k1 visa while abroad

[Moonlight12 0]

Hi there,

I've been reading a lot but I haven't been able to find a consistent answer.

Back story: I'm a U.S. Citizen and I took a year off of work to come travel New Zealand. It seemed perfect with the working holiday visa they offer. I met my boyfriend here (he's from Norway) and we've been living together and traveling since. We're at the half way mark in our New Zealand visas (we got here the same day!!) and we have a flight booked to Oslo next feb (2016) and we were planning on coming back to the U.S. After that to permanently live and marry.

I have a bachelors degree and worked full time in the U.S. I have an expat job in New Zealand but I'm not saving a ton. I'm planning on securing a job as soon as I'm back in the U.S. I'm not the most financially secure 24 year old but I only have student loan debt, pay my taxes and have always had a job. Even now when I'm on holiday I work almost full time. I didn't expect to fall in love while abroad but it happened and now I can't imagine spending any time apart.

If we fill out the petition this week to time things with my (our) return to the U.S. Will I have issues with the sponsor affidavit? I should say that my fiancé is financially stable and wouldn't need me to support him while he looks for work in the U.S. Could he prove that in the interview?

As for the other requirements were both of age, never been married, definitely in love and have many messages, pictures, etc to prove the relationship. So I'm not worried in any other sense except for the sponsor affidavit.

It's just that while applying abroad I can't show that I definitely will be working while I'm back in the U.S. We know there's the option of splitting up and me going back to the U.S. And getting a job then applying for all this stuff but we really don't want to spend any time apart.

Any advice would be appreciated! Please & thank you.

[Lands55 0]

Wouldn't it be easier if you get married now in NZ and then just register your marriage instead of applying for a fiance visa and then changing status?

I live in Korea. A friend of mine is from South Africa and her husband is from the states. They got married here in Korea and then went back to the States. They registered the marriage and applied for a spousal visa. Her husband went back to study in the U.S so not sure about him having a job and proof of support. She has a 9 month old baby so she is not working at the moment. Might be easier for you to just get married now before going back.

[KayDeeCee 4,893]

You can use a co-sponsor.

[Moonlight12 0]

Wouldn't it be easier if you get married now in NZ and then just register your marriage instead of applying for a fiance visa and then changing status?

I live in Korea. A friend of mine is from South Africa and her husband is from the states. They got married here in Korea and then went back to the States. They registered the marriage and applied for a spousal visa. Her husband went back to study in the U.S so not sure about him having a job and proof of support. She has a 9 month old baby so she is not working at the moment. Might be easier for you to just get married now before going back.

I'm not sure actually, I've looked into this option and it seems to be just as long if not longer than the K-1. Would we need to apply for the K-3? And be separate that whole time too?

[KayDeeCee 4,893]

If you get married, then you would file for a CR-1 spousal visa. It is taking about a year or more for that process. You would also need to prove domicile and meet the requirements of the I-864 for that visa.

[Moonlight12 0]

If you get married, then you would file for a CR-1 spousal visa. It is taking about a year or more for that process. You would also need to prove domicile and meet the requirements of the I-864 for that visa.

Right, that's what I've been finding as well. If it would make the process easier I definitely wouldn't mind getting hitched in New Zealand but I'm not sure that's the smartest route.

[aaron2020 11,651]

Hi there,

I've been reading a lot but I haven't been able to find a consistent answer.

Back story: I'm a U.S. Citizen and I took a year off of work to come travel New Zealand. It seemed perfect with the working holiday visa they offer. I met my boyfriend here (he's from Norway) and we've been living together and traveling since. We're at the half way mark in our New Zealand visas (we got here the same day!!) and we have a flight booked to Oslo next feb (2016) and we were planning on coming back to the U.S. After that to permanently live and marry. Don't count on him being able to come on a K-1 visa by Feb. 2016. It can take a few months up to a year. 5 months would be extremely lucky.

I have a bachelors degree and worked full time in the U.S. I have an expat job in New Zealand but I'm not saving a ton. I'm planning on securing a job as soon as I'm back in the U.S. I'm not the most financially secure 24 year old but I only have student loan debt, pay my taxes and have always had a job. Even now when I'm on holiday I work almost full time. I didn't expect to fall in love while abroad but it happened and now I can't imagine spending any time apart. You may have to spend time apart. Many couples here have been separated for years.

