I'm currently in my fiance's country, can I start the K1 process from here?

[sativo 3]

Hi,

I'm new to this process and have several questions. I intend to post them separately to avoid munging them together -- so please forgive me in advance if this is not the desired protocol.

My questions is:

I am currently in my fiance's country, can I start the K1 process from here?

My situation:

I intend to be in my fiance's country for 6-12 months, and would like to send the I-129F form to petition for a K1 visa now. Can I do it from here? If so, what's the best way? Can I submit it through our local U.S. embassy here, or must I fill it out and send it to the Dallas drop box? Can I have someone in the U.S. do it on my behalf (i.e. family member)?

Thank you,

Sativo

[canadian_wife 1,829]

What country? I ask because some consulates (like Montreal for example) have very strict domicile requirements.

Anyway - yes, you can submit the petition from abroad. Have you read the I219F instructions about filing abroad? In short, no you cannot submit it to the consulate or embassy abroad.

Why do you need a family member to do it? Why can't you do it?

PS - Read the I129F instructions soon-ish

Good luck

[sativo 3]

Have you read the I219F instructions about filing abroad?

Hi Canadian Wife,

No I haven't. Can you please point me to them?

I am in Ukraine.

Thanks,

Sativo

[JFH 12,191]

Remember that signatures need to be "wet" so you can't scan the completed forms or send computer-filled forms without original signatures to someone for them to print and send. Since you are going to have to send the original forms anyway, why not just send them to Lewisville lockbox rather than send them to your family for them to send? That would just waste time and cost more in postage. Pointless.

[JR loves JR 196]

There's a guide on here that you should read twice: http://www.visajourney.com/content/guides

It will answer a lot of your questions. You should also go to USCIS.gov and see what the actual instructions say. By the time you've done these things, most of your questions should be answered.

The one thing I am aware of that is much easier in America to provide is the affidavit of support and supporting evidence. You need to supply things like tax transcripts, pay stubs, bank statements. If your current employment doesn't meet 125% of your household's poverty threshold, you'll need to find a cosponsor. And some embassies don't like cosponsors. Check the country portal on here for more specific information. You'll also need to fill out another affidavit so your fiancé can get a greencard after arriving in the US and marriage. So be sure you plan ahead for that piece.

[gregcrs2 1,778]

_{Do you have a temporary residency permit for Ukraine? If not, you are subject to the 90 day in/ 90 day rule, which does not allow you to stay there for 6-12 months continuously.}

[canadian_wife 1,829]

Hi Canadian Wife,

No I haven't. Can you please point me to them?

I am in Ukraine.

Thanks,

Sativo

Let me google that for you

https://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

[NuZayetsPogodi 117]

Hi Sativo,

Yes, you can file the I-129f packet from abroad. I'm in Russia right now and I did it without any problems, other than waiting longer for the hardcopy NOA-1 to arrive. Just use UPS or DHL or similar courier service to send your packet to the Lewisville address. The domicile issue that people are mentioning may or may not be a problem for you. I'm in Russia on a visitor's visa that allows me to stay for up to 6 months at a time. I own a home in the USA. I also own my own business and I'm still working, though remotely, from Russia, and I make well over 125% of the federal poverty line. So, to answer your question in short - sure, of course you can file from abroad. No problem at all. Just read the instructions on the I-129f form.

ETA: By the way, it's not just the I-129f form you need to fill out, sign, and submit. You should refer to a checklist (Google "I-129f checklist") to make sure you include proof of your ongoing relationship, proof that you've met in the past 2 years, payment of $340, G-325a for both you and fiance, Letter of Intent to Marry from both of you, etc.

Edited July 5, 2016 by NuZayetsPogodi