K1 Visa DS-160 Question USC petitioner living abroad

[J&B 52]

Hi Fellow Visa Journeyers,

 

I am currently busy filling out the DS-160 and got stumped by two questions or section that I am not sure how to proceed on. Under the Family section, there are two further subsections called 'Relatives' and 'Fiancé/Fiancée' respectively.

 

To understand my confusion with these seemingly easy questions, a bit of background is necessary. 

 

We are a same-sex couple, both living and working in Seoul, South Korea. he is an American and I am South African. We are both planning to move to the US later this year. We know we will face a few unique challenges with regards to the affidavit of support and proof of the USC's intent to re-establish domicile. We have a co-sponsor, a place to live rent-free for a year or for as long as we need, and a well-thought-out plan to secure ourselves financially. Usually, when people file for K1 visas the USC is in the United States and therefore the following questions would be easy to answer. 

 

My questions:

1. Under Relatives is the question: Do you have any immediate relatives, not including parents, in the United States? (You have to click YES or NO). I opted to click YES. Is this right, even though he is not physically present in the US right now?

2. Under the Fiancé/Fiancée, I have to fill out his address. Which address do I fill out? The one where we will live for the first year of marriage in the States? Or the one we live at right now in Korea? 

 

Any advice would be greatly appreciated. 

[Perfect two 💑 1,147]

12 hours ago, J&B said:

Hi Fellow Visa Journeyers,

 

I am currently busy filling out the DS-160 and got stumped by two questions or section that I am not sure how to proceed on. Under the Family section, there are two further subsections called 'Relatives' and 'Fiancé/Fiancée' respectively.

 

To understand my confusion with these seemingly easy questions, a bit of background is necessary. 

 

We are a same-sex couple, both living and working in Seoul, South Korea. he is an American and I am South African. We are both planning to move to the US later this year. We know we will face a few unique challenges with regards to the affidavit of support and proof of the USC's intent to re-establish domicile. We have a co-sponsor, a place to live rent-free for a year or for as long as we need, and a well-thought-out plan to secure ourselves financially. Usually, when people file for K1 visas the USC is in the United States and therefore the following questions would be easy to answer. 

 

My questions:

1. Under Relatives is the question: Do you have any immediate relatives, not including parents, in the United States? (You have to click YES or NO). I opted to click YES. Is this right, even though he is not physically present in the US right now?

2. Under the Fiancé/Fiancée, I have to fill out his address. Which address do I fill out? The one where we will live for the first year of marriage in the States? Or the one we live at right now in Korea? 

 

Any advice would be greatly appreciated. 

Are you the beneficiary or petitioner?

 

For question
1) the answer should be no since it is related to you (beneficiary). Petitioner is not your relative. Unless you are having other immediate relative there, you can answer yes for this. 

 

2) May I know which part is it? You should at least provide the part for others to help you. 

[J&B 52]

3 hours ago, Perfect two 💑 said:

Are you the beneficiary or petitioner?

 

For question
1) the answer should be no since it is related to you (beneficiary). Petitioner is not your relative. Unless you are having other immediate relative there, you can answer yes for this. 

 

2) May I know which part is it? You should at least provide the part for others to help you. 

@Perfect two 💑 Sorry if I wasn't explicit or more clear in my post. I am the beneficiary. It is the beneficiary who has to fill out the DS-160.

 

About the first question that I asked about: The help function on the website (located just next to the question I am referring to) defines relatives as follows:

 

"Immediate Relatives Means fiancé/fiancée, spouse (husband/wife), child (son/daughter), or sibling (brother/sister)."

The question asks: "Do you have any immediate relatives, not including parents, in the United States?" By that definition, the petitioner, my fiance is my relative, but I am struggling with whether to say yes because of his physical address at this moment in time. 

 

About the second question. It is located under Family and then you click on Fiance/Fiancee. The problem is that the USC lives outside the US  

[JFH 12,190]

He's not in the USA so the answer is "no". Unless you have any other relatives there.