If we fill out the petition this week to time things with my (our) return to the U.S. Will I have issues with the sponsor affidavit? Yes. Since your NZ income will not continue when you get back to the US, you can not use it. You may be lucky if the US Embassy in NZ accepts co-sponsors for the I-134. If not, then you will need to come back to the US alone to get a job with sufficient income to meet the I-134 requirements. I should say that my fiancé is financially stable and wouldn't need me to support him while he looks for work in the U.S. Could he prove that in the interview? His finances is not considered in the immigration process. Only your US based income and your co-sponsor's income if the US Embassy allows for one are considered in meeting the I-134 requirements.

As for the other requirements were both of age, never been married, definitely in love and have many messages, pictures, etc to prove the relationship. So I'm not worried in any other sense except for the sponsor affidavit.

It's just that while applying abroad I can't show that I definitely will be working while I'm back in the U.S. We know there's the option of splitting up and me going back to the U.S. And getting a job then applying for all this stuff but we really don't want to spend any time apart.

Any advice would be appreciated! Please & thank you.

Hi,

Hate to be the bearer of bad news. It seems that immigration is new to you. The reality is that it takes time and usually the spouses will be separated. The reality is that there is very little chance that your fiance will get a K-1 visa in 5 months with you not having an income that will continue in the US.

If the US Embassy does not accept co-sponsors for the I-134, you will be stuck until you can meet it with a US job.

The US Embassy does accept a Joint Sponsor for the I-864 for a spousal visa. It might be in your best interest to consider getting married in NZ and starting the spousal visa process with a Joint Sponsor.

Best of luck.

[TBoneTX 44,926]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is facing decisions. ***

[Pennycat 880]

Hi there,

I've been reading a lot but I haven't been able to find a consistent answer.

Back story: I'm a U.S. Citizen and I took a year off of work to come travel New Zealand. It seemed perfect with the working holiday visa they offer. I met my boyfriend here (he's from Norway) and we've been living together and traveling since. We're at the half way mark in our New Zealand visas (we got here the same day!!) and we have a flight booked to Oslo next feb (2016) and we were planning on coming back to the U.S. After that to permanently live and marry.

I have a bachelors degree and worked full time in the U.S. I have an expat job in New Zealand but I'm not saving a ton. I'm planning on securing a job as soon as I'm back in the U.S. I'm not the most financially secure 24 year old but I only have student loan debt, pay my taxes and have always had a job. Even now when I'm on holiday I work almost full time. I didn't expect to fall in love while abroad but it happened and now I can't imagine spending any time apart.

If we fill out the petition this week to time things with my (our) return to the U.S. Will I have issues with the sponsor affidavit? I should say that my fiancé is financially stable and wouldn't need me to support him while he looks for work in the U.S. Could he prove that in the interview?

As for the other requirements were both of age, never been married, definitely in love and have many messages, pictures, etc to prove the relationship. So I'm not worried in any other sense except for the sponsor affidavit.

It's just that while applying abroad I can't show that I definitely will be working while I'm back in the U.S. We know there's the option of splitting up and me going back to the U.S. And getting a job then applying for all this stuff but we really don't want to spend any time apart.

Any advice would be appreciated! Please & thank you.

I think that you need to figure out if the embassy in Oslo accepts co-sponsors for the K-1 process or not. If not, you'll have to either move home and get a job to meet the requirement first, or marry first and start the spousal visa process ASAP.

The reason that some embassies don't take co-sponsors for the K-1 process is that that particular affidavit of support is not legally binding (whereas the one you and the co-sponsors will need to sign for his adjustment of status aka green card IS legally binding. Spouse visas come with an automatic green card, and so the affidavit of support you/ the co-sponsors sign for THAT visa IS legally binding). They don't want a situation in which your mom or whoever agrees to co-sponsor for the visa but won't co-sponsor for the green card and you're stuck being unable to adjust status.

