Filing from abroad which visa?

[cllittle5098 0]

Hi, I'm new to this site but I've been reading it all night. I am thinking the best visa for my situation is the fiance visa, but I'm worried about the whole process. My partner and I have been together nearly 4 years. I'm USC, he's Canadian, we both met and live in England where we are also both wrapping up our PhDs. We decided a few months ago we wanted to build our future together, and now I've been offered a tenure track position teaching at a Southern California university starting August 1. He is more than willing to follow me, but we're struggling with how best to get him in the country, get married and get him working too. I am still waiting for him to formally put the ring on my finger, but as we've discussed an October wedding, I am thinking I need to fill out the I-129 today! I read that is it OK to file from abroad to start the process, and we'll both be back in our respective countries before it gets to his consulate. As a student, I still have my parent's address listed as my permanent address, have American bank accounts, etc. My one worry is that my salary does not kick in till August, and while I have some savings, this will be the first year in 4 I've had to file a tax return. Should I just get a cosponsor to be safe?

However, I am also wondering given what looks like 8-9 month processing times whether it might be worth it to elope and just file for the I-R1-C-R1. It seems that those are about the same amount of time as the K1 right now but then you don't have to adjust your status.

I'd really appreciate any feedback!

[Pitaya 2,577]

Whether you do the K1 or CR1/IR1 visa depends on the preference/circumstances of the couple. Our preference was the K1, we have planned on getting it done this way. It is a lot of work for everyone, but it is worth it.

Good luck, maybe we will see you trudging on the VJ trail. This is a great site, with good information.

[Dupont 0]

Hello! I'm also new to this so I don't know how much help I can give you, but my situation is similar to yours. I'm an American citizen living in Australia and my partner is Australian. We are looking to move back to the States when I am done with grad school, which will be in May, with ideally a November wedding. So here are a few suggestions:

First thing is the timeline. If I was you, I would go ahead and file the 129 as soon as you can because that way the clock will start ticking. While, there is no way to completely tell how long it will take - as it varies with each processing center and embassy, however it seems like for the most part, it takes around six months, some longer, some shorter. A friend of mine from France was just granted hers (a K-1), and it took that amount of time. Although, I have seen some things on here that makes me think that it is slowing down, but then again, it really just varies from case to case. I'm banking on 6 months personally and figure I'll worry about that later if it doesn't work out that way! That is another reason why we are planning a November wedding, just so we can be safe and make sure it is approved by then. You should go to the timeline stats page on this site to look at how long it will take on average. There is a lot of good information on there, including trends, etc. If, it did happen to take six months, then it would be approved mid-July (assuming you file mid-January). From that point, he would have six months that he could enter the country, and then you would need to get married within 90 days of him arriving. So, if you planned to get married on October 15th, then, he should be able to fly over with you in August. The only problem, is that he would have to wait for authorization to work, which takes about three months. But if you can financially afford to have him hang around for a bit, then that timeline should work out OK for you. Also, if you file it now, and it takes longer, say eight or nine months for him to get his visa, then he would be cleared in September or October, and could still arrive in time for a (late!) October wedding. While I'm not an expert, it seems that it seems to be slowing up a bit, so it could take longer than six months to process. But the stats page will show you more. You could always hold off on planning your wedding until you receive your NOA2. That is what takes the longest generally (unless you have a really slow embassy) so once you received that (should be within 5 months) you would have a better idea of when he would get his visa, and it would still allow you several months to plan the wedding.

I don't know as much about getting married and then having him apply, because we're not going that route. I've heard from others that it takes a bit longer to get processed, but there isn't a waiting period for working (but I'm not 100% on that).

I also filed from abroad, and that is totally fine. You will have no problem with that and I've spoken to other people on this site who have also done that. You can use your parents address, that will be fine - although as long as you are living overseas, you should put that as your mailing address so you will receive the proper paperwork and then you can update your address once you move. They sent it to me in Australia no problem.

Regarding your salary/tax returns - that step doesn't come until later. So go ahead and fill out the 129 and get that sent in. Even when living overseas you are still required to file a tax return in America as a US Citizen (unless because you are a student, you were below the income threshold, not sure what that is). It sounds like you haven't done that since you've been overseas. If that is the case, then I would work to get all of the former tax returns filed so they are on record when the time comes. Yes, you do need to make 125% of the poverty line (125% is around 18,300 for two people - no kids) in order to sponsor someone, however, you could get a letter from your employer stating your salary, that you have been hired at this rate, etc. I've seen stories from other people on VJ in the same situation as yours that have done that, and they have been fine. You can call them closer to the time and talk to them about your situation and they will tell you if you need a sponsor or not. If it turns out that you do need to get a sponsor, that is an easy process (assuming someone in your family is willing to do that for you). You can also use assets to sponsor if you don't meet the salary threshold. They must be 5X the amount of your salary shortage. So hypothetically, if you needed 18K for the threshold, only had 16K in income, then you would need (2,000 x 5) 10K to avoid getting a sponsor. Or, if you wanted to do the entire thing in assets, then you would need 5x18,300 = 91,500 (that 18.3 is rounded). Not sure what your financial position is, but that is something to keep in mind. If you want to look into that, see this link as I'm pretty sure that is the form that you have to fill out later down the road.

We also decided to go ahead and file the paperwork before we were "officially" engaged just because we wanted to get the ball rolling. And then that takes the pressure off of your soon to be fiance and he can propose to you when the moment is right, without rushing it, just so it's done before you send off your 129.

Sorry for the long reply! I could just completely empathize with your post as I've had all of those thoughts as well. I will say that after spending hours on this site, it made me feel a lot better. I'm not really worried about the income anymore, or details like that, as it sounds like they are pretty understanding and as long as you, show that you have a job, and/or have assets or get a sponsor - you are fine and have nothing to worry about. There are quite a few people who apply from overseas and are in the same boat. Also, when you are looking at timelines, and you see that some have taken a really long time, I always check to see if the got any RFEs (request for more information) as that can really slow things down a couple of months. So, when do you turn in your packet, make sure it is very organized, you read the instructions, and include EVERYTHING! I also look to see how quickly they turned around things as some people wait a month or so before turning some of their packets in which can slow thing down.

Best of luck and congrats on your (soon to be) engagement!

[cllittle5098 0]

Thanks A&B and Dupont! I really appreciate your replies, and it is so good to hear from someone in the same situation! The KI does seem less complicated and should let us still have a late October wedding. Plus our families would be so hurt if we eloped.

I didn't file tax returns in 2008, 2009 or 2010 because I didn't come remotely close to the income threshold for filing in either the UK or the US. Not sure filing the missing ones would help or not. My aunt I am sure will sponsor us, which I might do just to be safe. I will be making well above the poverty line though.

Our wedding will also be in my aunt's backyard, so we can certainly push it back if need be without too many problems.

Thanks again. Christina