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US dual nationality citizen living abroad

By seite-b in K-1 Fiance(e) Visa Process & Procedures

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seite-b Newbie

seite-b   0

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

Hi,

I was born in Europe but also hold a US passport as my father is American. I have never lived in the US but am planning to move there with my British fiance. Is it possible to apply for a K1 visa for him from outside the US? Do I have to live in the US to do this?

Any help would be great.

Thanks!

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It is better to marry and file a spousal visa. A K-1 visa requires that you marry within 90 days of entry to the US, and then requires that the immigrant apply for Adjustment of Status, which costs $1070, so that the immigrant can become a legal permanent resident. While that application is processing, the immigrant cannot work or travel internationally. The K-1 is not a permanent residency visa for people who are engaged. Is that what you are looking to do?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Peter_Pan Proficient

Peter_Pan   661

Posted
Filed: AOS (pnd) Country: Romania
 Timeline
Posted

Hi,

I was born in Europe but also hold a US passport as my father is American. I have never lived in the US but am planning to move there with my British fiance. Is it possible to apply for a K1 visa for him from outside the US? Do I have to live in the US to do this?

Any help would be great.

Thanks!

I think you are supposed to show that you have residency/an income to support him in the US.


USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

R&RM Explorer

R&RM   11

Posted
Filed: K-1 Visa Country: Kenya
 Timeline
Posted

I think you are supposed to show that you have residency/an income to support him in the US.

To add further to this question, suppose the petitioner has residency in the US but is unemployed, will it do to just have a co-sponsor who can vouch for us? My fiance is going to be relocating literally just prior to my interview, do we have a shot at getting the visa approved with a co-sponsor in the event that he is not immediately employed? I know it's best if he has job and there's every chance he will but just wondering what the odds are if one has residency but not income yet has a co-sponsor.

jin5xmldq.png

09/23/2010- Met online

12/23/2010- Met in person in Kenya

02/01/2011- Visited him in China

02/14/2011- He proposed while I was in China

07/09/2011- Moved to China to be with him

12/19/2011- Went to US to meet his family

01/08/2012- Went back to China with him

02/29/2012- Went back to Kenya to await fiancee visa :-(

02/07/2012: I-129F Sent

02/10/2012: USCIS received I-129F

02/10/2012: NOA1 date

02/15/2012: Touched

02/22/2012: NOA1 received in mail

05/05/2012: Broke up :(

Based on timeline data, your I129f may be adjudicated between July 6, 2012 and July 9, 2012*.

"Where there is faith

There is a voice calling, keep walking

You’re not alone in this world

Where there is faith

There is a peace like a child sleeping

Hope everlasting in He who is able...

It is a wonderful, powerful place

Where there is faith" 4Him

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

To add further to this question, suppose the petitioner has residency in the US but is unemployed, will it do to just have a co-sponsor who can vouch for us? My fiance is going to be relocating literally just prior to my interview, do we have a shot at getting the visa approved with a co-sponsor in the event that he is not immediately employed? I know it's best if he has job and there's every chance he will but just wondering what the odds are if one has residency but not income yet has a co-sponsor.

That is country specific you need to ask in your regional forum.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

seite-b Newbie

seite-b   0

Posted
Filed: Other Country: United Kingdom
 Timeline
  • Author
Posted

It is better to marry and file a spousal visa. A K-1 visa requires that you marry within 90 days of entry to the US, and then requires that the immigrant apply for Adjustment of Status, which costs $1070, so that the immigrant can become a legal permanent resident. While that application is processing, the immigrant cannot work or travel internationally. The K-1 is not a permanent residency visa for people who are engaged. Is that what you are looking to do?

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

LeftCoastLady Proficient

LeftCoastLady   441

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

The K-3 isn't an option any longer. You would file a petition for the CR-1/IR-1: http://www.visajourney.com/content/i130guide1

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

If you want to get a spousal visa, you can file directly with the embassy in London and go super fast... like weeks. You can't do that with a K-1. You will need a co-sponsor in the US, or assets.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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