Filed Fiance Visa, thinking of moving abroad and filing Spouse - Need advice

[CF41051 3]

Hello,

I am trying to figure out what to do next and I really need some advice. Here's a quick overview of my situation:

Me: US citizen (American origin, not Indian)

Fiance: Indian Citizen

Filed Spouse Visa and was accepted on May 7, 2014

We are both the same age, etc. so it's a real relationship.

Now comes the fun part. I have been giving some thought lately to moving to India for 1-3 years and just marrying my fiance in India. It would probably take approximately 1 year for me to get my India PIO card and get a job so for the first year we would just be living off my savings (not a problem, we could live a few more years without any issues) and enjoying life. I would either move back to the US with my spouse after a year or get a job in India for 1-2 years so I could get international experience then move back.

My issue is what would the process be once we decided to move to the US?

1) Would it be an issue that I already filed the Spouse visa? I assume I could just cancel this but I wanted to make sure it would not be a problem when I filed for CR1.

2) How long would it take to get the CR1 or IR1? I would probably be able to direct file so I was hoping that would go much faster.

3) I would not have a job when we decided to move back to the US. Would I be able to have a parent provide the affidative of support? I would probably have 5x the poverty level in assets as well.

4) How would I be able to satisfy the domicile requirement? I would not have a job until after I arrived in the US and I would not move to the US without my spouse.

The #4 point above is probably my biggest concern at this point.

I really appreciate any help that I can get as this is a very difficult decision.

Thank you!

[KayDeeCee 4,893]

Your post is really confusing. Your title says you filed a petition for a K-1. In your post you state your spouse is from India. Then you mention going to India to marry your fiance, and that you had already filed for a spousal visa.

Are you married yet? What exactly was filed and by whom? If you filed an I-129F petition, then just write a letter to withdraw it. Then you can marry and file the I-130 when ready to do so.

For domicile, show documentation that you have maintained residency in the US and that you are re-establishing residency when you are planning on moving back there. Here is a post with ideas on what documents to use > http://www.visajourney.com/forums/topic/463951-proving-intent-to-re-establish-domicile-without-a-residence/?p=6628644

[bendinlar 16]

Did you file a fiance visa or spouse? Need clarification on that.

When you are ready to file the spousal visa, that's going to be the time you will know about how long its going to be. Can't predict what the timeframe is going to be like that far out. But yeah, if DCF is available, it will be much faster.

Domicile is relatively straightforward. You have family in the us to help then yeah, they can co sponser. The using assets would work too. You don't have to give up all your ties in the us, keep a car, let a trusted friend use it or family member. Keep an active bank account have mail delivered to family or a friend. Do a little research here on what others have done, or just wait for someone to chime in. Even if you do decide to cut all ties, you just need to prove intent to reestablish domicile, easy to use the internet to lease a place, or just make a quick trip to get a job lined up and get things ready.

Best wishes.

[CF41051 3]

Sorry for any confusion. Currently, we are just engaged so that is why I filed the k1 fiance visa. However, I am considering another option, which is to move to India and live there for 1-3 years. If I go that option, we would just get married in India.

I just wanted to check and see if there would be any complications if I ended up moving to India, getting married, then decide to move back to the US with my then spouse (assuming I moved to India).

So it sounds like the domicile will not be much of an issue. That was my biggest concern.

From what I've been reading it sounds like if i direct file from India I could get the spouse visa approved in about 30 days, does that sound right?

Thanks again

[Penguin_ie 5,993]

30 days would unusually fast even for DCF but yes, it would be significantly faster than the usual year it takes if the petitioner lives in the USA.

[Kat&Abhi 42]

Sorry for any confusion. Currently, we are just engaged so that is why I filed the k1 fiance visa. However, I am considering another option, which is to move to India and live there for 1-3 years. If I go that option, we would just get married in India.

I just wanted to check and see if there would be any complications if I ended up moving to India, getting married, then decide to move back to the US with my then spouse (assuming I moved to India).

So it sounds like the domicile will not be much of an issue. That was my biggest concern.

From what I've been reading it sounds like if i direct file from India I could get the spouse visa approved in about 30 days, does that sound right?

Thanks again

If you are an American who is not of Indian descent (ie you are white, black, Native American, etc) it is very difficult to get DCF approved. Most cases are denied and then you have to file the i130 the traditional route anyway and it wastes time and money on your part (not to mention you have to travel to Delhi and all to even attempt DCF). I was living and working in India when I met hubby and we met all the requirements for DCF (we actually lived together for 4 years on a joint lease in India before even getting married) and they deemed us not eligible for DCF. They don't have to give any reason for their madness either which is frustrating. I know of 1 other couple (she was white American and he was Punjabi) who were also denied DCF. Just wanted to throw that out there that DCF is not a sure bet.

Otherwise, I think moving to India and living/working there with your fiance (soon to be spouse) is not a problem. I think if you have the assets for the i864 and can show domocile then why not do it? then you won't be separated!

[CF41051 3]

Wow, I had no idea it would be difficult to DCF since I'm not of Indian descent. That is very good info so thank you.