Unsure if eligible for K-1

[Yugo1996 9]

Hello everyone. 
I'm a U.S. Citizen currently living in Bosnia and Herzegovina, I am currently finishing up my degree in Computer Science and have been here for 7 years. My fiancee and I have been engaged for 5 years and have been living together since our engagement, and we have a 3 year old son together. 
We are gathering all the necessary documents needed to apply for a K-1/ I-129F, as I will be leaving for the states soon. When I get back, I will be living with my parents until I'm able to find a job and an apartment.
My only concern is that, will we get denied since I do not have a job in the U.S. and are my parents able to be their sponsor, they are also U.S. citizens and work in the states?

Thank you ahead, as any help is much appreciated! 

Edited March 11, 2019 by Yugo1996

[Chris Duffy 1,257]

What about doing DCF there?  Is it available?  Google Direct Consular Filing

[Khallaf 650]

3 minutes ago, Yugo1996 said:

Hello everyone. 
I'm a U.S. Citizen currently living in Bosnia and Herzegovina, I am currently finishing up my degree in Computer Science and have been here for 7 years. My fiancee and I have been engaged for 5 years and have been living together since our engagement, and we have a 3 year old son together. 
We are gathering all the necessary documents needed to apply for a K-1/ I-129F, as I will be leaving for the states soon. When I get back, I will be living with my parents until I'm able to find a job and an apartment.
My only concern is that, will we get denied since I do not have a job in the U.S. and are my parents able to be their sponsor, they are also U.S. citizens and work in the states?

Thank you ahead, as any help is much appreciated! 

yes your parents can sponsor, I would however recommend you look at your options

 

and chose between K1 and CR1

 

both pros and cons and what is best for your type of situation 

[MeghanK 629]

Just now, Yugo1996 said:

Hello everyone. 
I'm a U.S. Citizen currently living in Bosnia and Herzegovina, I am currently finishing up my degree in Computer Science and have been here for 7 years. My fiancee and I have been engaged for 5 years and have been living together since our engagement, and we have a 3 year old son together. 
We are gathering all the necessary documents needed to apply for a K-1/ I-129F, as I will be leaving for the states soon. When I got back, I will be living with my parents until I'm able to find a job and an apartment.
My only concern is that, will we get denied since I do not have a job in the U.S. and are my parents able to be their sponsor, they are also U.S. citizens and work in the states?

Thank you ahead, as any help is much appreciated! 

You should definitely consider a spousal visa instead of K1. Do you *have* to go back to the states soon? Someone will be here soon I'm sure to explain to you the benefits of one vs the other. 

 

You might have to prove your domicile in the U.S., depending on when you go back to US vs when you plan to file. So keep that in mind.

 

If your parents meet the income requirements they can sponsor you, it's okay if you don't have a job as long as parents qualify. 

[Khallaf 650]

5 minutes ago, Chris Duffy said:

What about doing DCF there?  Is it available?  Google Direct Consular Filing

I didn't find a DCF for his location

[Crazy Cat 41,865]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[Yugo1996 9]

Firstly, Thank you all. Making this a lot easier.

I could not find a DCF in my country but I will try and call the Embassy tomorrow.

We are open to getting married here in BiH and then applying for a CR-1, the only situation we have is that we don't want to be separated for too long. Which ever option gets us together faster is the option we are willing to go.  We were told that the K-1/I-129F is the fastest, and that it would take a while for them to obtain a Green Card and would not be able to leave the country, which isn't a problem for us.

I do not need to leave for the states, but I thought it was a requirement for me to live in the states and be domicile in order for them to get accepted. 

Thank you all again for such quick responses.

[Khallaf 650]

10 minutes ago, Yugo1996 said:

Firstly, Thank you all. Making this a lot easier.

I could not find a DCF in my country but I will try and call the Embassy tomorrow.

We are open to getting married here in BiH and then applying for a CR-1, the only situation we have is that we don't want to be separated for too long. Which ever option gets us together faster is the option we are willing to go.  We were told that the K-1/I-129F is the fastest, and that it would take a while for them to obtain a Green Card and would not be able to leave the country, which isn't a problem for us.

I do not need to leave for the states, but I thought it was a requirement for me to live in the states and be domicile in order for them to get accepted. 

Thank you all again for such quick responses.

these days the K1 is taking almost as long as the CR1 and the CR1 is a less expensive route, you can mail it from overseas and finish school while its in process.

[Khallaf 650]

14 minutes ago, Yugo1996 said:

Firstly, Thank you all. Making this a lot easier.

I could not find a DCF in my country but I will try and call the Embassy tomorrow.

We are open to getting married here in BiH and then applying for a CR-1, the only situation we have is that we don't want to be separated for too long. Which ever option gets us together faster is the option we are willing to go.  We were told that the K-1/I-129F is the fastest, and that it would take a while for them to obtain a Green Card and would not be able to leave the country, which isn't a problem for us.

I do not need to leave for the states, but I thought it was a requirement for me to live in the states and be domicile in order for them to get accepted. 

Thank you all again for such quick responses.

you will have to show proof of domicile as part of the NVC process, many have used parents, address, started a bank account using that address or have a voters registration for that address, maybe a car loan or lease, anything that proves you have mail going to that address is proof of domicile.  

Edited March 11, 2019 by Khallaf

[MeghanK 629]

5 minutes ago, Yugo1996 said:

Firstly, Thank you all. Making this a lot easier.

I could not find a DCF in my country but I will try and call the Embassy tomorrow.

We are open to getting married here in BiH and then applying for a CR-1, the only situation we have is that we don't want to be separated for too long. Which ever option gets us together faster is the option we are willing to go.  We were told that the K-1/I-129F is the fastest, and that it would take a while for them to obtain a Green Card and would not be able to leave the country, which isn't a problem for us.

I do not need to leave for the states, but I thought it was a requirement for me to live in the states and be domicile in order for them to get accepted. 

Thank you all again for such quick responses.

K1 sounds right for you then. BUT, you don't need to be in the U.S. to apply for the K1 though, maybe not even for the Cr1/Ir1 either. You can stay with your fiance while the app processes - def for K1. Just need to prove domicile in U.S. or plans to re-establish at the interview stage.

 

I'll let others weigh in on domicile rules for spousal visa...

[Khallaf 650]

5 minutes ago, MeghanK said:

K1 sounds right for you then. BUT, you don't need to be in the U.S. to apply for the K1 though, maybe not even for the Cr1/Ir1 either. You can stay with your fiance while the app processes - def for K1. Just need to prove domicile in U.S. or plans to re-establish at the interview stage.

 

I'll let others weigh in on domicile rules for spousal visa...

you do not need to be in the USA to file for CR1, many have done it from overseas as long as you can prove the domicile requirement or the intention to re-establish.

[MeghanK 629]

1 minute ago, Khallaf said:

you do not need to be in the USA to file for CR1, many have done it from overseas as long as you can prove the domicile requirement or the intention to re-establish.

Nice! 

 

OP - if time apart is your only issue and you are personally able to stay with your fiance longer, you should strongly consider the spousal visa over K1

[Yugo1996 9]

Thank you all greatly!

Really happy to hear, that I do not need to go to the states and leave my family in order for them to be able to obtain a Visa. I have a few months until I finish school. I will go ahead and move on with the CR1 as it makes the most sense to be honest.

Thank you all very much!