Filing for K-1 Abroad

[Full Circle 0]

Hi All,

I have been looking over the forum for the past few weeks regarding information about the K-1 visa process and thank you for all of the passive help you have already given us.

Our current situation is that my Venezuelan fiancee and I have been living together in Spain for the past two years. We have decided to move to the states next year and feel the best way for her to enter properly is via the K-1 visa process (we have read about other options, but feel this is the most correct way for her to enter the states).

My current doubt is that as I am living abroad with my fiancee, is it possible to file the K-1 from Spain? I assume so, but i'm not sure if I will need to put a US address (as i have read on a different post)? Also, I assume I will need a "sponser" when demonstrating my ability to support her, as currently I am not working in the states. This is possible, but i'm not sure if it will be required?

Is there anyone out there that has gone through a similar process? Any advice, words of encouragement or information would be greatly appreciated. Honestly, I am not worried about her being able to move there, i'm more worried about the US government complicating the process and want to ensure everything goes smoothly. I would hate for her first experience with the US bureaucratic process to be a negative one (although it couldn't be worse than Spain )

Thanks in advance for any help

Full Circle

[Thomas&Cleofe 358]

The US government won't complicate the process for your case. The requirements to apply for a k-1 visa are the same for everybody.

You will probably need a co-sponsor as you have no proof of US financial support for your intended immigrant.

And also, as a petitioner you will be required to prove a US domicile for your intended immigrant.

[bigdog 376]

Second this, you need an income in US and a domicile. Take some time and sort this out to best suit your needs..

[Qianny Poo 0]

We are similar to your case, we been living in the Netherlands together since 2011 and we are filing our K-1 aboard, however we sent the package to his mom in the US and she forwarded it to USCIS. the contact address is his mom's address.

Another difference is that although he works here but he is getting paid by his US company not the Dutch company.

[Krikit 1,165]

Our current situation is that my Venezuelan fiancee and I have been living together in Spain for the past two years. We have decided to move to the states next year and feel the best way for her to enter properly is via the K-1 visa process (we have read about other options, but feel this is the most correct way for her to enter the states).

Correct as in "legal" or correct as in "suits your personal circumstances"? The reason I am asking is because the CR-1 visa has many more advantages to it than a K-1.

[Full Circle 0]

Thank you all for your replies!

@Krikit - I would say "Correct" as in suits our circumstances, and for a bit of legality. We thought about simply getting married abroad and applying for the CR-1 however, the marriage process here in Spain would take several months, and then the CR-1 would take another several months. As we plan to move around May next year, we feel it would be too rushed. The other option of just going and getting married there, which for us isn't really an option as we see it as risky and she would have to wait for several months before she could begin to work/study. Fiancee visa is benefical for those reasons.

So I would use a US relative's address as both my own and as the address where we plan to live?

Regarding a co-sponser, what would be required from this person? Copies of their W-2s? Letter of Intent? Usually what is asked from the co-sponser to prove capability of support? Just want to have a clear idea in order to explain to this person(s) what will be required and in order to properly prepare and present.

Again many thanks for all of your help.

[Thomas&Cleofe 358]

Thank you all for your replies!

@Krikit - I would say "Correct" as in suits our circumstances, and for a bit of legality. We thought about simply getting married abroad and applying for the CR-1 however, the marriage process here in Spain would take several months, and then the CR-1 would take another several months. As we plan to move around May next year, we feel it would be too rushed. The other option of just going and getting married there, which for us isn't really an option as we see it as risky and she would have to wait for several months before she could begin to work/study. Fiancee visa is benefical for those reasons.

So I would use a US relative's address as both my own and as the address where we plan to live?

Regarding a co-sponser, what would be required from this person? Copies of their W-2s? Letter of Intent? Usually what is asked from the co-sponser to prove capability of support? Just want to have a clear idea in order to explain to this person(s) what will be required and in order to properly prepare and present.

Again many thanks for all of your help.

http://www.visajourney.com/content/k1guide

[Full Circle 0]

http://www.visajourney.com/content/k1guide

As previously mentioned I have done some investigation on this website and others in order to understand the requirements for this visa. However the questions that I asked above are not addressed in the checklist that you linked. Basic things such as "What is a K-1 visa?" I pretty much got under wraps, more specific details such as the requirements that my co-sponser would have to provide to prove ability to support my fiancee are not addressed there.

The list is quite useful and I will certainly use it as a reference when sending the i-129f. Thank you

The two questions that I still have are:

1. Do I put my foriegn address for Part A - 2 and my relative's US address for Part B - 14 in the i-129f? Or must I put my relative's address for both? Or does it matter? I think it would be good to be as honest as possible to avoid any unforeseen complications.

2. What is required of a co-sponser to prove ability to support my fiancee? I understand this co-sponser would have to present willingness and finacial stability in order to demonstrate the capability of having an additional "dependent". These documents would have to be presented during the interview I believe. In order to properly prepare and explain to my relative what will be required, I would like to know what the requirements are.

Edited August 27, 2012 by Full Circle

[Anh map 2,098]

Thank you all for your replies!

