Which visa for my situation?

[kkcman 0]

Hi everyone,

I'm hoping someone can give me a quick answer for my situation...

I'm currently waiting for approval for a K1 visa I filed in January for my fiance. I filed this because I assumed my fiance would move to the US and we would get married and live there.

However, my situation has changed and it looks like we will live in South Korea together for at least the next few years. After that, I would like to be able to enter the US with her as a permanent resident. We will get married in Korea, but we can choose whether or not to make that marriage legal and official. So basically we can choose where to get legally married, the US or Korea.

My goal is to choose the process that will allow my fiancee to achieve permanent status the quickest and easiest way, given that we'll be living overseas the next few years. Also important is the ability for her to be able to travel back and forth from the US and Korea without advance parole.

I know I'm probably leaving out some important details, but I'd appreciate it if some of the experts can give me their thoughts on what process would be best for me.

Thanks!

[john_and_marlene 162]

Since you are planning on living in South Korea for the next few years, none of the mentioned visas is appropriate. If your spouse wants to visit the US regularly while you live in South Korea, apply for a vist visa. If you are married and residing in South Korea, getting a visit visa will most likely not be difficult.

[pushbrk 12,877]

Hi everyone,

I'm hoping someone can give me a quick answer for my situation...

I'm currently waiting for approval for a K1 visa I filed in January for my fiance. I filed this because I assumed my fiance would move to the US and we would get married and live there.

However, my situation has changed and it looks like we will live in South Korea together for at least the next few years. After that, I would like to be able to enter the US with her as a permanent resident. We will get married in Korea, but we can choose whether or not to make that marriage legal and official. So basically we can choose where to get legally married, the US or Korea.

My goal is to choose the process that will allow my fiancee to achieve permanent status the quickest and easiest way, given that we'll be living overseas the next few years. Also important is the ability for her to be able to travel back and forth from the US and Korea without advance parole.

I know I'm probably leaving out some important details, but I'd appreciate it if some of the experts can give me their thoughts on what process would be best for me.

Thanks!

Based on what you have written above, (fiance not coming to US any time soon) I would immediately withdraw the K1 petition. Just write a notarized letter to USCIS, referring to the case number and asking for it to be withdrawn.

If you want to have her come here and achieve permanent status the quickest and easiest way, I would get married (legally) in Korea at least two years before you plan to bring her to the US. A year or so in advance of your planned move, petition for an IR1 visa. Once she has the visa in hand, she has 6 months to enter the USA. She will then qualify for and quickly be mailed a 10 year green card.

Visits in the meantime would be best as a tourist.

[meauxna 15]

My goal is to choose the process that will allow my fiancee to achieve permanent status the quickest and easiest way, given that we'll be living overseas the next few years. Also important is the ability for her to be able to travel back and forth from the US and Korea without advance parole.

Direct Consular Filing, when you are 6 months or so from wanting to move to the US.

http://www.visajourney.com/forums/index.ph...om&page=dcf

Designed for expat Americans, you'll find this to be the fastest way. Your wife can't be a Permanent Resident (Green Card) and be living abroad (well, yes, under very spedicif circs) so she will want to travel to the US as a visitor. This will be easier for her when her US citizen spouse is also living abroad.

Our case took 33 days, but there was a lot of research ahead of that, and document ordering. You will always be better off if you are prepared to pull the trigger, so don't forget to set yourself up for online everything from the US, look into maintaining your domicile in the US (Even when you don't live here, you can keep your domicile here + banking, voting, taxes etc), bring crucial docs (oringals of some bank statements, investment statements, birth cert etc) and set up a home secretary to capture an US mail you get--all the usual stuff you'd do when moving overseas.

Have a great adventure!

If you want to have her come here and achieve permanent status the quickest and easiest way, I would get married (legally) in Korea at least two years before you plan to bring her to the US. A year or so in advance of your planned move, petition for an IR1 visa.

Spot on, except he can actually petition overseas if he lives overseas. That cuts the lead time considerably!

[beameup 0]

Since you are planning on living in South Korea for the next few years, none of the mentioned visas is appropriate. If your spouse wants to visit the US regularly while you live in South Korea, apply for a vist visa. If you are married and residing in South Korea, getting a visit visa will most likely not be difficult.