Anyway, all of that is a moot point if Oslo accepts co-sponsors for the K-1 process.

In terms of not being able to imagine being separated? Honestly, the best advice is to get used to that idea as quick as you can. It stinks. International relationships are a lot about logistics and red tape and time apart. You have options, at least (he can visit visa-free on his regular passport while you're waiting. Many if not most people do not have such luxury available to them). If you filed K-1 tomorrow, you *might* be one of the people who gets from start to finish in 4 months. But that's really not overly likely, especially with all the fall and winter holidays.

If you need to go for spousal route, plan on a minimum of 10 months, probably closer to 14 or 16, from the filing date (meaning, marry tomorrow, do the paperwork the very next day). Again, you can visit. Ideal no but the facts of the matter.

Edited September 9, 2015 by CatherineA

[Moonlight12 0]

I think that you need to figure out if the embassy in Oslo accepts co-sponsors for the K-1 process or not. If not, you'll have to either move home and get a job to meet the requirement first, or marry first and start the spousal visa process ASAP.

The reason that some embassies don't take co-sponsors for the K-1 process is that that particular affidavit of support is not legally binding (whereas the one you and the co-sponsors will need to sign for his adjustment of status aka green card IS legally binding. Spouse visas come with an automatic green card, and so the affidavit of support you/ the co-sponsors sign for THAT visa IS legally binding). They don't want a situation in which your mom or whoever agrees to co-sponsor for the visa but won't co-sponsor for the green card and you're stuck being unable to adjust status.

Anyway, all of that is a moot point if Oslo accepts co-sponsors for the K-1 process.

In terms of not being able to imagine being separated? Honestly, the best advice is to get used to that idea as quick as you can. It stinks. International relationships are a lot about logistics and red tape and time apart. You have options, at least (he can visit visa-free on his regular passport while you're waiting. Many if not most people do not have such luxury available to them). If you filed K-1 tomorrow, you *might* be one of the people who gets from start to finish in 4 months. But that's really not overly likely, especially with all the fall and winter holidays.

If you need to go for spousal route, plan on a minimum of 10 months, probably closer to 14 or 16, from the filing date (meaning, marry tomorrow, do the paperwork the very next day). Again, you can visit. Ideal no but the facts of the matter.

Thanks for the info. We are not gonna go the marriage route, we've decided on the K-1. We're still together in New Zealand until end of February, and I'm going to Oslo for a bit after then back to the states. So hopefully fingers crossed we won't be spending several months apart. I'll look into the co sponsor for Oslo.

Cheers!

[Pennycat 880]

Thanks for the info. We are not gonna go the marriage route, we've decided on the K-1. We're still together in New Zealand until end of February, and I'm going to Oslo for a bit after then back to the states. So hopefully fingers crossed we won't be spending several months apart. I'll look into the co sponsor for Oslo.

Cheers!

Right I get that you don't want to go spousal route (and I don't blame you, I chose K1 for a reason) but if you are unemployed or not making above the threshold, and that Embassy does not accept cosponsors, you will not be given the K1. You'll have wasted that time and you'll have to go spousal. So, step one: find out about cosponsors. If they take them, K1 it is. You may make it back together in February, you may not. Separation is a huge part of most VJ people's lives. It stinks but it's not a big deal in the grand scheme of things, particularly if you're from a visa waiver program country and can therefore visit at will.

[KayDeeCee 4,893]

You will not go through the Oslo consulate. Immigrant visas(and the K-1 is included in that), go through Sweden > http://sweden.usembassy.gov/consulate/iv3.html

I have never heard of Sweden not accepting co-sponsors. Very few of them don't readily accept co-sponsors, and even those will sometimes allow them depending on the case situation.

[odarosland 0]

Thanks for the info. We are not gonna go the marriage route, we've decided on the K-1. We're still together in New Zealand until end of February, and I'm going to Oslo for a bit after then back to the states. So hopefully fingers crossed we won't be spending several months apart. I'll look into the co sponsor for Oslo.

Cheers!

Hi! You might already be aware of this (I wasn't when I started the process), but all K1 visas in Scandinavia are processed in Stockholm, Sweden. Good luck!