K-1 Question Regarding Applying From outside USA

[JGK1982 0]

Hi All

Straight forward question and looking for a simple answer if possible!

Can my Fiancé apply for a K-1 visa for me (Irish Citizen) from within the Republic of Ireland as this is where we both reside at present.

Thanking you in advice

JK

[Hypnos 6,576]

Yes.

[JGK1982 0]

Great, thanks for the response...as a follow up question.

The affidavit of support. Is it acceptable for my fiancee to fill this out with information regarding her job in Ireland?

[jan22 3,056]

To clarify -- the petition can be filed while you both are in Ireland, but it is sent to and processed in the US. Once approved, the visa will be processed in Ireland. During the visa application portion of the process, you will have to prove domicile (or the intent to re-establish domicile) in the US. The affidavit of support must show the ability to support the visa applicant in the US -- the Ireland income, which will end (I assume) when you return to/immigrate to the US will not show that.

[aaron2020 11,651]

Great, thanks for the response...as a follow up question.

The affidavit of support. Is it acceptable for my fiancee to fill this out with information regarding her job in Ireland?

Only if the job will continue after she returns to the US. If she has to quit to return to the US, then no. The US only cares about current income when you immigrate to the US. A job your wife has to quit will not provide for you when you immigrate.

[JGK1982 0]

Thanks everybody for the answers so far, getting ready to send off the petition. Because we both live in Dublin is there anything apart from filling the forms out indicating this that we have to do differently?

And preparing for the next stage. Is the co sponsor part straight forward? I have relative in the US that would be more than willing to fill this out. Can this be anybody?

Thanks again

[Hypnos 6,576]

A joint sponsor can be any US citizen or LPR domiciled in the US; they do not need to be related to you.

Edited January 9, 2016 by Hypnos

[nikkimujj 5]

I would say the co-sponsor part is about as straightforwards as anything else with the visa. You'll need them to provide tax records, W2s, and pay stubs from the last three years, as well as a letter confirming employment from their company. They'll also need to fill out a separate form for dependents in the household (especially if they file their taxes jointly with a spouse), in addition to the standard I-864 form.

I am also living outside the US and I would suggest listing your permanent address as within the US, at your parents' house, a relative's, etc. I'm not sure if they mail the NOA1 and 2 confirmations abroad, but both were mailed to my US address, even though I listed my German one as my mailing address.

[maspas 10]

I applied for my fiance and I've (the USC petitioner) been living in Mexico with him for almost two years.

In regards to addresses, like nik said before, I would use a US address as your permanent address, like the petitioner's parents or a friend/relative they trust. This way you can ensure a safe and fast delivery of NOA's, and they can forward information or mail as needed quickly. But, make sure that you include the foreign address in all forms requesting so (pertaining to the petitioner).

In regards to the affidavit of support, the petitioner will have to fill out one of these even if they do not work within the US. However, any foreign income will not be considered in the affidavit of support, which in this case, you'll need that co-sponsor and make sure that they make enough (125% over the poverty line) to cover you two, as well as any other dependents they have (household). Also, just as a tidbit that I've seen while reading around, make sure that the USC has filed their taxes even if they've been living abroad. If these are not filed recently, then it will cause problems down the road.

Hope this helps. Good luck!