Applying for K1 from Outside of America

[Vin&Rachel 7]

Hey Everyone!

I am a British citizen and my Fiancé is American. We currently live in Japan but plan to move to America with the K1 visa and have her Mom sponsor with the I-134 form. We want to get married in America with friends and family opposed to doing it in Japan, this is the reason we arnt getting Married in Japan then applying for spousal. Has anyone been through the process of sending the K1 Package from outside of the states? If so would I have to return to the UK to have my interview or could I do it out of the American Embassy here in Japan?

Any help would be awesome!
Thank in advance.

[Shauneg 762]

You can have the interview in whatever country you're staying in. The only issue that may come up is she has to show domicile in U.S. Proof of a residence, a job waiting for her, .......something to show she will move to the U.S. and be a contributing member of society.

[Vin&Rachel 7]

So as the US citizen, she has to show that she has a job waiting for her when we move to the US even if we have a place to live and a Sponsor to sign the I-134 form?

[Shauneg 762]

So as the US citizen, she has to show that she has a job waiting for her when we move to the US even if we have a place to live and a Sponsor to sign the I-134 form?

That will work, I could have worded what I meant much better.....

[Nich-Nick 3,354]

So as the US citizen, she has to show that she has a job waiting for her when we move to the US even if we have a place to live and a Sponsor to sign the I-134 form?

The domicile issue is part of the law for an I-864 affidavit of support that spouses provide. It is not part of the I-134 for fiance visas. You would have to see what is typically acceptable at the consulate in Japan because some can be stricter than others. By law he does not have to have a job in the US, but will Japan will accept the mom sponsor. London is a very easy on this, but I can't help you with what Japan typically allows. Try asking in the Asia regional forum http://www.visajourney.com/forums/forum/90-asia-east-and-pacific/ if your consulate takes joint sponsors for the fiance visa.

There are two in Japan. Which did you list on the I-129f as the consulate where you want the file to go?

[Vin&Rachel 7]

The domicile issue is part of the law for an I-864 affidavit of support that spouses provide. It is not part of the I-134 for fiance visas. You would have to see what is typically acceptable at the consulate in Japan because some can be stricter than others. By law he does not have to have a job in the US, but will Japan will accept the mom sponsor. London is a very easy on this, but I can't help you with what Japan typically allows. Try asking in the Asia regional forum http://www.visajourney.com/forums/forum/90-asia-east-and-pacific/ if your consulate takes joint sponsors for the fiance visa.

There are two in Japan. Which did you list on the I-129f as the consulate where you want the file to go?

Thanks for the great info!

We haven't sent our I-129 just yet, we are putting finishing touches on it this week and sending it soon. We have it so the interview would be at the Osaka consulate. Her mother is in the process of getting her stuff together for the I-134 form so we won't be including it into the I-129, but ill be leaving a note explaining our current situation for whomever is reading the packet in the states so it will be ready for when my Interview comes around on my end here in Osaka. Ill be sure to through the link you posted and ask around over there. Thanks again, huge help.

[Anh map 2,098]

Given that the K1 leads to adjustment of status where the I-864 is used many embassies/consulates treat the I-134 in the same manner as the I-864. Checking the regional forum is wise because you will hear from others interviewing in the same place.

If you are a legal resident of Japan then you can interview there.

The US citizen submits an I-34 affidavit of support regardless of income or residence.

Things like your finacee's US income tax returns will be needed at some point in the process. Perhaps for the I-134, certainly for the adjustment of status which happens shortly after your marriage. (hello $1000+ in fees) The US taxes on worldwide income, so working in Japan doesn't exempt a person from filing. There are treaties so that people aren't double taxed.

[Vin&Rachel 7]

Given that the K1 leads to adjustment of status where the I-864 is used many embassies/consulates treat the I-134 in the same manner as the I-864. Checking the regional forum is wise because you will hear from others interviewing in the same place.

If you are a legal resident of Japan then you can interview there.

The US citizen submits an I-34 affidavit of support regardless of income or residence.

Things like your finacee's US income tax returns will be needed at some point in the process. Perhaps for the I-134, certainly for the adjustment of status which happens shortly after your marriage. (hello $1000+ in fees) The US taxes on worldwide income, so working in Japan doesn't exempt a person from filing. There are treaties so that people aren't double taxed.

Thank you for the great feedback!