If you are working in Korea for a company that is doing business in Korea or are in the U.S. Military stationed in Korea and are paying U.S. Income Taxes then you will be qualified to petition for a foreign fiance or spouse and you will not have forsaken your U.S. Domicile status and you will also be able to file an Affidavit of Support. You would have to check with the U.S. Embassy for advice on when (timing) to file the petition.

The other possibility is that you have sufficient resources (assets) and/or retirement income and can prove that you still have domicile status in the U.S. - then you could remain in Korea and return to the U.S. just prior to the spousal interview at the U.S. Embassy. However, then you would have to wait to file the petition until about 6 months to one year prior to exiting Korea and returning to the United States (depending upon the type of petition).

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

[meauxna 15]

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Domicile outside the US does not prohibit any US citizen from petitioning a foreign relative.

It does interfere with filing the I-864; no visa can be issued without an I-864.

It's pretty difficult to give up your US domicile.

[beameup 0]

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Domicile outside the US does not prohibit any US citizen from petitioning a foreign relative.

It does interfere with filing the I-864; no visa can be issued without an I-864.

It's pretty difficult to give up your US domicile.

I beg to differ with you. I know of thousands of ex-pat Americans living in the Philippines who have given up all hope of ever taking their Filipina wives to the United States because they have forsaken all ties with the U.S. territories. They have not had a "Stateside" address for years, don't pay State income taxes, don't have any bank accounts in the U.S., don't have a State drivers license, and haven't even been to the U.S. in many years, etc. They have given up their "domicile" status in the U.S. and have faced rejection of petitions for spouses by U.S. Immigration because of it.

[homesick_american 1]

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Eh? I lived overseas for years and had no 'domicile' in the US at all, and had no trouble with the I-864 whatsoever. I was the ONLY sponsor on my husband's visa application.

I beg to differ with you. I know of thousands of ex-pat Americans living in the Philippines who have given up all hope of ever taking their Filipina wives to the United States because they have forsaken all ties with the U.S. territories. They have not had a "Stateside" address for years, don't pay State income taxes, don't have any bank accounts in the U.S., don't have a State drivers license, and haven't even been to the U.S. in many years, etc. They have given up their "domicile" status in the U.S. and have faced rejection of petitions for spouses by U.S. Immigration because of it.

That sounds ridiculous; plenty of Americans living overseas are able to bring their spouses with them when they return...like US.

If a lack of domicile is the only thing holding them back, they could take the obvious step of moving back to the US and leaving their Filipina wives behind while they re-establish residency, then apply to bring them over.

[beameup 0]

Sorry, it is a requirement to be "domiciled" in the U.S. It is neither ridiculous nor funny.

These people have long since retired and lack the resources to start all over again in the U.S.

I, on the other hand, never forsook my domicile status and am returning to the U.S. to work after a 3 year

"semi-retirement".

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Eh? I lived overseas for years and had no 'domicile' in the US at all, and had no trouble with the I-864 whatsoever. I was the ONLY sponsor on my husband's visa application.

I beg to differ with you. I know of thousands of ex-pat Americans living in the Philippines who have given up all hope of ever taking their Filipina wives to the United States because they have forsaken all ties with the U.S. territories. They have not had a "Stateside" address for years, don't pay State income taxes, don't have any bank accounts in the U.S., don't have a State drivers license, and haven't even been to the U.S. in many years, etc. They have given up their "domicile" status in the U.S. and have faced rejection of petitions for spouses by U.S. Immigration because of it.

That sounds ridiculous; plenty of Americans living overseas are able to bring their spouses with them when they return...like US.

If a lack of domicile is the only thing holding them back, they could take the obvious step of moving back to the US and leaving their Filipina wives behind while they re-establish residency, then apply to bring them over.

Edited April 10, 2007 by beameup

[beameup 0]

Here is the quote: "Proving Domicile:

In order for an application for an immigrant visa to be approved, the petitioner, whether a United States citizen or a permanent resident, must be domiciled in the United States. That is, while a petitioner may spend a significant amount of time abroad, he or she must demonstrate that his or her life is based primarily in the United States, and will be for the foreseeable future.

