Is it possible to start the k1 process if you don't live in the USA or in your SO's home country?

[inloveVEN 46]

Perhaps outdated. DCF was done away with several years ago for anyone not living in a country with a USCIS field office and who wasn't experiencing an emergent situation.

It is a complex issue that I suggest you read up on before posting about again because you could really mess up someone's timeline and life by giving incorrect info.

Thanks for the advice,

I am a respectful man that never would give intentionally a wrong recommendation, i never make references to information not coming from official sites or good reputation pages. in this cases i know that this information is not updated properly. thanks

[Soup Dragon 104]

Please don't give incorrect advice. There is no USCIS field office in the Czech Republic and hence no standard DCF allowed there.

Perhaps outdated. DCF was done away with several years ago for anyone not living in a country with a USCIS field office and who wasn't experiencing an emergent situation.

It is a complex issue that I suggest you read up on before posting about again because you could really mess up someone's timeline and life by giving incorrect info.

Actually, Frankfurt has jurisdiction over immigration matters in Czech Republic so maybe DCF is an option

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

Edited September 11, 2016 by D&B18

[millefleur 5,047]

Actually, Frankfurt has jurisdiction over immigration matters in Czech Republic so maybe DCF is an option

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

I've heard that unless the US citizen is residing in Germany, then you have to prove some kind of outstanding, emergency reasons for DCF in Frankfurt.

My sister lives in Austria (married to Austrian guy) and this is what she told me. She's planning to apply via the Chicago Lockbox as per what the Vienna Embassy site instructed for Americans living in Austria.

Just saw this from the Embassy's site in CZ: Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.

Link: https://cz.usembassy.gov/visas/fiancee/where-to-apply/

More info on "exceptional circumstances" here:

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/petition/file/filing-immigrant-petitions-outside-the-u-s.html

[N-o-l-a 7,168]

Actually, Frankfurt has jurisdiction over immigration matters in Czech Republic so maybe DCF is an option

https://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

Only for emergencies and special circumstances. How do I know? We filed at the London field office for a special case DCF that went to the Stockholm embassy. Similar dynamic. Again, research.

[USAUAinCZ 38]

Only for emergencies and special circumstances. How do I know? We filed at the London field office for a special case DCF that went to the Stockholm embassy. Similar dynamic. Again, research.

where could I find out if I am a "special circumstance"

[Soup Dragon 104]

Contrary to what you think I did not deliberately set out to 'mess up someone's life and timeline'. It was a link I saw on the USCIS website and merely thought 'MAYBE' DCF was something they could look into. But clearly it isn't. Apologies that I am not an immigration expert like you!!!

[millefleur 5,047]

where could I find out if I am a "special circumstance"

I don't know personally, but I think it's really hard for them to accept "special circumstance" cases. :/

My guess is you need to get in contact with Frankfurt because they will make the final decision.

Maybe start a new thread about this and see if anyone with experience dealing with DCF via Frankfurt responds?

[USAUAinCZ 38]

I don't know personally, but I think it's really hard for them to accept "special circumstance" cases. :/

My guess is you need to get in contact with Frankfurt because they will make the final decision.

Maybe start a new thread about this and see if anyone with experience dealing with DCF via Frankfurt responds?

Thanks for the response. I can still always just go with the k1 visa route so I'm not too stressed out. We have enough money saved where her not working for a while would be no problem

[Harpa Timsah 13,258]

I can answer for you: You don't qualify for special circumstances

At some point in the process (toward the end) you may need to get your plans to start moving back to the US in order. For spousal visa cases, if the couple is abroad, the USC needs to either establish domicile in the US before the visa is issued, or show "intent to reestablish domicile" which they can do by renting an apartment, looking for work, etc. I haven't read where the fiance visa case needs to do the same, but since the issue is similar it makes sense that a consulate might treat it the same way. For you, I'd focus on "intent to reestablish domicile." But, for the petition phase (the first step) none of this is needed and you can just start when you want. Cross this bridge when you come to it. Good luck.

PS. If anyone can show where it states that the domicile issue applies to fiance cases I'd like to see it.

Edited September 11, 2016 by Harpa Timsah

[N-o-l-a 7,168]

where could I find out if I am a "special circumstance"

And this is why people should not continually bring up DCF in threads where DCF does not apply. It gives false hope. DCF is for very serious emergencies, some military situations, and grave USCIS errors. The likelihood of anyone getting Emergency DCF is slim to none.

[Suss&Camm 2,213]

Only for emergencies and special circumstances. How do I know? We filed at the London field office for a special case DCF that went to the Stockholm embassy. Similar dynamic. Again, research.

I would say asking here for other ppls experiences, such as yours, is part of doing the research. I don't see the need for the condescending tone to your fellow visajourney members.

[Suss&Camm 2,213]

I can answer for you: You don't qualify for special circumstances

At some point in the process (toward the end) you may need to get your plans to start moving back to the US in order. For spousal visa cases, if the couple is abroad, the USC needs to either establish domicile in the US before the visa is issued, or show "intent to reestablish domicile" which they can do by renting an apartment, looking for work, etc. I haven't read where the fiance visa case needs to do the same, but since the issue is similar it makes sense that a consulate might treat it the same way. For you, I'd focus on "intent to reestablish domicile." But, for the petition phase (the first step) none of this is needed and you can just start when you want. Cross this bridge when you come to it. Good luck.

PS. If anyone can show where it states that the domicile issue applies to fiance cases I'd like to see it.

I believe you commented on a thread where you were given a link to such a situation. Perhaps message that member to find out what was specifically written in that letter? (The girl who lived abroad in Turkey for 8-10 months)

[Anitafeliz 1,133]

http://www.visajourney.com/forums/topic/609571-proof-of-domicile-k1-visa/#entry8302702

Heres a thread the same March filer Jordyn put up...she had to leave her fiancee to provide embassy proof of domicile.

[bigjailerman 318]

http://www.visajourney.com/forums/topic/609571-proof-of-domicile-k1-visa/#entry8302702

Heres a thread the same March filer Jordyn put up...she had to leave her fiancee to provide embassy proof of domicile.

Yes I responded to her but no response yet

[Harpa Timsah 13,258]

Yes I have seen the link but the question is about what the rules are in the INA or the FAM or wherever. That is one report about the practices of the Ankara embassy. Useful, sure, but not necessarily the rule for everyone.

If there is a domicile issue, most embassies accept "intent to reestablish domicile" in lieu of actual domicile.