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Jgbell

K1 Visa - US citizen is permanent resident in NZ

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Filed: K-1 Visa Country: New Zealand
Timeline

Hi all, a few questions. I'm an American that has lived and worked in New Zealand for 7 years. My girlfriend (she is from NZ) and I have been together for 5 years, live together, and just got engaged. We would like to move to the States and get married there, start a new life there.

 

Looking at the K1 visa, it looks like I would need a co-sponsor since I would leave my job here when we move. Is this correct? I have a bank account in the US & current US driver's license, but my job and all my money is in NZ and I use my NZ account mainly since I live here. I have filed taxes in the US every year abroad (though all my income is in NZ).

 

My mom and dad are both in the US and happy to help. If one of them is a co-sponsor I'd like to know WHEN they (and I?) fill out the I-134. Do I send it with my initial I-129 form, or is it needed later in the application process?

 

Any information would be greatly appreciated!

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I-134 is only needed at the K-1 interview stage at her local embassy. Not an issue now. However, as the petitioner, you need to be domiciled in the US :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Filed: K-1 Visa Country: New Zealand
Timeline
10 minutes ago, KULtoATL said:

I-134 is only needed at the K-1 interview stage at her local embassy. Not an issue now. However, as the petitioner, you need to be domiciled in the US :)

I'm kind of worried about being "domiciled" since I live abroad. Even though I don't live in the US I do have bank accounts there, have voted in US elections, have renewed my driver's license, filed taxes, visited a couple times each year to see family and friends - with intensions to one day move back. Is this something I would explain in my cover letter with supporting evidence in the I-129 package?

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16 minutes ago, Jgbell said:

I'm kind of worried about being "domiciled" since I live abroad. Even though I don't live in the US I do have bank accounts there, have voted in US elections, have renewed my driver's license, filed taxes, visited a couple times each year to see family and friends - with intensions to one day move back. Is this something I would explain in my cover letter with supporting evidence in the I-129 package?

What all you've done thus far will work in your favour :) Perhaps just note that you're moving back to the US And if you've got a new lease or job lined up in the US event better. 

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Filed: K-1 Visa Country: New Zealand
Timeline
1 minute ago, Dee elle said:

You need to be moving back to the US with the intention of marrying under the K1 visa rules your fiance gets, and then remaining in the US. You must already be in the US or enter at the same time as the beneficiary. If you plan to move back to the US at some later stage, not in conjunction with the K1 process, then the K1 is not the visa your fiance needs. This visa is for family reunion in the US. If you dont plan to live in the US from the time of your marraige, which must happen in the US within 90 days of your fiance arriving,  it  this doesnt fit your situation. It is not a visit and leave visa that you can use again. K1 is a 1 time visa which allows adjustment of status from visitor to resident once the marraige takes place, providing the marraige occurred within 90 days of entry and in the US. 

Yes, that's the plan - we live together in NZ now but will be moving together to the US and marrying there, then living there permanently.

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