The reason for this requirement is simple: Immigrant visas are intended to reunite families. There is no reunification to be accomplished - and therefore no reason to issue an immigrant visa - if the petitioner is not residing in the country to which the applicants intend to move.

Proving Domicile

Sorry, it is a requirement to be "domiciled" in the U.S. It is neither ridiculous nor funny.

These people have long since retired and lack the resources to start all over again in the U.S.

I, on the other hand, never forsook my domicile status and am returning to the U.S. to work after a 3 year

"semi-retirement".

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Eh? I lived overseas for years and had no 'domicile' in the US at all, and had no trouble with the I-864 whatsoever. I was the ONLY sponsor on my husband's visa application.

I beg to differ with you. I know of thousands of ex-pat Americans living in the Philippines who have given up all hope of ever taking their Filipina wives to the United States because they have forsaken all ties with the U.S. territories. They have not had a "Stateside" address for years, don't pay State income taxes, don't have any bank accounts in the U.S., don't have a State drivers license, and haven't even been to the U.S. in many years, etc. They have given up their "domicile" status in the U.S. and have faced rejection of petitions for spouses by U.S. Immigration because of it.

That sounds ridiculous; plenty of Americans living overseas are able to bring their spouses with them when they return...like US.

If a lack of domicile is the only thing holding them back, they could take the obvious step of moving back to the US and leaving their Filipina wives behind while they re-establish residency, then apply to bring them over.

[pushbrk 12,877]

If you are giving up your domicile status in the United States you will lack the ability to "petition" anyone from any country to "join you" in the U.S.

Domicile outside the US does not prohibit any US citizen from petitioning a foreign relative.

It does interfere with filing the I-864; no visa can be issued without an I-864.

It's pretty difficult to give up your US domicile.

I beg to differ with you. I know of thousands of ex-pat Americans living in the Philippines who have given up all hope of ever taking their Filipina wives to the United States because they have forsaken all ties with the U.S. territories. They have not had a "Stateside" address for years, don't pay State income taxes, don't have any bank accounts in the U.S., don't have a State drivers license, and haven't even been to the U.S. in many years, etc. They have given up their "domicile" status in the U.S. and have faced rejection of petitions for spouses by U.S. Immigration because of it.

Domicile can be re-established, even for people currently in the circumstances you describe. If they can afford to bring their spouses to the USA to live, they can take the steps needed to accomplish it.

[homesick_american 1]

Sorry, it is a requirement to be "domiciled" in the U.S. It is neither ridiculous nor funny.

These people have long since retired and lack the resources to start all over again in the U.S.

I, on the other hand, never forsook my domicile status and am returning to the U.S. to work after a 3 year

"semi-retirement".

Well, all I can tell you is I sold all of my possessions in the United States to move here to the UK. I have no job, no bank account, etc. in the USA. So tell me...precisely what must one do to forsake domicile status? I find all of this very hard to believe.

[homesick_american 1]

I should add we applied via DCF at the US Embassy in London, and these are their rules regarding domicile:

Affidavit Form I-864 - Domicile

(Only includes relevant bits)

What if I have not maintained a residence in the United States?

If you are acting as a joint sponsor you are required to show that you have maintained a residence in the United States. However, in cases where a sponsor may have abandoned his or her residence in the United States to live abroad, may have not resided there since a child, or in some cases, may never have resided there, he or she will not automatically be disqualified to act as a sponsor. In such cases, the question becomes do you intend to reestablish a residence in the United States. If this is indeed your intention and you can prove that you have or intend to re-establish U.S. residence, it may be possible for you to act as a sponsor.

You may meet this requirement by showing that you have taken or will take a credible combination of steps to make the U.S. your immediate principal place of residence. Such steps may include finding employment, locating a place to live, registering children in U.S. schools etc. In addition, you should make arrangements to abandon your residence in the United Kingdom; for example obtaining a valuation of your property from an estate agent.

As the sponsor, will I have to travel to the United States ahead of my relative to establish residence?

