Best Option for a Complicated Situation?

[Jeniafrench 8]

If you file right now (while you are still in Europe) then the time you spend apart won't be as long, if I understood your situation correctly. Stay together until you have to move. You can start filling the petition while you are still in the Netherlands, you are not required to have a US domicile until later in the process. Try to plan it so by the time you need to submit the NVC documents you are already in the US (and established domicile there - it is a requirement for being a sponsor).

 

This way you can start your program in August, and hopefully soon after your bf can receive his visa and come to the US on a K-1. Or do the same with CR-1 but it will take longer.

 

He can come and visit you in the meantime as long as he can prove strong to ties to home. Being from a low-fraud country, I don't think it would be too difficult for you guys.

 

Best of luck.

[Naey 7]

53 minutes ago, Jeniafrench said:

If you file right now (while you are still in Europe) then the time you spend apart won't be as long, if I understood your situation correctly. Stay together until you have to move. You can start filling the petition while you are still in the Netherlands, you are not required to have a US domicile until later in the process. Try to plan it so by the time you need to submit the NVC documents you are already in the US (and established domicile there - it is a requirement for being a sponsor).

 

This way you can start your program in August, and hopefully soon after your bf can receive his visa and come to the US on a K-1. Or do the same with CR-1 but it will take longer.

 

He can come and visit you in the meantime as long as he can prove strong to ties to home. Being from a low-fraud country, I don't think it would be too difficult for you guys.

 

Best of luck.

Thanks (to all the other posters too!) We're going to go for the K1 visa. Starting the paperwork today and hoping to get everything in soon. Now just to find a USD money order in Europe... They're more of a transfer kind of continent. 

 

So when in the process is US domicile required? I'll have domicile in 4 months and I already have strong ties to the States (voting record, bank account, future PhD program) but is that soon enough?

[A'n'L 735]

2 hours ago, Naey said:

Thanks (to all the other posters too!) We're going to go for the K1 visa. Starting the paperwork today and hoping to get everything in soon. Now just to find a USD money order in Europe... They're more of a transfer kind of continent. 

 

So when in the process is US domicile required? I'll have domicile in 4 months and I already have strong ties to the States (voting record, bank account, future PhD program) but is that soon enough?

Remember to file using a US physical address (they will not send paperwork abroad), you can use your parents address or the address of a friend you trust. 

 

For the K1, domicile evidence is less important. You just have to arrive in the US before (or at the same time) as your fiancé. Your school enrollment and other ties mentioned are good evidence of domicile.

[geowrian 22,337]

2 hours ago, A'n'L said:

Remember to file using a US physical address (they will not send paperwork abroad), you can use your parents address or the address of a friend you trust. 

 

For the K1, domicile evidence is less important. You just have to arrive in the US before (or at the same time) as your fiancé. Your school enrollment and other ties mentioned are good evidence of domicile.

They will send I-129F paperwork abroad, actually. The mailing address field on it explicitly asks for the full address, including country. But it is slower and more unreliable IMHO.

 

Domicile is still needed for the I-134 for any sponsor (needed at the interview).

[mrtravel 40]

22 hours ago, Naey said:

"Thanks for all of the answers. It's a shame that a DCF isn't an option. I had read that couples filing abroad were (way back in 2007?) "

On the other hand, if things were like they were in 2007 you would not have been able to sponsor a same sex spouse or fiance.
So, for you it is better to be in 2017. 
 

[Naey 7]

Just now, mrtravel said:

On the other hand, if things were like they were in 2007 you would not have been able to sponsor a same sex spouse or fiance.
So, for you it is better to be in 2017. 
 

Excellent point. Like I said, we've accepted the reality of the situation and are starting our K1 process now. 

[AstroCanada 206]

If you want an estimate of total costs so you can plan for it, take a look at this page"

http://lawandborder.com/choosing-best-visa-strategy-fiancee-spouse-k-1-k-3-immigrant-visa/