Can I live outside of the US and still apply for a K1?

[Johansson 0]

Hi everyone,

My fiancé is Swedish and I am American. For at least the next 2 years, I will be living in Sweden because of his job. We want to get married in the U.S. and also for him to get his American citizenship (eventually).

My question is, can we still apply for the K1 Visa while I am living in another country?

Also, after we are married, is it possible for us to both reside in Sweden while his citizenship processes?

Please, if anyone can answer these questions for me, I would greatly appreciate it!

Thank you

Jessica

[kitkat1 5]

You can send your application materials while in another country but the point of a K1 is to bring a foreign fiance to the US to marry and live. The visa allows 6 months to enter and do so. If you are going to be there for two years, not really an option unless you apply in a year and a half. Check and see if Direct Consular Filing is an option instead.

[Ken_Maria 0]

Hi everyone,

My fiancé is Swedish and I am American. For at least the next 2 years, I will be living in Sweden because of his job. We want to get married in the U.S. and also for him to get his American citizenship (eventually).

My question is, can we still apply for the K1 Visa while I am living in another country?

Also, after we are married, is it possible for us to both reside in Sweden while his citizenship processes?

Please, if anyone can answer these questions for me, I would greatly appreciate it!

Thank you

Jessica

Depends, we need more information. If you are a military or Government employee with and APO/FPO address, that is considered a U.S. address and for filing puroses the center nearest your home of record should be used. Good luck, Payato

[kitkat1 5]

Depends, we need more information. If you are a military or Government employee with and APO/FPO address, that is considered a U.S. address and for filing puroses the center nearest your home of record should be used. Good luck, Payato

The problem is, it's not only about having the US address for filing purposes. It's also that the K1 is to bring the foreign fiance to the US to marry and live within 6 months of receiving the visa. If they are planning to stay there for two years, it's probably not the best option.

[rosyanne 0]

You might want to concern about direct file from local embassy.

[t&s 0]

You might want to concern about direct file from local embassy.

wow. you want him to be an american citizen, but he lives in sweden and wants to keep living in sweden. some might consider that to be fraud. some would say that you and your fiance are trying to get american benefits but live in sweden. since you want to live in sweden, maybe you should be a swedish citizen and have him submit a k1 for you. i would definitely be careful. good luck.

[meauxna 15]

Hi everyone,

My fiancé is Swedish and I am American. For at least the next 2 years, I will be living in Sweden because of his job. We want to get married in the U.S. and also for him to get his American citizenship (eventually).

My question is, can we still apply for the K1 Visa while I am living in another country?

Also, after we are married, is it possible for us to both reside in Sweden while his citizenship processes?

Please, if anyone can answer these questions for me, I would greatly appreciate it!

Thank you

Jessica

Jessica,

How exciting!!!

There is another option you may not have found out about yet, but it is for US citizens living abroad--this is how I filed my case, and my husband just got his US citizenship, so yes: it can be done.

Skip the non-immigrant K visa and go straight to the immigrant visa. He gets his green card immediately and is eligible to apply for citizenship 3 years after that.

What is DCF and Why Do I Care?

As an aside, there are a few things you should make sure you do before leaving the US that will make your return in general easier. WRT immigration, WAY easier. Do some planning ahead and have a great adventure!

[kitkat1 5]

meauxna, thank you oh great and powerful oz! I was hoping you'd come along and save the day

[meauxna 15]

meauxna, thank you oh great and powerful oz! I was hoping you'd come along and save the day

lol, just becasue I'm hoping to get my mitts on your dancin' girl!

PS: you can bookmark the DCF Guide too--anyone can hand it out!

[joeyjoey 1]

Hi everyone,

My fiancé is Swedish and I am American. For at least the next 2 years, I will be living in Sweden because of his job. We want to get married in the U.S. and also for him to get his American citizenship (eventually).

My question is, can we still apply for the K1 Visa while I am living in another country?

Also, after we are married, is it possible for us to both reside in Sweden while his citizenship processes?

