Help

[rac717 7]

So I think we've decided to do the K1 visa as opposed to marrying here and doing spousal visa.

Here's our situation. I'm a USC, been with my partner for 6 years and am legal permanent resident in Argentina and have been for several years. He's dual citizen - Argentine/Belgian. We have 2 kids. We got an out of the blue offer on our farm here and will be closing in September, hence this discussion and decision to move to the US.

We're going to go to the US Oct 1. He has a B1/B2 visa (has had one for years). Our intent is that assuming he gets in without problems, he'll stay for 90 days with that and help me set up the house there and then come back to Argentina where hopefully he'll be getting the interview at that point and then can return to the US quickly.

A few questions -

1) I assume since we're starting the process here in Argentina now, sending the application to the Chicago lockbox is the way to go? My perm residence is valid here and the mailing address will continue to be used (it's his mom's house).

2) Is it safe to assume that given his long history of entering/leaving on-time with his b1/b2, they probably won't give him too much trouble when we go in Oct even though his K1 will be filed?

3) Our thought right now is I and our kids (both US citizen as well) are going to get one way ticket while he'll have his r/t ticket. He can also bring the info for his business, bank accounts, etc to show he will return. Anything else I'm not thinking of?

4) He has supported me over the past few years since our kids were born. We'll have enough in the bank to cover costs for a family of 4 in the US for multiple years plus his ongoing income here. Do you think that will be enough or should I ask someone else to sponsor him as well (hopefully I'll be working very quickly in the US but...)

5) When I try to check the USCIS timeframes, I don't see one for the Chicago lockbox. Am I just clueless? Or can someone share with me the average time (more or less?). We're trying to figure out if 5/6 months will be about right for him to do his final interview here in Arg (since that's when he'll be coming back here anyway).

Thanks all - I'm eternally grateful for the help I've gotten here!

[Cathi 5,757]

he will have to show VERY strong ties to home.

[rac717 7]

What else would you recommend in terms of showing ties? Obviously it would be ridiculous to go through the time/effort of doing the visa application if he were just going to overstay - our intent is to continue to operate within the parameters of the law.

[teeak 224]

So I think we've decided to do the K1 visa as opposed to marrying here and doing spousal visa.

Here's our situation. I'm a USC, been with my partner for 6 years and am legal permanent resident in Argentina and have been for several years. He's dual citizen - Argentine/Belgian. We have 2 kids. We got an out of the blue offer on our farm here and will be closing in September, hence this discussion and decision to move to the US.

We're going to go to the US Oct 1. He has a B1/B2 visa (has had one for years). Our intent is that assuming he gets in without problems, he'll stay for 90 days with that and help me set up the house there and then come back to Argentina where hopefully he'll be getting the interview at that point and then can return to the US quickly.

A few questions -

1) I assume since we're starting the process here in Argentina now, sending the application to the Chicago lockbox is the way to go? My perm residence is valid here and the mailing address will continue to be used (it's his mom's house). i believe the Form I-129F should be sent to the Dallas lockbox. Where To File: https://www.uscis.gov/i-129f

2) Is it safe to assume that given his long history of entering/leaving on-time with his b1/b2, they probably won't give him too much trouble when we go in Oct even though his K1 will be filed? You never know with CBP. There's always a likelihood that he may be denied entry and sent bank on the plane. Just make sure that he answers all questions truthfully if they ask if he has any immigrant petitions filed on his behalf.

3) Our thought right now is I and our kids (both US citizen as well) are going to get one way ticket while he'll have his r/t ticket. He can also bring the info for his business, bank accounts, etc to show he will return. Anything else I'm not thinking of? Anything else he can further evidence his ties? Lease agreements? Active accounts?

4) He has supported me over the past few years since our kids were born. We'll have enough in the bank to cover costs for a family of 4 in the US for multiple years plus his ongoing income here. Do you think that will be enough or should I ask someone else to sponsor him as well (hopefully I'll be working very quickly in the US but...) There are poverty guidelines that need to be met. If he can evidence that his income will continue even after moving to the US, then it should be fine. When counting assets, it needs to be 3 x the minimum guideline. Although for K-1, you need an I-134, this guideline should be helpful: https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

5) When I try to check the USCIS timeframes, I don't see one for the Chicago lockbox. Am I just clueless? Or can someone share with me the average time (more or less?). We're trying to figure out if 5/6 months will be about right for him to do his final interview here in Arg (since that's when he'll be coming back here anyway). The Dallas lockbox simply accepts applications and ships them to service centers for processing depending on the location. But, since you're filing K-1, as of earlier this year, all I-129Fs are being sent to the California Service Center.

Thanks all - I'm eternally grateful for the help I've gotten here!

Edited July 5, 2016 by teeak

[Transborderwife 4,666]

What else would you recommend in terms of showing ties? Obviously it would be ridiculous to go through the time/effort of doing the visa application if he were just going to overstay - our intent is to continue to operate within the parameters of the law.

Unfortunately this holds little sway with USCIS

[NuZayetsPogodi 117]

If he has a B1/2 visa, I don't know why he needs to show strong ties. But what I can tell you is that your I-129f packet needs to be sent to Texas Lockbox, not Chicago. From there, it will be forwarded to another service center - most likely California. There's a sticky you should read called "Yes You Can Visit." You can determine if your fiance will have problems at the border. Has he been to the US recently while you were in the country? As for the question about whether or not you make enough money, you'll need to demonstrate that you make 125% of the federal poverty level for a family of 4. His income doesn't count since he's not a USC.

[rac717 7]

. Has he been to the US recently while you were in the country?

We live in Argentina although we have both visited the US multiple times together to see my family. He's had a b1 visa for pretty much his entire life and has entered/left multiple times a years for a long time with no overstays so he has a good track record, that's why I'm optimistic we won't have problems.

I'm so confused - the US Embassy website says it should be sent to Chicago if you are living overseas. Why are you saying Texas?

Thanks all!

Edited July 5, 2016 by rac717

[NuZayetsPogodi 117]

When I said Texas, I meant Dallas. I am overseas now, too. I'm pretty sure the form says ALL forms get sent to one of two addresses in Texas (one is Dallas, the other is Lewisville - and that's for sending packets when you're using anything but US postal service ).

[rac717 7]

Thanks guys - the US Embassy here still has the Chicago address. Duly noted.