Filing I-129 from outside US

[Mat and Robyn 0]

Just getting started on this process, have read quite a bit, but sorry for any naivety :-)

My friend who's done this, and one person on these forums, says the i-129 should be filed from the US. Is this definitely true? Could it be ok to file it from Canada?

My fiancee (US citizen) lives (with me, UK citizen) in Canada. She has a Canadian visa in her passport, which they'll see, plus stuff being sent to the US will slow the process down I guess (time is a definite factor as we'd like to marry this year). The form does have "country" on it for the US citizen address after all...

Any advice / experience welcome.

[Miew-Miew 9]

I don't know what you mean by filed from the US vs. from Canada..? Do you mean can you have a foreign address on the I-129 for the Petitioner

You can send the information FROM overseas, but it will be mailed to Texas and the process started there. You don't have to be in the States while this is happening, but you will be sending stuff to the States.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1872aca797e63110VgnVCM1000004718190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e)

If you live in the United States or abroad and are filing Form I-129F, then file your petition at:

In addition, they must provide a marriage certificate, evidencing the legal marriage between the citizen and the alien.

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS

P.O. Box 660151

Dallas, TX 75266

For Express mail and courier deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

Edited March 6, 2012 by Miew-Miew

[Krikit 1,164]

Yes, it's perfectly fine to mail the form from Canada. Or any other country for that matter. I am a bit confused, though. You do have to prove domicile, etc, in order to have it accepted. And since you're both living in Canada, and not the U.S., this is going to be problematic for you. A fiancé(e) visa isn't necessarily going to work for you unless she moves back to the US. Your best bet would be the CR-1.

Edited March 6, 2012 by Krikit

[jessicaruizw 9]

I had this question as well. I am filing from Chile with my fiancee. I know where to send the letters to, but I am not sure I should put my address as my stateside address because I don´t actually live there (fraudulent info). I have been living in Chile for 3 years now, and in out letter describing how we have seen each other, I intend to include that we live together. I also have my Chile address on my G-325a as my current address.

Krikit - I was under the impression that the cr-1 had to prove domicile or intention to reestablish, not the k-1? I just got confused

Thanks for any help!

[jessicaruizw 9]

PS - I also have a temp. residency visa in my passport and a quick scan of entry and exit stamps will make it obvious that my residence is here in chile. Also, i exempted my taxes based on the bona fide residence test, proving that i live abroad....what to do?

[Mat and Robyn 0]

Sorry for the confusion: I mean posted from Canada to the US, but also with with a Canadian address on the form for both of us. Once we have the visa, we intend to move to the US together, marry, and stay there.

So, my turn to be confused: :-)

@Miew-Miew says

You don't have to be in the States while this is happening

@Krikit says

You do have to prove domicile, etc, in order to have it accepted

So can we be granted a K-1 while both living overseas, with the intention to move to the US?

[Inky 1,110]

Canada is very hard on proof of domicile and you will have no proof unless the US citizen moves back to the USA and establishes themselves. They will stop the visa issuance until they have proof from the US citizen of the life establishment in the USA.

[beejay 123]

I thought proof of domicile issues were related to CR1/IR1 visas. I filed my K-1 while living overseas and moved back to the US with my fiance and then got married. We did need a co-sponsor for the I-134 as my foreign income did not count and I had been filing taxes every year but beyond that I didn't have anything to 'domicile' me in the US.

It can be helpful to move back before your fiance/fiancee but I'm not sure it's a requirement for the K-1. Is this Canada specific?

[Inky 1,110]

I thought proof of domicile issues were related to CR1/IR1 visas. I filed my K-1 while living overseas and moved back to the US with my fiance and then got married. We did need a co-sponsor for the I-134 as my foreign income did not count and I had been filing taxes every year but beyond that I didn't have anything to 'domicile' me in the US.

It can be helpful to move back before your fiance/fiancee but I'm not sure it's a requirement for the K-1. Is this Canada specific?

Yes.

[beejay 123]

Yes.

Thanks for the clarification inky. So why would it be easier, as Krikit suggested, to file for the CR-1 as opposed to K-1 while they are in Canada? Would the petitioner be able to stay in Canada and move back with their spouse or will they have to move back to the US prior to the issuance of the visa no matter what?

[cadyinhaiti 21]

I (US citizen) am currently living and teaching in Haiti (where my fiance is from). I used my mother's address on the I-129f and wrote in my letter of intent that I am a US resident, but I have been living and working in Haiti for the past 5 years. We got NOA2 almost 2 weeks ago with no problems.

Haiti is not known for a great mail system, so I automatically used my mother's address...don't know if you can use a foreign address?

[Inky 1,110]

Thanks for the clarification inky. So why would it be easier, as Krikit suggested, to file for the CR-1 as opposed to K-1 while they are in Canada? Would the petitioner be able to stay in Canada and move back with their spouse or will they have to move back to the US prior to the issuance of the visa no matter what?

They can stay in Canada till before the interview then have to move back no matter what to prove US domicile.

[Mat and Robyn 0]

...I used my mother's address on the I-129f...

That's exactly what we were thinking of doing, but the visas and stamps in my fiancee's (US citizen) passport will make it clear she's in Canada. That might not be a problem, but I wanted to be sure. I still do in fact :-)

[Mat and Robyn 0]

By the way - A CR-1 won't help us as I understand it - we want to marry late this year in the US (elderly relatives there who can't travel etc.), then stay there (my fiancee's Canadian Visa runs out before the end of the year), with the alien (me) starting work as soon as possible (so we can eat :-)

CR-1 would require getting married now, in Canada, in order to enter the US by the start of next year.

[Inky 1,110]

By the way - A CR-1 won't help us as I understand it - we want to marry late this year in the US (elderly relatives there who can't travel etc.), then stay there (my fiancee's Canadian Visa runs out before the end of the year), with the alien (me) starting work as soon as possible (so we can eat :-)

CR-1 would require getting married now, in Canada, in order to enter the US by the start of next year.

The CR-1 gives you ability to work in the USA on entry. The K-1 you have to AOS and that takes about 4 months to get an EAD.

You are not required to marry in Canada. You can travel to the USA get married and go back to Canada and file the CR-1 petition.