Please, if anyone can answer these questions for me, I would greatly appreciate it!

Thank you

Jessica

I think you'd be better if you did a Direct Consular Filing (DCF). The normal K1 route is not for you based on what you've described. After issuance of a K1, he has 6 months to use the visa and enter the US for marriage. The point is to bring him here to the US, eventually adjust the status and then to remove all conditions from his status. But you will not be here for 2 years! Check to see if a DCF is available to you in Sweden.

[heathius 0]

My fiancee is German and we live together in China, so our case may be even more gonzo than yours.

You can easily file your K-1 while you are living in another country, but there are some stipulations:

1.) You will need to have a mailing address in the US. Your parent's address will work just fine.

2.) You cannot permantly move back to the US during the K-1 process. You must maintain an address in Sweden, and plan to be in Sweden for the consular processing.

3.) As others have said, the purpose of the K-1 is to bring your fiance to the US for the purpose of marriage and possible immigration. If he plans on getting a green card/residency once you're are married, you will need to file immediately and spend at least 6 months per year in the US until the green card/residency is issued.

I understand that you want to live in Sweden, but you also have to think about the future a bit while doing this process. By getting married and then forfeiting the chance to get a green card/residency, you are hurting your chances of getting these items in the future should you need them for any reason. That would mean that your then husband could only enter the US as a visitor.

I would suggest pursuing a DCF. Another option would be just to get married in Sweden, and then if you decide to leave Sweden later on, you can apply for the K-3 visa. But even on K-3, the purpose is for your husband to gain residency. If you don't want to stay long enough to gain residency, then the K-3 is also not going to work for you.

Edited September 28, 2006 by heathius

[meauxna 15]

I understand that you want to live in Sweden, but you also have to think about the future a bit while doing this process. By getting married and then forfeiting the chance to get a green card/residency, you are hurting your chances of getting these items in the future should you need them for any reason. That would mean that your then husband could only enter the US as a visitor.

I would suggest pursuing a DCF. Another option would be just to get married in Sweden, and then if you decide to leave Sweden later on, you can apply for the K-3 visa. But even on K-3, the purpose is for your husband to gain residency. If you don't want to stay long enough to gain residency, then the K-3 is also not going to work for you.

1-Why can't she move back to the US during the K process? The OP is a US citizen.

2- There is no '6 months per year' residency rule for anyone but a candidate for naturalization to US citizenship. And why would either of them be required to spend 6 months per year in the US *before* PR status?

3-I don't even understand the last paras.. can you explain?

PS: how come you two aren't filing DCF in China?

[Johansson 0]

Hi everyone!

Thank you for your replies. This is a huge help and it is nice to know that so many people are going through the same thing as we are.

I had no idea about the DCF and hadn't researched the K3 Visa, but I guess maybe the K1 Visa isn't for us considering we will be living in Sweden for a while. The last thing I want to do is ruin any future chances of us living permanently in the States. I will definately research these options!

Thank you, thank you! Best luck to all of you!

Jessica and Erik

[regholdsworth 0]

Ok didn't want to start a new thread so figured I'd tag on this to try and get clarification on what is said above as it pretty much covers my subject. My girlfriend is in the Philippines, her mother and sister live in the US, I'm a new US citizen.

As we are frustrated with being apart I was thinking that I could move over there for a year or whatever while the K1 gets processed then come back to the states when visa issued.

So from what is said above is this correct that if I submit the application in the US with my girlfriend's mother/sister's US address I can then jump on a plane and head out there and be with her until the visa is complete?

I looked through the step by step guide and it doesn't look like I need to go and interview at all, she just has to do it all locally over there?

She had queried an agency over there and they had said I would need to stay in US and prove I had a home and a job but having looked through the form and requirements I see no mention of anything like that, can anyone concur?

Also her Mother is only green card holder and has had a petition for her in for years, would we have to cancel that before submitting the K1?

Many thanks in anticipation!

[Saddle Bronc 124]

You may be better off doing a DCF in that case.