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Hello!

I am new to this forum, I'm hoping someone can help me get some answers about the K-1 Visa.

I am a US citizen but I've lived in Peru since I was 5 years old. I've traveled to the US several times to see my father and other relatives that live in Florida and Texas. One time I stayed at my dads for 6 months and got a Florida ID with his address as my domicile. I want to petition my boyfriend (fiance) because we want to get married in the US and live in Dallas. My questions are:

- Is it a requirement for me to live in the US in order to file the fiance Visa petition? -Do I have to go back to the US and stay for some time before filing the petition? (I've read that it isn't a requirement but I want to make sure) -Do I have to mail the application from the US myself or can someone do it for me? (for example my dad)

I am also confused about the address I need to give in the application. My fiance and I want to get an apartment before we get there (a friend or relative can take care of that for us) or if that doesn't work out we would stay at a friends or at my dads until we settle in. My question is, can I write a temporary address (my dads) in the application even if it's not the place and state my fiance and I will be living in? Can I change it afterwards?

I also have questions about the affidavit of support but I'll post them in the right topic forum.

Thank you!

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Duplicate thread removed; do not start multiple threads on the same topic.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Hello!

I am new to this forum, I'm hoping someone can help me get some answers about the K-1 Visa.

I am a US citizen but I've lived in Peru since I was 5 years old. I've traveled to the US several times to see my father and other relatives that live in Florida and Texas. One time I stayed at my dads for 6 months and got a Florida ID with his address as my domicile. I want to petition my boyfriend (fiance) because we want to get married in the US and live in Dallas. My questions are:

- Is it a requirement for me to live in the US in order to file the fiance Visa petition? -Do I have to go back to the US and stay for some time before filing the petition? (I've read that it isn't a requirement but I want to make sure) -Do I have to mail the application from the US myself or can someone do it for me? (for example my dad)

I am also confused about the address I need to give in the application. My fiance and I want to get an apartment before we get there (a friend or relative can take care of that for us) or if that doesn't work out we would stay at a friends or at my dads until we settle in. My question is, can I write a temporary address (my dads) in the application even if it's not the place and state my fiance and I will be living in? Can I change it afterwards?

I also have questions about the affidavit of support but I'll post them in the right topic forum.

Thank you!

No, you do not have to reside in the U.S. to apply, BUT .... BUT .... BUT, when you apply for Adjustment of Status and you are the Sponsor for your boyfriend/future husband ... you have to be domiciled in the U.S. to do so. It does not state how long you have to have lived, but you will need to be domiciled in the US.

You can mail the application in yourself.

You need to send your application to the address listed in the instructions for I129F. http://www.uscis.gov/i-129f

I believe the I129F only asks for a mailing address, which is important because they will mail you all the important notices, etc. If you plan on moving immediately, you can use your dad's address, but if it is after a few weeks or so, use your current address and then when you are moving, file an Address Change Request with USCIS to get a new correct mailing address that they can send your mail to. NOTE: anytime you move, even if it is across the street, you are REQUIRED to notify USCIS of any address change.

Jan 25, 2014: I-129F Sent

Feb 13, 2014: NOA1

Apr 15,2014: NOA2 Notice Via USCIS Web Site

Apr 22, 2014: NOA2 Received In Postal Mail

Apr 28: 2014: NVC Received

Apr 30: 2014: NVC Left

May 09, 2014: Embassy Received

Jul 08, 2014: Interview - Approved - CEAC Status Ready

Jul 14 2014: CEAC updated but still READY Status

Jul 16 2014: CEAC Status changed to Administrative Processing

Jul 22 2014: CEAC Status changed to Issued

Jul 28 2014: VISA received

Aug 06 2014: U.S. Arrival (Ft. Lauderdale POE)

Children (3 kids)

Apr 28 2015: Filed I130 petition for each child

Aug 21 2015: Notice from USCIS that all 3 petitions transferred to California Service Center

