fiance visa general options

[mithcol 0]

Hi, I am a US citizen with some questions about how to bring my fiance to the US. The amount of information out there is overwhelming and nothing seems to be similar to our case. We met in college in London and have known each other for 5 years.

I have a US citizenship and a Azerbaijani citizenship, she is a Israeli and Russian citizen.

In order for us to obtain a DCF visa, do we have to do it in Azerbaijan? I have not lived there since I was very young but I do have a valid Azeri passport.

The other option we have is Latin America, we loved traveling there this summer and wouldn't mind waiting for our documents there, but is that even possible in our case and how long would it take? Can we get married there and apply for the visa from the US council in Guatemala for instance? Or apply for a fiance visa from there and then marry in the US?

Thanks for your help

Leo

[baron555 934]

You DCF in the country where she lives full time.

[Reds988 9]

You DCF from country where both parties reside,for a period of time to establish residence.You cant just pick and choose where you want to file from without having some tie to country.

You havent stated where you both live,just what countries you and her is from.So big question here where do you live now,is it London?

Edited August 29, 2013 by Reds988

[mithcol 0]

We dont really live anywhere now, we have been traveling Central America and now are visiting Israel

[lost_at_sea 995]

DCF doesn't sound like it will be an option for you, as you appear to be of no fixed abode.

Also, you are posting in the K1 section. DCF is not available for fianceé visas, only spousal (already married) visas.

Edited August 29, 2013 by lost_at_sea

[Pitaya 2,577]

~Moved from K-1 Process to Which Visa Do I Need Forum~

[Harpa Timsah 13,258]

You will have to interview in a place where your fiancee (or wife) can legally reside, not just a place she is travelling. So Russia, Israel, or if you get a long-term visa in another country, that place. You can't just be passing through.

[lost_at_sea 995]

Also, generally speaking, most countries that allow DCF (there aren't many, the UK is one of the few) expect you to be residing legally in their country for 6 months before you file the I-130.

So, if you were to do so in the UK, for example, you'd end up living in the UK for about a year before you were done (6 months residency, then file, 1 month I-130 approval, 3 - 5 months to get the CR-1 visa).

You should settle and then decide which route to take based on options are open to you in the place you live.

Edited August 30, 2013 by lost_at_sea

[mithcol 0]

ok, so if the DCF is not an option for us, what do you guys suggest we do in our situation? Apply for a fiance visa instead and get married when already in the states? This would mean we need to live in Israel for 9 months while waiting for the visa?

(btw, she currently has a student visa to go study in the US for one year to finish her degree)

Edited August 30, 2013 by mithcol

[Harpa Timsah 13,258]

Student visa? Why wasn't this mentioned before? Did she have a student visa before (only 1 year is a bit unusual, isn't it?) Just go to the US and figure out your options after you get there.

[mithcol 0]

Yes we used to study in London and then she came to the US on a tourist visa to visit my family, we decided to stay and finish her studies in the US so she went to Russia and got a student visa to come back and study in the US, its for five years not one (my mistake)

So your saying we have options to figure it out there even though she will be there on a student visa?

Edited August 30, 2013 by mithcol

[Harpa Timsah 13,258]

Yes.

Why didn't you mention this earlier? Isn't studying important to her? Why wasn't that a part of the equation from the start?

[slvrfx576 15]

Azerbaijan, US, Israel, Russia, London, Central America......all the makings of a great soap opera !

Mithcol....where do you want really to LIVE permanently ?

K1 and CR1 are visas leading to PERMANENT legal residency in the US. Are you going to settle down here ? If not, you are wasting your time and money with these thoughts. Once your fiancée/wife gets a green card it must be maintained through residency requirements. So you two can not go on bouncing around the world without going through the minefield of maintaining her green card.

Also don't forget that at some point in the process you will need to file an "affidavit of support" for her. You will need a US domicile and US income to support her. Failing that you will need a "co-sponsor".

[lost_at_sea 995]

Also don't forget that at some point in the process you will need to file an "affidavit of support" for her. You will need a US domicile and US income to support her. Failing that you will need a "co-sponsor".

Domicile (or intent to re-establish one) must be shown, finances or not. The primary sponsor (petitioner) must always have that.

[lost_at_sea 995]

Yes we used to study in London and then she came to the US on a tourist visa to visit my family, we decided to stay and finish her studies in the US so she went to Russia and got a student visa to come back and study in the US, its for five years not one (my mistake)

So your saying we have options to figure it out there even though she will be there on a student visa?

Yeah. your whole first post seems like a different story to this one, so it's a bit confusion about what your intentions are.

If she's now got 5 years in the US as a student on a student visa, then you've got 5 years to decide if you actually want to live in the US permanently (which it sounds like you're not particularly decided on), and if so, marry later on down the line.