Interview at different consulate while residency still processing?

[Sam.S 0]

Hello! I want to submit the I-129F as soon as possible on behalf of my fiancé who is Colombian. However, we are both currently living in Lima, Peru. He has already applied for a work visa which is currently being processed, but it will be at least a month-- or even longer-- before he has the actual Peruvian visa in his passport.

 

Is it still possible to request that the K1 (interview, etc) be handled in Lima, without being able to show a valid residency visa when submitting the I-129F? If so, what type of documentation do we need to include along with the I-129F? 

 

Thank you! 

 

[geowrian 22,338]

You just need to list their address. No documentation of their address is needed. They will need to have legal residence before the interview (in ~8-11 months or so). If not, they can transfer the case to another consulate where they have legal residence at that time.

 

Edit: Also...if you plan to live there for the time being, why not marry there and do DCF? Peru supports DCF. it is MUCH faster than even a K-1...a few months or so typically, and she would get permanent residency upon arrival, which is a massive plus over a K-1 (they need AOS...long wait, over twice the total cost, can't work or travel abroad for several months, etc.).

Just note you'll need to show US domicile and ability to support your then-wife (just as you need to do for a K-1 anyway, just with a different form).

Edited June 4, 2018 by geowrian

[Sam.S 0]

3 hours ago, geowrian said:

You just need to list their address. No documentation of their address is needed. They will need to have legal residence before the interview (in ~8-11 months or so). If not, they can transfer the case to another consulate where they have legal residence at that time.

 

Edit: Also...if you plan to live there for the time being, why not marry there and do DCF? Peru supports DCF. it is MUCH faster than even a K-1...a few months or so typically, and she would get permanent residency upon arrival, which is a massive plus over a K-1 (they need AOS...long wait, over twice the total cost, can't work or travel abroad for several months, etc.).

Just note you'll need to show US domicile and ability to support your then-wife (just as you need to do for a K-1 anyway, just with a different form).

Thank you for the answer! That's really helpful.

 

I would love to be able to do DCF, but from my understanding, we'd both need legal residence in Peru in order to file the DCF here. (Definitely correct me if I'm wrong about that). I haven't been able to submit my visa application yet (another complicated immigration process), and even after I submit my visa application, it could be several months of limbo before I know whether my Peruvian visa has been granted. And worse, there's a chance that I won't be able to get the Peruvian visa successfully, in which case I'll have to leave the country and can't return until 2019. So, we wouldn't want to marry here only to be unable to do the DCF K-3, and then be left without possibility of the K-1.  

 

Open to suggestions though if anyone has any! 

[geowrian 22,338]

21 minutes ago, Sam.S said:

I would love to be able to do DCF, but from my understanding, we'd both need legal residence in Peru in order to file the DCF here. (Definitely correct me if I'm wrong about that). I haven't been able to submit my visa application yet (another complicated immigration process), and even after I submit my visa application, it could be several months of limbo before I know whether my Peruvian visa has been granted. And worse, there's a chance that I won't be able to get the Peruvian visa successfully, in which case I'll have to leave the country and can't return until 2019. So, we wouldn't want to marry here only to be unable to do the DCF K-3, and then be left without possibility of the K-1.  

 

Open to suggestions though if anyone has any! 

Ah, I thought you had that already ("we are both currently living in Peru"). That said, the petitioner doesn't always need legal residence...sometimes just (legal) physical presence for x months (usually 6+) is enough. It's worth contacting the embassy and finding out their specific requirements, though. The specifics for DCF requirements vary heavily from consulate to consulate.

For reference, it would be DCF for a CR-1/IR-1. K-3 is effectively dead / obsolete.

 

Just some thoughts...hope it helps.

[Sam.S 0]

Sorry, it is confusing. I've been in Peru for almost 6 months on a tourist visa. I'm waiting for my employer to incorporate here in Peru and thus sponsor a work visa. It's not ideal to be undertaking two complicated visa processes at the same time but here we are. I know we're not the only ones! 

 

Your advice definitely helps, thank you!!