Both of us are abroad... Advice please

[bigdog 376]

Its hard work to heard cats.

[pushbrk 12,569]

My (then) financee and I filed for the I-129F when we were both living in the Czech Republic. My fiancee (the US citizen) did not have any income in the US. We used a sponsor in the US (only requirement being the 125% of the poverty line). We had no problems with the process and I am currently waiting for my AOS.

Hope this helps.

Bob.

It doesn't. Manila is not located in the Czech Republic. They have their own ideas about cosponsors for K1 visas.

Its hard work to heard cats.

Ayup.

[Tyeger87 10]

Hi, im so glad i found this forum... I was planning to file my K1 for my fiancee but was given contradictory information from friends...

First, I am a US citizen and studied abroad in the Philippines and have been with my fiancee since our Junior year in college. Will I be able to file the K1 visa while I am residing here in the Philippines? Will the US embassy entertain my request or do I have to physically be in the US to file this? Worst case scenario, I get an RFE.... Will the US embassy send the package back here to the Philippipines?

Please do advise, Id like to do this right the first time. tHanks so much

I was abroad as a student when we filed - we used my parents address in the states and did not do direct consular filing since I was not a legal resident. Each country has different rules re. resident requirements but you can file from abroad.

[L+T 71]

Absolutely incorrect. Actually, she can leave and re-enter as soon as she has either Advance Parole or the two-year green card. Timing is about three months after marriage and AOS filing is accomplished (for AP) and around 4 months for green card. Not sure where this myth of no international travel for such a long time comes from but it's WRONG WRONG WRONG.

http://www.uscis.gov/files/form/i-131instr.pdf

So you are saying 4 months to 2 years... OK, alien enters USA, 0-3 months to marry and enother 4 months after that. so then in this best case 4-7 months to 2 years.... not so far off my estimate... and as well was just making them know there is a time, you can't just swing in and out as the OP may have been planning. ie, suggesting they may want to look in to it!!! geez

[L+T 71]

http://www.uscis.gov.../i-131instr.pdf

So you are saying 4 months to 2 years... OK, alien enters USA, 0-3 months to marry and enother 4 months after that. so then in this best case 4-7 months to 2 years.... not so far off my estimate... and as well was just making them know there is a time, you can't just swing in and out as the OP may have been planning. ie, suggesting they may want to look in to it!!! geez

O wait, you said 3 months after marrige and another 4 months after that... then 0-3 to get married... so isn't this now up to 7-10 months to 2 years you are saying. And i estimated 1-2 years. WRONG WRONG WRONG, guess i wasn't even close!!! what was he thinking...

[Stephen + Elisha 92]

No, Thomas, you're not getting it at all.

You enter, you get married, you file for AOS. You have 90 days to marry upon entry on the K-1, but there's nothing to stop you from doing it sooner. As soon as you marry, you can file for AOS. You file for AP concurrently with AOS. AP typically takes 2-3 months, GC 3-4 months. So, even assuming you take the whole 90 days from entry to marry and file for AOS, you're still looking at a maximum of 5-6 months where you can't leave the country. That's a far cry from your "1-2 years" nonsense.

[L+T 71]

No, Thomas, you're not getting it at all.

You enter, you get married, you file for AOS. You have 90 days to marry upon entry on the K-1, but there's nothing to stop you from doing it sooner. As soon as you marry, you can file for AOS. You file for AP concurrently with AOS. AP typically takes 2-3 months, GC 3-4 months. So, even assuming you take the whole 90 days from entry to marry and file for AOS, you're still looking at a maximum of 5-6 months where you can't leave the country. That's a far cry from your "1-2 years" nonsense.

Thank you for the kind reply. As you may have seen my original post, it stated "or something like that"... not claiming to be an expert. Just wanted to let OP know there is time constraint. and it is many many months wiothout knowing when exact day papers could arrive. So perhaps he would now not wait a full 90 days, and then 30 days after marriage to file, this could be done in 2 days instead, shaving off 4 months, from what could otherwise be unknown 6-7 months and counting (or perhaps thinking visa is good for multiple entry). And yes, the 2 year estimate was thereafter for perminant green card without conditions. (ie, no need to ask permission in advance like AP). And as i also warned AP is for extreme circumstances during this long waiting period of "ok then" 3-6 months lets say. So don't plan on jumping on a plane right back... as they both live there now, was just warning to look into it. Don't mind being corrected or if someone adds more facts or refines numbers. but no need to be so rude about it when the entire concept fairly true... F1 visa is one-time entry.