Sep 17 2015: Approval for all 3 petitions

Nov 12 2015: Paid one AOS fee for all 3 children

Nov 13 2015: Paid separate IV fees for all 3 children

Dec 04 2015: Filed Affidavit of Support (I864) for each child

Jan 12 2016: Received RFE for missing birth certificate from one of the kids packet

Jan 13 2016: Sent in RFE evidence ( birth certificate copy .... again O_o )

Jan 19 2016: Received notice that they received the RFE evidence

Feb 22 2016: Called and found out another RFE was being sent out about birth certificate

Feb 24 2016: Sent in (inextensa versions, not de acta versions) of birth certificates for all children

Mar 02 2016: Received notice that they received the RFE evidence

Mar 11 2016: NVC Process finished, now awaiting interview time slot to be scheduled

Mar 29 2016: Called NVC and found out today they scheduled interview

Apr 01 2016: Received Packet 4 notice via e-mail with interview date

Apr 25 2016: Children received P4 letters in the mail

May 19 2016: Interview

Jun 03 2016: Received Visas

Jul 06 2016: Travel to US

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No, you do not have to reside in the U.S. to apply, BUT .... BUT .... BUT, when you apply for Adjustment of Status and you are the Sponsor for your boyfriend/future husband ... you have to be domiciled in the U.S. to do so. It does not state how long you have to have lived, but you will need to be domiciled in the US.

You can mail the application in yourself.

You need to send your application to the address listed in the instructions for I129F. http://www.uscis.gov/i-129f

I believe the I129F only asks for a mailing address, which is important because they will mail you all the important notices, etc. If you plan on moving immediately, you can use your dad's address, but if it is after a few weeks or so, use your current address and then when you are moving, file an Address Change Request with USCIS to get a new correct mailing address that they can send your mail to. NOTE: anytime you move, even if it is across the street, you are REQUIRED to notify USCIS of any address change.

Thank you!

So I can mail the application from here (Peru) or does it have to be from a US address? Would you recommend giving them my mailing address in Peru or an address in the US to get the documentation?

I can't be my fiance's sponsor because I won't have a job until we get there and settle in, my dad is going to be the sponsor, do I still need to be domiciled in the US?

When they ask for the address my fiance and I will be staying in when we get to the US, I'll give them my dads address in Florida because that's where we're going to stay for a couple of weeks until we get an apt. in Dallas, Texas which is where we will live. Do you think there will be a problem there? Or is it okay to just let them know I moved and change the address?

Thank you so much for replying! I posted my questions yesterday and was afraid I'd get no answers.

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My now husband and I applied from Turkey and came in at POE together. However I submitted a grad school acceptance letter as proof of what I would be doing and where I would be living. Some embassies are really strict about the domicile issue, including Ankara and I know of people who got denied recently because the US citizen didn't have domicile.

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  • 2 weeks later...

Thank you!

So I can mail the application from here (Peru) or does it have to be from a US address? Would you recommend giving them my mailing address in Peru or an address in the US to get the documentation?

I can't be my fiance's sponsor because I won't have a job until we get there and settle in, my dad is going to be the sponsor, do I still need to be domiciled in the US?

When they ask for the address my fiance and I will be staying in when we get to the US, I'll give them my dads address in Florida because that's where we're going to stay for a couple of weeks until we get an apt. in Dallas, Texas which is where we will live. Do you think there will be a problem there? Or is it okay to just let them know I moved and change the address?

Thank you so much for replying! I posted my questions yesterday and was afraid I'd get no answers.

Sorry for the delay .... yes, you can mail it from Peru.

Peru address or US address? Depends on when you plan on moving to the U.S. check the guides and timetables on how long it takes to get a NOA1, NOA2, and other notices and see if you will more than likely still be in Peru or if you will have already moved. Once you decide to move, submit your Change of Address immediately. I submitted one while a prcess was still going on .... found out that my approval letters were sent and then returned because I no longer lived there ... and they re-sent the letters to my new address .... easily a delay of at least 1 1/2 weeks.