No, it will not be necessary for you to travel to the United States ahead of your spouse/children. However, you will be required to furnish evidence confirming the steps taken to re-establish your residence in the United States, e.g., a letter of employment, rental agreement, purchase of property, a letter from an estate agent in the United Kingdom showing the valuation of your property. Note: Your relative may not enter the United States to take up residence prior to your return to the United States. He or she may travel with you, or follow to join you at a later date

What if I have no intention of re-establishing a residence in the U.S?

In order to file an I-864, the sponsor must be a "resident" of the United States as described above. If you do not maintain a residence in the United States and have no intention of re-establishing a residence, there, I regret it will not be possible for you to act as sponsor. If you cannot act as a sponsor it will not be possible for your relative to qualify for immigration on the basis of an immigrant visa petition filed by yourself.

If I do not meet the U.S. residence requirement, can a joint sponsor file an I-864?

No, if you, as the sponsor, do not qualify because you do not meet the domicile requirement, a joint sponsor cannot be used. The sponsor must first meet all of the requirements of a sponsor, including domicile in the U.S., before there can be a joint sponsor.

http://london.usembassy.gov/cons_new/faqs/...tml#domicile001

So, why is there a different set of rules in Manila and London? Sounds fishy to me.

[beameup 0]

Sorry, it is a requirement to be "domiciled" in the U.S. It is neither ridiculous nor funny.

These people have long since retired and lack the resources to start all over again in the U.S.

I, on the other hand, never forsook my domicile status and am returning to the U.S. to work after a 3 year

"semi-retirement".

Well, all I can tell you is I sold all of my possessions in the United States to move here to the UK. I have no job, no bank account, etc. in the USA. So tell me...precisely what must one do to forsake domicile status? I find all of this very hard to believe.

That sounds more like you intend to immigrate to the United Kingdom.

When submitting the I-864 you need to demonstrate that you are financially able to take care of the one being petitioned. In other words, that the person that you are petitioning will not become a "welfare recipient" of the U.S. welfare system - a taxpayer burden. I don't make up the rules for immigration - in the first half of the last century there were many who immigrated without any means of support whatsoever. At that time, there was no "welfare system" and really not much in the way of immigration rules or laws. Times have changed since the mid-sixties when Senator Ted Kennedy assured Senators that passage of 1965 Immigration Reform would leave no one as a "charge of the state" (welfare). He lied because countless illegal aliens from south-of-the-border have been freely given welfare benefits for decades - rewarded for breaking the law. And now, the burden is even heavier on the Petitioner to financially Sponsor any immigrants being petitioned for legal immigration, hence the newer form I-864. You should read the "fine print".

Now maybe the U.S. and the U.K. have some special kind of mutual agreement regarding immigration, I don't know.

[homesick_american 1]

Sorry, it is a requirement to be "domiciled" in the U.S. It is neither ridiculous nor funny.

These people have long since retired and lack the resources to start all over again in the U.S.

I, on the other hand, never forsook my domicile status and am returning to the U.S. to work after a 3 year

"semi-retirement".

Well, all I can tell you is I sold all of my possessions in the United States to move here to the UK. I have no job, no bank account, etc. in the USA. So tell me...precisely what must one do to forsake domicile status? I find all of this very hard to believe.

That sounds more like you intend to immigrate to the United Kingdom.

I did. I'm in the UK as we speak.

When submitting the I-864 you need to demonstrate that you are financially able to take care of the one being petitioned. In other words, that the person that you are petitioning will not become a "welfare recipient" of the U.S. welfare system - a taxpayer burden.

My husband's visa has already been issued, and like I said before I was the only sponsor on the app; no co-sponsors. But thanks for the tip.

Now maybe the U.S. and the U.K. have some special kind of mutual agreement regarding immigration, I don't know.

I would not assume so. I had to jump through the same hoops to come here that are there for any other non-EU citizen. It appears to me that the US is actively discouraging immigration from the Philippines by applying one set of rules in Manila and another in London. I'm no dummy, I've read these forums and seen how a lot of British applicants sail through while ones from certain other countries hit barrier after barrier. The rules for family visas should be the same for every immigrant from every country. I think it's outrageous.