@Krikit - I would say "Correct" as in suits our circumstances, and for a bit of legality. We thought about simply getting married abroad and applying for the CR-1 however, the marriage process here in Spain would take several months, and then the CR-1 would take another several months. As we plan to move around May next year, we feel it would be too rushed. The other option of just going and getting married there, which for us isn't really an option as we see it as risky and she would have to wait for several months before she could begin to work/study. Fiancee visa is benefical for those reasons.

So I would use a US relative's address as both my own and as the address where we plan to live?

Regarding a co-sponser, what would be required from this person? Copies of their W-2s? Letter of Intent? Usually what is asked from the co-sponser to prove capability of support? Just want to have a clear idea in order to explain to this person(s) what will be required and in order to properly prepare and present.

Again many thanks for all of your help.

I got a bit confused by your response above to Krikit. Are you looking for her to be able to work right away and enroll in college? She won't be able to work immediately or attend anything other than a community college upon entry with a K1. That's likely a few months after the marriage in the US.

You and a joint sponsor would both submit an I-134 and all supporting documents. Typically that is proof of current and continuing income that meets the I-864P income requirements for the household size plus the intending immigrant. Also at a minimum the most recent year's tax return is required.

You as petitioner need to prove a US domicile (see the I-864 FAQ link in my signature below, it has info about domicile).

[Full Circle 0]

I got a bit confused by your response above to Krikit. Are you looking for her to be able to work right away and enroll in college? She won't be able to work immediately or attend anything other than a community college upon entry with a K1. That's likely a few months after the marriage in the US.

You and a joint sponsor would both submit an I-134 and all supporting documents. Typically that is proof of current and continuing income that meets the I-864P income requirements for the household size plus the intending immigrant. Also at a minimum the most recent year's tax return is required.

You as petitioner need to prove a US domicile (see the I-864 FAQ link in my signature below, it has info about domicile).

Thank you Anh Map!! Great information!

Well I believe she can apply for a work permit, but would have to reapply once we get married. Quite frankly her focus will be to improve her english when we move, work will come later. For this reason we have found that many community colleges provide very cheap english courses to certain eligble immigrants, the K-1 applies to these courses, so the idea is for her to be able to at least enroll in a community college when we make the move.

Yes those two points are really my primary concern. I am certain that I have a relative that could sponser, but as I don't have any US income and file my taxes abroad, they will certainly see that my i2555 amendment to my taxes conflicts with my address. And so, I have a feeling I am going to have some significant problems here. My offical tax "domicile" is in Spain, not the US. Looks like i-129f is not going to be possible....

Great information, unfortunately you just scared the ####### out of me Plan flawed. HELP!!!

[Harpa Timsah 13,258]

The proof of domicile linked above is for the I-864, which is not a form you need for a K-1 visa.

I don't think that a K-1 from abroad works the same as a CR-1 from abroad, but for the latter, you can show intent to reestablish domicile.

I wouldn't freak out just yet.

[chaine1 116]

Hi Full Circle,

If you are worrying about timing and addresses, I strongly encourage you to read through this thread. As a US citizen residing abroad, it is likely your petition for a spouse would be expedited. I don't know about this possibility for a fiance visa.

Good Luck!

[Anh map 2,098]

The proof of domicile linked above is for the I-864, which is not a form you need for a K-1 visa.

I don't think that a K-1 from abroad works the same as a CR-1 from abroad, but for the latter, you can show intent to reestablish domicile.

I wouldn't freak out just yet.

The ability to demonstrate domicile is what is germane to the OP's situation. Hence my suggestion to get info from that link.

[Harpa Timsah 13,258]

The ability to demonstrate domicile is what is germane to the OP's situation. Hence my suggestion to get info from that link.

He can demonstrate intent to reestablish domicile; the link you gave only shows how to prove current domicile. He is not currently domiciled in the US, so that scared him unnecessarily. He can, and must, get a co-sponsor for the I-134.

Edited August 27, 2012 by Harpa Timsah

[Anh map 2,098]

Thank you Anh Map!! Great information!

Well I believe she can apply for a work permit, but would have to reapply once we get married. Quite frankly her focus will be to improve her english when we move, work will come later. For this reason we have found that many community colleges provide very cheap english courses to certain eligble immigrants, the K-1 applies to these courses, so the idea is for her to be able to at least enroll in a community college when we make the move.

Yes those two points are really my primary concern. I am certain that I have a relative that could sponser, but as I don't have any US income and file my taxes abroad, they will certainly see that my i2555 amendment to my taxes conflicts with my address. And so, I have a feeling I am going to have some significant problems here. My offical tax "domicile" is in Spain, not the US. Looks like i-129f is not going to be possible....

Great information, unfortunately you just scared the ####### out of me Plan flawed. HELP!!!

No work authorization is possible for a K1 visa holder. That loophole was closed a while ago.

Look at both private as well as public ESL programs. It can be quite frustrating for a student to be placed into an incorrect level. Do some checking with the local CC to make sure they do that. Some schools just lump students in to large groups. No one learns there.

Sounds like you found this, but just in case >> IRS publication 54 has info re: foreign income http://www.irs.gov/newsroom/article/0,,id=108276,00.html