K-1 Visa Petitioner Not In US

[JakeK 2]

I would like to apply for a K-1 visa for my fiancé. However, I'm currently living outside the US and won't be returning for 4 months. Can I start the K-1 process without currently living in America? If so, how do you recommend that I go about getting the paperwork, receipts, requests for further information, etc. sent to me outside of the US. Thank you.

-Jake

[Lainie B 465]

Where are you living? Does the country have a USCIS field office?

[JakeK 2]

I'm in Thailand. I'm not sure.

edit: Turns out yes, there is one. Does this mean I can mail everything to the Thailand USCIS instead of mailing everything to Dallas?

Edited March 25, 2014 by JakeK

[Girl from Celebes 588]

I'm in Thailand. I'm not sure.

edit: Turns out yes, there is one. Does this mean I can mail everything to the Thailand USCIS instead of mailing everything to Dallas?

I don't think you can do a direct filing for K-1 petition. You have to send all the papers to Dallas Lockbox. Someone can stand to corrected me if I am wrong.

[Lainie B 465]

Bangkok has a USCIS field office. You could get married now then do DCF.

But if your plan is to marry in the US then yes your only option is via the Dallas lockbox. You just put your overseas address on the forms.

[Lainie B 465]

I'm in Thailand. I'm not sure.

edit: Turns out yes, there is one. Does this mean I can mail everything to the Thailand USCIS instead of mailing everything to Dallas?

You can only do DCF for spouse visas, not fiance visas. So you would need to marry first, then file I-130.

[sammamishexpat 2]

My Spanish fiancée and I completed all of our K1 paperwork while living abroad in Germany. We used my mom's address in the States as the mailing address (it's fine to have different mailing and residence addresses).

We compiled everything into a packet in Germany and sent it to a friend in the U.S. who the wrote the check from her U.S. bank account and sent it USPS priority mail to the Dallas lockbox. We chose her instead of Mom because she is very detail-oriented and organized....good characteristics if you want another set of eyes to review your packet before sending

It went through the processes without a hitch and my mom received all of the notification letters on our behalf as things made their way from Texas to California to the NVC and now Madrid.

Good luck!

[JakeK 2]

That's great news. I'll likely do something similar. Thanks all for the help!

My Spanish fiancée and I completed all of our K1 paperwork while living abroad in Germany. We used my mom's address in the States as the mailing address (it's fine to have different mailing and residence addresses).

We compiled everything into a packet in Germany and sent it to a friend in the U.S. who the wrote the check from her U.S. bank account and sent it USPS priority mail to the Dallas lockbox. We chose her instead of Mom because she is very detail-oriented and organized....good characteristics if you want another set of eyes to review your packet before sending

It went through the processes without a hitch and my mom received all of the notification letters on our behalf as things made their way from Texas to California to the NVC and now Madrid.

Good luck!

[JakeK 2]

This is the first time I've heard of DCF. What's the advantage of doing it this way? We're doing K-1 because I read that it's the fastest way for her to be able to work when she gets to America.

Bangkok has a USCIS field office. You could get married now then do DCF.

But if your plan is to marry in the US then yes your only option is via the Dallas lockbox. You just put your overseas address on the forms.

[Lainie B 465]

This is the first time I've heard of DCF. What's the advantage of doing it this way? We're doing K-1 because I read that it's the fastest way for her to be able to work when she gets to America.

Actually it's the slowest way to have her able to work when she gets to the US. Once she arrives on a K-1 then you get married within 90 days, then she will have to apply for AOS (the green card) and the EAD/AP. The EAD will arrive within 60-90 days of applying .She will only be able to work once she has the EAD. The AP will allow her to travel outside the US and is printed on the EAD. The green card itself can take up to a year after applying. Once she has that she won't need the EAD and AP.

If you get married first and apply for a CR-1 (spousal visa) then she is a green card holder as soon as she enters the US. CR-1s are generally slower to process than K-1s but have the very strong advantage of the immigrant being able to work as soon as he or she enters the US.

DCF is a much, much faster option than filing the I-130 (for the CR-1) in the US but you (the US citizen) must be on a work visa or equivalent in that country, not just on a visitor or tourist visa.

There is a forum and a guide for DCF if you want to find out more.

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

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[*HappyInlove* 6]

When my husband petitioned me and started the process, he was in the Army and was stationed in South Korea. He hired a lawyer and was able to process our I-129F and I-130 while in Korea. He used his parents address here in the US for all our documents. But just to make sure ask the USCIS or US embassy there in Thailand...

[JakeK 2]

Actually it's the slowest way to have her able to work when she gets to the US. Once she arrives on a K-1 then you get married within 90 days, then she will have to apply for AOS (the green card) and the EAD/AP. The EAD will arrive within 60-90 days of applying .She will only be able to work once she has the EAD. The AP will allow her to travel outside the US and is printed on the EAD. The green card itself can take up to a year after applying. Once she has that she won't need the EAD and AP.

If you get married first and apply for a CR-1 (spousal visa) then she is a green card holder as soon as she enters the US. CR-1s are generally slower to process than K-1s but have the very strong advantage of the immigrant being able to work as soon as he or she enters the US.

DCF is a much, much faster option than filing the I-130 (for the CR-1) in the US but you (the US citizen) must be on a work visa or equivalent in that country, not just on a visitor or tourist visa.

There is a forum and a guide for DCF if you want to find out more.

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

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

I've researched the DCF and I don't think I'll be able to do it because while I was a legal resident for 4 years, my last company screwed up my work permit and I've been on a tourist visa for the last few months. So, from my understanding I have to have been a legal resident for 6 months at the time of the marriage, right? I would love to be wrong here because the DCF method would be some much easier.

Also, I was unaware the EAD took that long. I guess we'll get married right asap once we arrive and start that process immediately. Thanks for the heads up.

[JakeK 2]

When my husband petitioned me and started the process, he was in the Army and was stationed in South Korea. He hired a lawyer and was able to process our I-129F and I-130 while in Korea. He used his parents address here in the US for all our documents. But just to make sure ask the USCIS or US embassy there in Thailand...

That's great! I really wish I could afford a lawyer to help with mine, but it's already so expensive!

[Desiree86 0]

Hi!

I am a US citizen currently living in New Zealand. I just recently completed my I-129F while over here (with my fiancee), sent in my paperwork from New Zealand to the Texas Lock Box and everything went fine!

Documents sent on 3/17/14

NOA1- 3/26/14

Only thing we had to do differently was order a US bank bonded check from our local bank and had to pay heaps to send the completed packet first class mail (close to $100) from NZ. Instead of receipts, we screen printed facebook posts with clearly stated dates and times. We didnt really encounter any problems, but our situation is different because we do live here together. I hope this helps.... happy to answer any questions!!

[Bjl73 12]

I live in the UK with my partner. We filed from the UK. Sent it to the Dallas lock box. So far so good. It was received and we are waiting on our NOA2.

My only concern, and I wondered if anyone has an answer to this, is the whole co-sponsor thing. Since I also live and work outside the US does that mean I cannot sponsor my fiance? I would need a co-sponsor, right? I'm having trouble with that part as my only living parent doesn't meet income requirements and my grandmother, who does meet the requirements, however she is retired...does that matter?