expat benefit filing in home country

[bluephish 0]

My fiance (beneficiary, Japanese Citizen) and I (US citizen) are filing for a K-1 visa. She works and lives in Shanghai, China. I live in the US. For convenience, we would like to file through the US Embassy in Tokyo, Japan. Does anyone have any experience with this? Are we able to file through the US Embassy in Japan even though she is NOT a Resident of Japan (she is a Japanese citizen)?

[Kengux 3]

You cant make a DCF in a foreign country if you intend to file a k1. A k1 can only be filed by USC who resides in US. You can only make a DCF if you're filing for CR1, which means you're both married.

K 1 visas are filed by a USC only in United States. Read the guides..

[Kengux 3]

The reason why K1 visas are filed in United States is because of background check on the USC petitioner.

[JimVaPhuong 4,863]

My fiance (beneficiary, Japanese Citizen) and I (US citizen) are filing for a K-1 visa. She works and lives in Shanghai, China. I live in the US. For convenience, we would like to file through the US Embassy in Tokyo, Japan. Does anyone have any experience with this? Are we able to file through the US Embassy in Japan even though she is NOT a Resident of Japan (she is a Japanese citizen)?

An alien can always interview in their country of citizenship. Interviewing in a country other than the one you're currently living in is generally only a problem if you're neither a citizen or legal resident of the other country. Make sure she gets a police certificate from China before she returns to Japan.

Edit: She would have to actually return to Japan for the interview. I presume this is what you meant.

Edited July 15, 2011 by JimVaPhuong

[bluephish 0]

Awesome! Thanks. Yes she is planning to return to Japan for the interview. We actually got antsy and called the US Embassy in Tokyo and got the same response! Glad to hear it confirmed here as well.

An alien can always interview in their country of citizenship. Interviewing in a country other than the one you're currently living in is generally only a problem if you're neither a citizen or legal resident of the other country. Make sure she gets a police certificate from China before she returns to Japan.

Edit: She would have to actually return to Japan for the interview. I presume this is what you meant.