Can I apply for K-1 while living abroad

[LK&M 0]

Hello,

I'm just starting research on filing a K-1 for my French fiancé. I'm an American citizen but have lived with him as a permanent resident of France for the past 6 years. We would like to move and live in the US and from my research, the K-1 is the best option (rather than marrying first in France).

I am still unclear on whether I am allowed to file the I-129F while living abroad. I understand I will need to send it to Texas, but will that effect my acceptance that I am currently living in France? I can of course put my family home as my US address, as that is the address I use for other things like my driver's license and US bank account. But will there be things sent to my US address that I will need immediately (i.e. not wait until it is forwarded to me in France). Also, I file my taxes as a foreign citizen abroad so the IRS has my "permanent" address as France.

At any point will I need to move back to the US before him and if so, at what point? I would obviously much prefer that we move together. I am also confused about the concept of a sponsor. Can I have my parents sponsor him as well so that I do not need to be in the US? Would that make it better (i.e. even more money to support him?)

1. Can I go through the whole K-1 process while living in France with him?

2. If not, do I need to move to the US before starting the process and if so when?
3. Who should/can be a sponsor in this process?

Thank you so much in advance for any help you can give or resources you can point me to.

[watdog 8]

Hi LK&M,

To answer a few of your questions as I just went through this with my fiance. First, it took us about 6 months. Would have been faster however, the jerusalem embassy took forever to schedule the appointment. Second, you do all the fiance visa stuff abroad.

1. You fill out the I-129F and include all documents. Please see the list of what to send. I sent all my information in a binder. Don't forget to include the letters of intent from both your fiance and you.

2. You will need to be in the US to marry, he can stay after that until he receives advanced parole in which case he could come back to france/usa.

Honestly, if he is a citizen of France then I would have him come visit and see if he enjoys it. I believe France is part of the Visa waiver. He won't be able to work or leave until he receives advanced parole/work permit. It's a combo card here. Anyway, after about 90 days in the US then marry. It's much easier, cheaper and faster then doing a fiance visa.

To answer the address question you have to put a US address down. I was filing taxes under Nevada even though I lived and worked out in Israel. All documents will be sent to that address. Again, I would look into coming and staying for 90 days and then getting married. If you plan to stay out in France for awhile then I think getting married and then filing for I think CR-1 would be a better option.

Edited May 6, 2014 by watdog

[Kittentard 0]

I think as long as you state you will be moving back. I'm living in England at the moment but i will be going back in August.

[LK&M 0]

Hi LK&M,

To answer a few of your questions as I just went through this with my fiance. First, it took us about 6 months. Would have been faster however, the jerusalem embassy took forever to schedule the appointment. Second, you do all the fiance visa stuff abroad.

1. You fill out the I-129F and include all documents. Please see the list of what to send. I sent all my information in a binder. Don't forget to include the letters of intent from both your fiance and you.

2. You will need to be in the US to marry, he can stay after that until he receives advanced parole in which case he could come back to france/usa.

Honestly, if he is a citizen of France then I would have him come visit and see if he enjoys it. I believe France is part of the Visa waiver. He won't be able to work or leave until he receives advanced parole/work permit. It's a combo card here. Anyway, after about 90 days in the US then marry. It's much easier, cheaper and faster then doing a fiance visa.

To answer the address question you have to put a US address down. I was filing taxes under Nevada even though I lived and worked out in Israel. All documents will be sent to that address. Again, I would look into coming and staying for 90 days and then getting married. If you plan to stay out in France for awhile then I think getting married and then filing for I think CR-1 would be a better option.

Thanks so much for this. He's been to the US a lot as a tourist and we are sure we want to live there I read on several other threads that it's not advisable to go on a tourist visa and then get married and apply for change of status. I'm not sure the reasoning exactly but as I saw it many times, I decided to scrap that option.

[watdog 8]

Yes, you are right. Technically if he comes just to get married then yes. That would be visa fraud. However, if he's planning to meet family and then you spontaneously decide to get married then it's alright. I believe my old-coworker just did this and they waited 3 months to marry. As she didn't want to leave.

Anyway it really depends on your situation. If you plan to stay in France then the CR-1 may be the best route. If you plan to move back to the states then either the K-1 or visa waiver is a better option. A note about the K-1 is that he can't leave until your married and he receives AP. Actually, either the K-1 or visa waiver he can't leave until AP is given about 3 months after filing however, it's more around 3.5 months as you need original birth certs/original marriage cert. Either will be about the same for you. Are you planning to return to the states after marriage? Or will you be leaving him in the states and returning to France?

[watdog 8]

Oops! Double posted.

Edited May 6, 2014 by watdog

[Stef & Andrew 9]

Don't take my word for it, but I have read that if you lived in the same country for at least six months as a resident, then you can marry and file through DCF which is quick as well. But don't take my word for it, you can search the site to be sure.

[watdog 8]

Don't take my word for it, but I have read that if you lived in the same country for at least six months as a resident, then you can marry and file through DCF which is quick as well. But don't take my word for it, you can search the site to be sure.

I'm not sure about this. My spouse lived with me in Israel, nothing was ever mentioned but maybe they don't offer DCF. It's worth looking into though. Doesn't this require them to be married in France and then file?

[Stef & Andrew 9]

I'm not sure about this. My spouse lived with me in Israel, nothing was ever mentioned but maybe they don't offer DCF. It's worth looking into though. Doesn't this require them to be married in France and then file?

Yes, only certain countries offer it. So they can see if France is one of them. It would require them to get married, but if it's offered it's another option and that way the beneficiary goes back with a green card instead of waiting like the K-1.

[Bjl73 12]

^{Just my two cents...I live in England. Filed for K1 from England. Used my UK address. Used my grandmother in the US as co-sponsor. Have NOA2 and waiting on medical so, so far so good. Nothing states you have to live in the US. The only thing you would need is a co-sponsor as you do not have US income most likely if you are living in France. But I do believe DCF is just as fast. Depends on where you want to get married. Good luck!}

Edited May 9, 2014 by Bjl73