[Stephen + Elisha 92]

I understand that you're trying to help, Thomas, but you're very confused. The fact that it takes 2 years to get a 10-year green card without conditions is irrelevant. You can travel freely upon receiving the 2-year conditional green card, which is currently taking about 3-4 months from the time of AOS filing. Moreover, you can file for AP concurrently with the AOS filing, and the AP typically takes only 2-3 months from the time of filing. There is no need to demonstrate "extreme circumstances" to obtain AP; having a pending/concurrently filed AOS application is all that's necessary.

And finally... we're talking about K-1 visas here, not F-1. Different animal entirely.

[pushbrk 12,569]

Thank you for the kind reply. As you may have seen my original post, it stated "or something like that"... not claiming to be an expert. Just wanted to let OP know there is time constraint. and it is many many months wiothout knowing when exact day papers could arrive. So perhaps he would now not wait a full 90 days, and then 30 days after marriage to file, this could be done in 2 days instead, shaving off 4 months, from what could otherwise be unknown 6-7 months and counting (or perhaps thinking visa is good for multiple entry). And yes, the 2 year estimate was thereafter for perminant green card without conditions. (ie, no need to ask permission in advance like AP). And as i also warned AP is for extreme circumstances during this long waiting period of "ok then" 3-6 months lets say. So don't plan on jumping on a plane right back... as they both live there now, was just warning to look into it. Don't mind being corrected or if someone adds more facts or refines numbers. but no need to be so rude about it when the entire concept fairly true... F1 visa is one-time entry.

Thomas,

We have enough people on here making it up as they go along, when they don't know what they're talking about. Please don't continue to be one of them.

F1 is multiple entry. K1 is single entry. Yes there will be a few months after K1 entry that the visa holder needs to stay in the USA and cannot work, but it is not 1-2 years and they do not have to wait for a ten-year card. Perpetuating myths doesn't help people any more than assuring people that how divorce papers work in your State is how they work in all states.

When you don't know, it's really better to hold off posting until somebody who really does know, provides the correct information. Read and learn. Eventually, you'll know enough to be more helpful. Arguing with people who DO know, hurts instead of helps. You were wrong. You were confusing facts. They have been clarified. Please learn from this instead of continuing the argument.

[GrayL 47]

Absolutely incorrect. Actually, she can leave and re-enter as soon as she has either Advance Parole or the two-year green card. Timing is about three months after marriage and AOS filing is accomplished (for AP) and around 4 months for green card. Not sure where this myth of no international travel for such a long time comes from but it's WRONG WRONG WRONG.

+1, agreed, not sure about the origins of this myth, but yes it's just that, a myth. I was worried about not being able to leave the US once I was here in the event of an emergency (family death etc.), but then once I got here was pleasantly surprised that this was not the case.

Once you're married even, if the non-US citizen NEEDED to leave the country, urgently, you CAN get an on the spot Advance Parole depending on where you are, but it costs more money.

The only key is you CANNOT leave without AP, unless you want to refile from scratch, but getting an AP is easy and can be done on the spot if needed.

Thanks :dance:

[pushbrk 12,569]

+1, agreed, not sure about the origins of this myth, but yes it's just that, a myth. I was worried about not being able to leave the US once I was here in the event of an emergency (family death etc.), but then once I got here was pleasantly surprised that this was not the case.

Once you're married even, if the non-US citizen NEEDED to leave the country, urgently, you CAN get an on the spot Advance Parole depending on where you are, but it costs more money.

The only key is you CANNOT leave without AP, unless you want to refile from scratch, but getting an AP is easy and can be done on the spot if needed.

Thanks :dance:

Some USCIS offices will issue emergency AP on the spot and some won't. It's not good to count on receiving it before 60 days or so after filing for it.