation should marry and apply for a CR1. We have been told something similar by a lawyer friend who advised that I move back to the US by myself and apply from there. We would like to avoid being separated because we are having a baby any day now. We wanted to do the K1 instead of the CR1 because it takes less time.

Has anyone heard of a couple having problems being approved for the K1 because they live together abroad? Should I down play our living together and explain my absence from the US workforce as a sabbatical?

I should mention that I have a co-sponsor.

Thank you!

09/25/2010 - I-129 Sent

K-1 VISA JOURNEY

10/06/2010 - NOA 1

03/07/2011 - NOA 2

03/21/2011 - NVC sent to Juárez

03/18/2011 - Juárez received

(How Juarez received before NVC sent is beyond me. I'm just reporting what I've been told.)

04/11/2011 - Juárez sent Packet 3

04/25/2011 - "Packet 3" arrived to my fiancé's house in Mexico

05/02/2011 - Medical

05/03/2011 - ASC

05/04/2011 - Interview

05/11/2011 - Entered the United States of America for the first time in his life

05/16/2011 - MARRIED!

AOS JOURNEY

05/xx/2011 - AOS

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<img border="0" src="http://tickers.TickerFactory.com/ezt/d/4;10704;94/st/20110516/e/Wedding/k/6ee2/event.png"></a>

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Gingerpants Community Regular

Gingerpants   8

Posted
Filed: Lift. Cond. (pnd) Country: Ireland
 Timeline
Posted

We're living abroad and the USCIS hasn't given us any problems. :)

K1 Visa

I-129F Sent :------------------2010-07-28

I-129F NOA1 :----------------2010-08-05

Transferred to CSC:--------2010-08-10

I-129F NOA2 :----------------2011-01-04

NVC Left :----------------------2011-01-19

Consulate Received :------2011-01-25

Packet 3 Received :---------2011-01-27

Packet 3 Sent :---------------2011-01-27

Packet 4 Received :---------2011-02-17

Interview Date :---------------2011-02-24

Visa Received :---------------2011-03-07

Flight: March 10th 2011!

Married: March 22nd 2011!

AOS

AOS Packet sent :------------2011-04-28

NOA1 :---------------------------2011-05-04

I-485 RFE :---------------------2011-05-16

Biometrics letter : ------------2011-05-23

Biometrics Walk-In :---------2011-05-26

RFE Response :--------------2011-05-31

Transferred to CSC :--------2011-06-14

EAD Approved :---------------2011-06-24

AP Approved :-----------------2011-06-28

EAD / AP Received :--------2011-07-02

AOS Approved :---------------2011-08-04

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Gingerpants Community Regular

Gingerpants   8

Posted
Filed: Lift. Cond. (pnd) Country: Ireland
 Timeline
Posted

Oh and in answer to your other question there's no need to play down your living together, the USCIS isn't the Catholic church so they could care less. :P And you don't need to mention the co-sponsor until the consulate stage.

K1 Visa

I-129F Sent :------------------2010-07-28

I-129F NOA1 :----------------2010-08-05

Transferred to CSC:--------2010-08-10

I-129F NOA2 :----------------2011-01-04

NVC Left :----------------------2011-01-19

Consulate Received :------2011-01-25

Packet 3 Received :---------2011-01-27

Packet 3 Sent :---------------2011-01-27

Packet 4 Received :---------2011-02-17

Interview Date :---------------2011-02-24

Visa Received :---------------2011-03-07

Flight: March 10th 2011!

Married: March 22nd 2011!

AOS

AOS Packet sent :------------2011-04-28

NOA1 :---------------------------2011-05-04

I-485 RFE :---------------------2011-05-16

Biometrics letter : ------------2011-05-23

Biometrics Walk-In :---------2011-05-26

RFE Response :--------------2011-05-31

Transferred to CSC :--------2011-06-14

EAD Approved :---------------2011-06-24

AP Approved :-----------------2011-06-28

EAD / AP Received :--------2011-07-02

AOS Approved :---------------2011-08-04

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Rob and Jill Community Regular

Rob and Jill   82

Posted
Filed: AOS (apr) Country: Scotland
 Timeline
Posted
We're living abroad and the USCIS hasn't given us any problems.

YET!!!

I haven't gone back and read that part of the forms. BUT with that being said, you've only received a NOA1 thus far and can't be positive what kind of problems you might have! ;)

However, I did go to the USCIS website and find the following link for the OP:

USCIS

I skimmed it, (you should throughly read it to make sure) but do not see where living together is an issue. Also, here are the full instructions for the I129-F that should tell you if living together is an issue!

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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Gingerpants Community Regular

Gingerpants   8

Posted
Filed: Lift. Cond. (pnd) Country: Ireland
 Timeline
Posted

YET!!!

I haven't gone back and read that part of the forms. BUT with that being said, you've only received a NOA1 thus far and can't be positive what kind of problems you might have! ;)

On the top of our packet I placed a typed noticed stating that I was currently living abroad with my fiance and if they would prefer they could use my Parent's US address instead of my address in Ireland. They didn't have any issues with posting to me abroad (which is what would be the most logical reason for them to have a problem with it). Really I see this as only strengthening our case since it shows we have been able to maintain a long term relationship while living together and that we've made sacrifices to be near each other. An additional bonus would be that because I'm here with him in his country (with oodles of proof) there won't be any doubts that we've seen each other with in the last two years.

K1 Visa

I-129F Sent :------------------2010-07-28

I-129F NOA1 :----------------2010-08-05

Transferred to CSC:--------2010-08-10

I-129F NOA2 :----------------2011-01-04

NVC Left :----------------------2011-01-19

Consulate Received :------2011-01-25

Packet 3 Received :---------2011-01-27

Packet 3 Sent :---------------2011-01-27

Packet 4 Received :---------2011-02-17

Interview Date :---------------2011-02-24

Visa Received :---------------2011-03-07

Flight: March 10th 2011!

Married: March 22nd 2011!

AOS

AOS Packet sent :------------2011-04-28

NOA1 :---------------------------2011-05-04

I-485 RFE :---------------------2011-05-16

Biometrics letter : ------------2011-05-23

Biometrics Walk-In :---------2011-05-26

RFE Response :--------------2011-05-31

Transferred to CSC :--------2011-06-14

EAD Approved :---------------2011-06-24

AP Approved :-----------------2011-06-28

EAD / AP Received :--------2011-07-02

AOS Approved :---------------2011-08-04

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