confused

[eth 5]

Hello Everyone i was wondering if i can get some help

we both are currently living in Kuwait and we are filing for a K1 visa. My fiance will finish his work in about two month and we are planning to move to Ethiopia (my country) and wait there for the process.

now on the G-325 form is it OK if we put Ethiopia as present address or we just put Kuwait ?

o and one more question he will finish his job in Kuwait after two month will this affect the process ?

please help we are really confused

thank you

Edited September 22, 2012 by eth

[Anh map 2,098]

The US citizen needs to show US domicile or intent to establish US domicile.

The US citizen will have to meet the affidavit of support income requirement or secure a joint sponsor.

You should use the address where the interview will take place. From what you are saying, that will be Ethiopia.

[eth 5]

The US citizen needs to show US domicile or intent to establish US domicile.

The US citizen will have to meet the affidavit of support income requirement or secure a joint sponsor.

You should use the address where the interview will take place. From what you are saying, that will be Ethiopia.

thank you for your reply

i have one more question please, i want him to stay with me in ethiopia until the whole process finish is that ok? or does he have to go to the US he haven't been there for more than two years will that be a problem?

[Pitaya 2,577]

thank you for your reply

i have one more question please, i want him to stay with me in ethiopia until the whole process finish is that ok? or does he have to go to the US he haven't been there for more than two years will that be a problem?

Why not just get married and do a spousal visa?

[eth 5]

Why not just get married and do a spousal visa?

well he want a wedding and he wants it in the us with his family

[eth 5]

The US citizen needs to show US domicile or intent to establish US domicile.

The US citizen will have to meet the affidavit of support income requirement or secure a joint sponsor.

You should use the address where the interview will take place. From what you are saying, that will be Ethiopia.

i don't know the exact date when we are leaving from here what if i put an approximate date will they check anything to know when exactly i go to Ethiopia? and do i need a police paper or some kind of clearance from here (Kuwait) when i leave? i read something here and it says you need to have Police clearance certificate for the place you have stayed over 6 month

[JimVaPhuong 4,863]

i don't know the exact date when we are leaving from here what if i put an approximate date will they check anything to know when exactly i go to Ethiopia? and do i need a police paper or some kind of clearance from here (Kuwait) when i leave? i read something here and it says you need to have Police clearance certificate for the place you have stayed over 6 month

He can remain in Ethiopia until you get the visa. K1 petitions can only be submitted to USCIS in the United States, so even if he's living in Ethiopia he still needs to send his petition package to the United States. Many K1 petitioners have used foreign addresses as their current address on the petition, and they never got any subsequent correspondence from USCIS. I've never heard a concrete explanation for this, but it might be dependent on the reliability of the mail service in the country where the petitioner is residing. It might also have to do with the USCIS clerk's ability (or inability) to record a foreign address into the CLAIMS computer system. If they don't enter the address correctly then nothing will get mailed correctly. Your fiance can avoid this by using an address in the US, perhaps an address where a relative lives. They can forward any correspondence to him.

Anh Map is correct about the domicile requirement, but that mainly applies to the I-864 affidavit of support, which he won't be submitting until after you both travel to the US, get married, and file for your green card. The consulate will probably require an I-134 affidavit of support from him, but this doesn't have the same rules as the I-864. In fact, it doesn't have any rules at all. The consular officer uses the I-134 to screen the beneficiary to determine if they might become a public charge in the US, but without any hard rules they can use a lot of their own discretion. There are some things you can presume right from the start. The consular officer will want assurance that your fiance has income sufficient to sponsor you for a green card. He'll have to return to the US and establish domicile there before he can submit an I-864. In order for that I-864 to be sufficient he'll need a job with adequate income. Since your fiance isn't living and working in the United States then the consular officer can presume he can't meet the requirements to sponsor an immigrant, even if his prior income has been sufficient, because he's going to have to go back to the US and land a job first. The consular officer can insist he have a joint sponsor before they'll issue a visa. Some consulates won't accept a joint sponsor for a K1 visa (they aren't required to). I don't know if that's the case with the consulate in Ethiopia, but if so then it's unlikely you'll be able to get past the "public charge" requirement unless he returns to the US, settles in, and gets a job before you have your visa interview.

You will definitely need a police clearance from Kuwait. The available documents and the process for getting them in Kuwait are listed on the Department of State website here:

http://travel.state.gov/visa/fees/fees_5455.html?cid=9222

According to that page, you must be in Kuwait to get a police certificate. Police certificates are usually only valid for six months. If you obtain the police certificate before you leave then it will probably expire before your visa interview in Ethiopia. Most consulates keep a list of countries where it's either not possible to get a police certificate, or too difficult to obtain if you're outside the country. You might want to contact the US consulate in Ethiopia and ask them if Kuwait is on that list. If it's not then you might end up having to return to Kuwait shortly before your interview in order to obtain a police certificate.

[eth 5]

He can remain in Ethiopia until you get the visa. K1 petitions can only be submitted to USCIS in the United States, so even if he's living in Ethiopia he still needs to send his petition package to the United States. Many K1 petitioners have used foreign addresses as their current address on the petition, and they never got any subsequent correspondence from USCIS. I've never heard a concrete explanation for this, but it might be dependent on the reliability of the mail service in the country where the petitioner is residing. It might also have to do with the USCIS clerk's ability (or inability) to record a foreign address into the CLAIMS computer system. If they don't enter the address correctly then nothing will get mailed correctly. Your fiance can avoid this by using an address in the US, perhaps an address where a relative lives. They can forward any correspondence to him.

Anh Map is correct about the domicile requirement, but that mainly applies to the I-864 affidavit of support, which he won't be submitting until after you both travel to the US, get married, and file for your green card. The consulate will probably require an I-134 affidavit of support from him, but this doesn't have the same rules as the I-864. In fact, it doesn't have any rules at all. The consular officer uses the I-134 to screen the beneficiary to determine if they might become a public charge in the US, but without any hard rules they can use a lot of their own discretion. There are some things you can presume right from the start. The consular officer will want assurance that your fiance has income sufficient to sponsor you for a green card. He'll have to return to the US and establish domicile there before he can submit an I-864. In order for that I-864 to be sufficient he'll need a job with adequate income. Since your fiance isn't living and working in the United States then the consular officer can presume he can't meet the requirements to sponsor an immigrant, even if his prior income has been sufficient, because he's going to have to go back to the US and land a job first. The consular officer can insist he have a joint sponsor before they'll issue a visa. Some consulates won't accept a joint sponsor for a K1 visa (they aren't required to). I don't know if that's the case with the consulate in Ethiopia, but if so then it's unlikely you'll be able to get past the "public charge" requirement unless he returns to the US, settles in, and gets a job before you have your visa interview.

You will definitely need a police clearance from Kuwait. The available documents and the process for getting them in Kuwait are listed on the Department of State website here:

http://travel.state....5.html?cid=9222

According to that page, you must be in Kuwait to get a police certificate. Police certificates are usually only valid for six months. If you obtain the police certificate before you leave then it will probably expire before your visa interview in Ethiopia. Most consulates keep a list of countries where it's either not possible to get a police certificate, or too difficult to obtain if you're outside the country. You might want to contact the US consulate in Ethiopia and ask them if Kuwait is on that list. If it's not then you might end up having to return to Kuwait shortly before your interview in order to obtain a police certificate.

thank you for the information