Residency requirement of the US petitioner for either K-1 or K-3/I-130

[PeteUS325 0]

I'm a US citizen currently working overseas (not China btw) and my gf lives in China. Will that cause big problem with the US Immigration or the US Embassy as far as applying for K-1 or K-3/I-130 is concerned??

[YuAndDan 153]

Since your GF is in China, and you will do your interview at the Guangzhou Consulate, you may want to join and post this question to:

A Candle for Love, http://candleforlove.com There are many experts there that may know the answer to this question with regards to what Guangzhou requires.

Also there is excellent resources specific to cases going through that consulate.

[ManuNSam 1]

there is a DOMICILE issue - you ahve to show US DOMICILE

which country are you working in?

do you have a LONG TERM VISA or a WORK visa for that country?

if so - then your overseas stay doesnt remove your US DOMICILE status

however - if you have just been out of the country for a long time then you can have trouble prooving US DOMICILE

i was out of the us for 7 months when i applied. i didnt have any problems with it. but i did read someone else had this issue. it really varies from embassy to embassy.

sam

[PeteUS325 0]

there is a DOMICILE issue - you ahve to show US DOMICILE

which country are you working in?

do you have a LONG TERM VISA or a WORK visa for that country?

if so - then your overseas stay doesnt remove your US DOMICILE status

however - if you have just been out of the country for a long time then you can have trouble prooving US DOMICILE

i was out of the us for 7 months when i applied. i didnt have any problems with it. but i did read someone else had this issue. it really varies from embassy to embassy.

sam

Sorry for late reply. Yes, I stay here in Bermuda on a work visa. I still own personal property back in the US and I pay tax just like any US citizens do. As a matter of fact, I fly back to the states quite often.

Pete

[GabachaYucateca 0]

Shouldn't be an issue then, you'll just have to use your US address and have someone in the States forward you the paperwork, as USCIS doesn't mail abroad. On the forms, it's got places for you to fill in both your current address and your mailing address in the States.

I was going to file from Mexico, and I could have...didn't for other reasons, but it would have been a logistical issue rather than an immigration issue.

[GrenadianCrix 1]

I aggree with the advice you received. I have been in Grenada on a work permit for the past 17 months but have a US residence and mailing address and whatnot. I am still in the I-129F process but I have checked with the chief of immigration in Barbados and there is no problem what-so-ever in my filing. You should still check the requirements of the Embassy in China regarding her interview. I have heard that different sites require the USC to attend with the benificiary (but that may just be a rumor)

Good Luck with it all!

Sue

[PeteUS325 0]

Thanks for all the positive responses. Anyway, I will most likely retain a lawyer to handle the case for me.

Btw, there is this law firm who advertise on this web site and claim to have a 100% success rate on K-1 visas. Wondering if there is any experience with them from any board members here at all.

Pete