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ClaireN

1-134, fiance sponsor living abroad, q 2

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Filed: K-1 Visa Country: New Zealand
Timeline

Hi there,

I haven't been able to find a specific answer on this yet.

My fiance (sponsor) is a US citizen living with me in New Zealand. He's currently filling out the I-134 affidavit in support, in preparation for me to send information to the Auckand consulate before the K1 visa interview.

Question 2 on the form asks for his age and how long he has resided in the USA. But he's been living here in New Zealand for the last 6 years.

Anyone know how best to answer this question?

The form assumes he lives in the USA and we live apart. But, it's totally fine to apply for the K1 with us both living together outside of the US, right?

Many thanks

Claire

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Hi there,

I haven't been able to find a specific answer on this yet.

My fiance (sponsor) is a US citizen living with me in New Zealand. He's currently filling out the I-134 affidavit in support, in preparation for me to send information to the Auckand consulate before the K1 visa interview.

Question 2 on the form asks for his age and how long he has resided in the USA. But he's been living here in New Zealand for the last 6 years.

Anyone know how best to answer this question?

The form assumes he lives in the USA and we live apart. But, it's totally fine to apply for the K1 with us both living together outside of the US, right?

Many thanks

Claire

It's because your sponsor must be resident in the USA. See "Domicile": http://travel.state.gov/visa/immigrants/info/info_3183.html If your sponsor is abroad, they allow a co-sponsor to let you meet the financial requirements (which is where the domicile part takes effect). If your fiance wants to be your financial sponsor, he'll need to show he meets domicile requirements in the USA (details of how noted in same URL).

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: Citizen (apr) Country: Ireland
Timeline

Yes, he can petition you for a fiance visa. However....

Your fiance can only financially sponsor you if he either has assets enough to do so, OR has a US based co-sponsor- his NZ income will not count.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: New Zealand
Timeline

Yes, he can petition you for a fiance visa. However....

Your fiance can only financially sponsor you if he either has assets enough to do so, OR has a US based co-sponsor- his NZ income will not count.

Thanks :-)

He definitely has enough assets. Also, just to complicate matters (!), he recently got a US job (so has a US income, paid into a US bank account). He partly works from home in NZ, as well as periodic trips to the States to work in their office.

So any idea what I should put down as the answer to q 2: how long has he resided in the USA, given he currently resides abroad?

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Filed: Citizen (apr) Country: Mexico
Timeline

The number of years he resided there before moving to NZ 6 years ago.

Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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