When you apply for Adjustment of Status, yes, the petitioner and any sponsors need to be in the U.S.

Again, any address changes, you will need to let them know immediately (you can do so on the USCIS web site online) every time you move. Be prepared for delays if they are trying to send you notices and it takes place in the middle of changing addresses.

Jan 25, 2014: I-129F Sent

Feb 13, 2014: NOA1

Apr 15,2014: NOA2 Notice Via USCIS Web Site

Apr 22, 2014: NOA2 Received In Postal Mail

Apr 28: 2014: NVC Received

Apr 30: 2014: NVC Left

May 09, 2014: Embassy Received

Jul 08, 2014: Interview - Approved - CEAC Status Ready

Jul 14 2014: CEAC updated but still READY Status

Jul 16 2014: CEAC Status changed to Administrative Processing

Jul 22 2014: CEAC Status changed to Issued

Jul 28 2014: VISA received

Aug 06 2014: U.S. Arrival (Ft. Lauderdale POE)

Children (3 kids)

Apr 28 2015: Filed I130 petition for each child

Aug 21 2015: Notice from USCIS that all 3 petitions transferred to California Service Center

Sep 17 2015: Approval for all 3 petitions

Nov 12 2015: Paid one AOS fee for all 3 children

Nov 13 2015: Paid separate IV fees for all 3 children

Dec 04 2015: Filed Affidavit of Support (I864) for each child

Jan 12 2016: Received RFE for missing birth certificate from one of the kids packet

Jan 13 2016: Sent in RFE evidence ( birth certificate copy .... again O_o )

Jan 19 2016: Received notice that they received the RFE evidence

Feb 22 2016: Called and found out another RFE was being sent out about birth certificate

Feb 24 2016: Sent in (inextensa versions, not de acta versions) of birth certificates for all children

Mar 02 2016: Received notice that they received the RFE evidence

Mar 11 2016: NVC Process finished, now awaiting interview time slot to be scheduled

Mar 29 2016: Called NVC and found out today they scheduled interview

Apr 01 2016: Received Packet 4 notice via e-mail with interview date

Apr 25 2016: Children received P4 letters in the mail

May 19 2016: Interview

Jun 03 2016: Received Visas

Jul 06 2016: Travel to US

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Filed: Timeline

Hello!

I am new to this forum, I'm hoping someone can help me get some answers about the K-1 Visa.

I am a US citizen but I've lived in Peru since I was 5 years old. I've traveled to the US several times to see my father and other relatives that live in Florida and Texas. One time I stayed at my dads for 6 months and got a Florida ID with his address as my domicile. I want to petition my boyfriend (fiance) because we want to get married in the US and live in Dallas. My questions are:

- Is it a requirement for me to live in the US in order to file the fiance Visa petition? -Do I have to go back to the US and stay for some time before filing the petition? (I've read that it isn't a requirement but I want to make sure) -Do I have to mail the application from the US myself or can someone do it for me? (for example my dad)

I am also confused about the address I need to give in the application. My fiance and I want to get an apartment before we get there (a friend or relative can take care of that for us) or if that doesn't work out we would stay at a friends or at my dads until we settle in. My question is, can I write a temporary address (my dads) in the application even if it's not the place and state my fiance and I will be living in? Can I change it afterwards?

I also have questions about the affidavit of support but I'll post them in the right topic forum.

Thank you!

Hi Alex,

No you do not need to currently be residing in the USA, but you must have an intention to re-locate to the USA upon the fiance's K visa approval for obvious reasons.

You need to file with an American address, you will be able to use your father's address or any reliable American address keeping in mind that all CIS/Embassy correspondence will be sent there.

Yes you can write a temporary address and once you physically find a place to settle you will need to file a change of address AR-11 online.

I can answer your I-134 questions if you private message me.

Good luck

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