Applying K 1 visa without living in us ?

[Orlando_010 0]

Hi everyone , can you please explain me something or help with the best choise that i have to do  .

-Im a tunisian and my girlfriend ( uscitizen) lives in Europe and we would like to get married and live in us .

* - Do we have to get married in Europe then apply for the visa procedure while we are living in Europe ? 

Or 

*- she goes back to us then apply for fiance visa while im living in tunisia

Wich is the quickest and if you have other suggestions please feel free to mention .

Thanks in advance 

Edited February 9, 2018 by Orlando_010

[payxibka 10,047]

What will the USC do to prove US domicile?

[Londonergirl 133]

42 minutes ago, payxibka said:

What will the USC do to prove US domicile?

Is that necessary? I know of some Americans that lived in Europe for years with their spouses that they met there and got married - then later moved to USA together. Why do they have to prove domicile in USA when they are US citizens?

[Boiler 46,320]

4 minutes ago, Londonergirl said:

Is that necessary? I know of some Americans that lived in Europe for years with their spouses that they met there and got married - then later moved to USA together. Why do they have to prove domicile in USA when they are US citizens?

One of the requirements.

 

I think his GF posted recently.

[payxibka 10,047]

8 minutes ago, Londonergirl said:

Is that necessary? I know of some Americans that lived in Europe for years with their spouses that they met there and got married - then later moved to USA together. Why do they have to prove domicile in USA when they are US citizens?

Sure but before the petition/visa is approved, the USC must re-establish domicile.  

 

The intent of the spouse visa and fiancee visa is for residency in the US.  If the USC is not residing in the US, then how will the visa applicant  ever be able to 

[Londonergirl 133]

1 hour ago, payxibka said:

Sure but before the petition/visa is approved, the USC must re-establish domicile.  

 

The intent of the spouse visa and fiancee visa is for residency in the US.  If the USC is not residing in the US, then how will the visa applicant  ever be able to 

I was only asking as I wasn't sure. But I have met several couples who got married in Europe where the US citizen lived with a European citizen (They met there) and they later decided to move to the US and they applied for the spouse visa (Without the US citizen currently living in the US).

[payxibka 10,047]

2 minutes ago, Londonergirl said:

I was only asking as I wasn't sure. But I have met several couples who got married in Europe where the US citizen lived with a European citizen (They met there) and they later decided to move to the US and they applied for the spouse visa (Without the US citizen currently living in the US).

Like I said in my last post.  They had to re-establish domicile first.  This can be several things including but not limited to US bank accounts, employment, homestead, etc ...

[Boiler 46,320]

5 minutes ago, Londonergirl said:

I was only asking as I wasn't sure. But I have met several couples who got married in Europe where the US citizen lived with a European citizen (They met there) and they later decided to move to the US and they applied for the spouse visa (Without the US citizen currently living in the US).

Definitely happens, you can DCF through London but still need domicile.

[Nitas_man 3,100]

Intent to establish domicile is not that difficult.

 

The hard part is sponsoring you without employment in the US.  Unless she has about a jillion dollars in the bank. 

[Londonergirl 133]

11 hours ago, Boiler said:

Definitely happens, you can DCF through London but still need domicile.

But wouldn't the domicile be that he is a US citizen and that he was born there? 

[Villanelle 4,122]

8 minutes ago, Londonergirl said:

But wouldn't the domicile be that he is a US citizen and that he was born there? 

domicile definition- the country that a person treats as their permanent home, or lives in and has a substantial connection with.

 

Has nothing to do with citizenship (where you were born generally). Proving you currently have or intend to re-establish domicile is easy. It is only needed for the CR visa. The K visa does not require the parties to reside in the US. You can use it simply to come to the US and marry and leave however its an expensive process and would only be used if the immigrant can not get a B visa to come to the US to wed and they want the wedding in the US. 

[Boiler 46,320]

1 hour ago, Londonergirl said:

But wouldn't the domicile be that he is a US citizen and that he was born there? 

You have to be a USC to sponsor a K1 and if you were born in the US then in the vast vast majority of circumstances are a USC by birth.

[payxibka 10,047]

8 hours ago, Damara said:

domicile definition- the country that a person treats as their permanent home, or lives in and has a substantial connection with.

 

Has nothing to do with citizenship (where you were born generally). Proving you currently have or intend to re-establish domicile is easy. It is only needed for the CR visa. The K visa does not require the parties to reside in the US. You can use it simply to come to the US and marry and leave however its an expensive process and would only be used if the immigrant can not get a B visa to come to the US to wed and they want the wedding in the US. 

A K-1 does require the USC to have domicile in the US

[MandW 310]

The I-129F petition has to be filed by the petitioner while IN the USA, that is one of the requirements. HAS TO BE INSIDE THE USA TO FILE.

Edited February 10, 2018 by MandW

[Londonergirl 133]

14 hours ago, Damara said:

domicile definition- the country that a person treats as their permanent home, or lives in and has a substantial connection with.

 

Has nothing to do with citizenship (where you were born generally). Proving you currently have or intend to re-establish domicile is easy. It is only needed for the CR visa. The K visa does not require the parties to reside in the US. You can use it simply to come to the US and marry and leave however its an expensive process and would only be used if the immigrant can not get a B visa to come to the US to wed and they want the wedding in the US. 

Are you sure of that....? My friend married her American husband in Europe (They have lived there for years and still live there now). They are moving to the US now and she has received spouse visa and he hasn't lived there for years.