Me and my fiancee want to live in the US

[TNJ17 1,329]

You aren’t a resident. You’re gonna have to go back to the US and establish residency which is gonna take a few years if you want to move back to the US. Like others said, it might be better to stay in France. Unless you want to do the long distance thing until you get the residency requirements. Then start a process to bring your spouse to the US. 

[geowrian 22,338]

Residency in the US isn't required. US domicile, or sufficient evidence of intent to establish US domicile, is required.

 

Given that he has lived abroad for so long, they will very likely set a high bar for showing domicile. IMO, this will likely mean having to come to the US before the visa is issued.

The other issue is the financial requirements for the affidavit of support...it sounds like the OP may not know any suitable joint sponsors in the US, so establishing a suitable US-based job (and place to live to go alongside it) would be the way to go.

[TNJ17 1,329]

1 hour ago, geowrian said:

Residency in the US isn't required. US domicile, or sufficient evidence of intent to establish US domicile, is required.

 

Given that he has lived abroad for so long, they will very likely set a high bar for showing domicile. IMO, this will likely mean having to come to the US before the visa is issued.

The other issue is the financial requirements for the affidavit of support...it sounds like the OP may not know any suitable joint sponsors in the US, so establishing a suitable US-based job (and place to live to go alongside it) would be the way to go.

She needs tax returns for 3 years which she has none. So she’s gonna need to become a resident somewhere. 

[Kastrs 723]

6 minutes ago, TNJ17 said:

She needs tax returns for 3 years which she has none. So she’s gonna need to become a resident somewhere. 

No she does not, not if there is a co sponsor and she was not required to file taxes

[geowrian 22,338]

22 minutes ago, TNJ17 said:

She needs tax returns for 3 years which she has none. So she’s gonna need to become a resident somewhere. 

Tax returns have nothing to do with residency. USCs are required to file taxes based on their income level using thew same rules whether in the US or abroad.

If taxes were not filed but were required to have been filed, then that must be settled before they can qualify for the I-864. If taxes were not  required to be filed because their income was below the thresholds to file, then a signed letter stating as such is permitted in lieu of an income tax return.

 

Edit: Tax returns are only one part of showing current income. For a regular wage earner (with no commission/bonus/tips/etc.), the same rules as above apply, but pay stubs and an employment letter act as primary evidence of current income. Or a joint sponsor can be used.

Edited December 6, 2017 by geowrian

[Coco8 1,042]

I think that for the K-1 visa to work and because you don't seem to have a support system in the US, you need to:

 

1- Move to the US and get a job. For a K-1 you have to show a salary of at least 20,000 dollars a year. You could get a sponsor who is either a US citizen living in the US or a permanent resident living in the US. You do not seem to have that.

 

2- You need to file taxes from the time you turned 18 and keep filing taxes. You will probably not owe any taxes but you do have to file them.

 

3- Getting a job will already allow you to prove domicile.

 

Take into consideration that visas for Moroccan nationals are hard to get. Plus, there is a lot of money involved in K1 visas at every stage, plus one in the US filing for AOS is expensive. 

[Boiler 46,322]

Sounds like you need a job and a domicile.

 

Assuming you have no one to Joint Sponsor or significant savings,.

[BuiQuang 95]

4 hours ago, geowrian said:

Residency in the US isn't required. US domicile, or sufficient evidence of intent to establish US domicile, is required.

 

Given that he has lived abroad for so long, they will very likely set a high bar for showing domicile. IMO, this will likely mean having to come to the US before the visa is issued.

The other issue is the financial requirements for the affidavit of support...it sounds like the OP may not know any suitable joint sponsors in the US, so establishing a suitable US-based job (and place to live to go alongside it) would be the way to go.

how she gonna met intent to establish us domicile when the last time she was a resident was in second grade?  how she gonna convince us embassy without actually going to us to establish residency.  in this case, residency will be required.

 

[geowrian 22,338]

8 minutes ago, BuiQuang said:

how she gonna met intent to establish us domicile when the last time she was a resident was in second grade?  how she gonna convince us embassy without actually going to us to establish residency.  in this case, residency will be required.

I was explaining the requirement. I followed that quote by stating that I don't think that intent to establish domicile will be sufficient, and they will likely need to actually come to the US first to establish domicile.

Residency is still not required. Domicile != Residency.