My end as the Beneficiary is sorted out at the moment. I am a legal visa holder in Japan so I have confirmed that I can have my interview here but I'm a little confused about my fiancé (The Petitioner); she has all her Tax returns finished and complete for the past five years but as she currently legally lives in Japan too; would her Mom (The person signing the i-134 for more) have to make one for her also as she'll be moving back to the states without a job awaiting her also, we do have money saved up too. In the guide part of the site; it says "A separate affidavit must be filed by the sponsor for each person." so does her Mom need to fill out a form for her too?

[Nich-Nick 3,354]

Thank you for the great feedback!

My end as the Beneficiary is sorted out at the moment. I am a legal visa holder in Japan so I have confirmed that I can have my interview here but I'm a little confused about my fiancé (The Petitioner); she has all her Tax returns finished and complete for the past five years but as she currently legally lives in Japan too; would her Mom (The person signing the i-134 for more) have to make one for her also as she'll be moving back to the states without a job awaiting her also, we do have money saved up too. In the guide part of the site; it says "A separate affidavit must be filed by the sponsor for each person." so does her Mom need to fill out a form for her too?

Only the immigrant needs an affidavit of support. The U.S. citizen moving back does not need anything but her passport. She can go on welfare if she needs to. The interview is all about you and your qualifications, including someone to assure the consulate officer that you will not become a public charge in the U.S.

[Pitaya 2,577]

Make sure that the check or money order is drawn on a bank or other financial institution located in the US and payable in US$. There are folks that have successfully sent their petition packets to US-based relatives/friends, have them include the properly addressed check and mail on to the Lockbox location.

[Vin&Rachel 7]

Only the immigrant needs an affidavit of support. The U.S. citizen moving back does not need anything but her passport. She can go on welfare if she needs to. The interview is all about you and your qualifications, including someone to assure the consulate officer that you will not become a public charge in the U.S.

Okay cool, but in regards to the immigrant/Beneficiary's Sponsor- does it have to be the Petitioner? Or can another U.S citizen file for it? The reason i am asking is because if a sponsor from someone within the U.S will have a better chance than the Petitioner whom is living outside of the U.S then i would prefer to go through that route if possible. We have a secondary sponsor lined up if that is the case.

[Anh map 2,098]

Petitioner MUST submit an affidavit of support regardless of income or residence. If the petitioner does not meet the requirements then a joint sponsor would be needed. Check the regional forum to learn about K1 joint sponsors in Japan.

[Pennycat 880]

Okay cool, but in regards to the immigrant/Beneficiary's Sponsor- does it have to be the Petitioner? Or can another U.S citizen file for it? The reason i am asking is because if a sponsor from someone within the U.S will have a better chance than the Petitioner whom is living outside of the U.S then i would prefer to go through that route if possible. We have a secondary sponsor lined up if that is the case.

Sponsor for what? Financial? The affidavit of support? Yes. Even if she earns $0, she must provide one. And then the co-sponsor must make up the difference in money to qualify.

If you're asking if it is possible for someone else, someone who is living in the US to apply for a K1 for you..... no. Well, yes, if you want to marry THAT person. You cannot be petitioned by one person and then marry another. The petitioner's name is on the visa, and it is only by marrying that person that you are able to stay in the US and apply for residency.

[Nich-Nick 3,354]

Okay cool, but in regards to the immigrant/Beneficiary's Sponsor- does it have to be the Petitioner? Or can another U.S citizen file for it? The reason i am asking is because if a sponsor from someone within the U.S will have a better chance than the Petitioner whom is living outside of the U.S then i would prefer to go through that route if possible. We have a secondary sponsor lined up if that is the case.

You are getting varied replies but the real answer needs to come from someone experienced with what Osaka typically accepts. You need to ask these questions in a regional forum. There is nothing written in the Foreign Affairs Manual that says the consulate must have an I-134 from the petitioner who has no income. But each consulate can approach the decision that the beneficiary will not become a public charge in the way they are most convinced. Some may deem they must have an I-134 from the beneficiary and joint sponsor to be convinced.

If your interview was in London, I could tell you that many have been approved without an I-134 from the petitioner if they had one from another sponsor such as the petitioner's mom. Also in London, some beneficiaries are approved with no I-134 at all because they self-sponsor with their own assets being enough. But OSAKA may not be as lenient in what typically convinces them that the beneficiary will not become a public charge. You may not find an answer on VJ and will have to take everything possible just in case.