K1 for dual national(not currently living in the US)

[hello 0]

Hi there.

I am just wanting to ask for some advise - from maybe someone who has been in the same situation or who has a better knowledge of the whole subject.

Here is our story - i am a dual national, i was born outside the united states but have citizenship and an american passport and social security number through my mother who was born in the US. My father is from the UK and so I have a British passport too. I live in the UK and met my girl friend(who is a british citizen) while at university - we have been together for 4.5 years now. We hope to file for the K1 and go through the process of moving over to he US, getting married there and setting up a life there.

With me being a dual national and holding both passposrts- does this change anything? Or would i just be classed as a 'standard' citizen?

Also I have read such things as you having to prove that you are a percentage above the poverty line? How is this done? Is this me or the non citizen? Or both? Could anyone explain this finance issue regarding gaining the K1 visa and adjusting status.

I have also read it is easier if you go without the visa, get married 'out of the blue' and then apply for AOS? Is this legal?

Thanks for any advice regarding such issues.

[DakotaK1 1]

Well if you have an American passport then you are not classed as an "Alien Fiance",you are a US citizen does not matter where you live.

Why then applay for the K1 Visa? I am pretty sure you can jut go to the States get married and stay there,I dont see where the problem should be.

[JaEnglishGirl 34]

Well if you have an American passport then you are not classed as an "Alien Fiance",you are a US citizen does not matter where you live.

Why then applay for the K1 Visa? I am pretty sure you can jut go to the States get married and stay there,I dont see where the problem should be.

It's his girlfriend he's concerned about.

Read the post.

[hello 0]

Hi. sorry if i didnt make it clear but yes - my girlfriend is a british citizen - i am a dual citizen, US and British - will she not need to get the K1 visa?

[Otto 83]

Hi there.

I am just wanting to ask for some advise - from maybe someone who has been in the same situation or who has a better knowledge of the whole subject.

Here is our story - i am a dual national, i was born outside the united states but have citizenship and an american passport and social security number through my mother who was born in the US. My father is from the UK and so I have a British passport too. I live in the UK and met my girl friend(who is a british citizen) while at university - we have been together for 4.5 years now. We hope to file for the K1 and go through the process of moving over to he US, getting married there and setting up a life there.

With me being a dual national and holding both passposrts- does this change anything? Or would i just be classed as a 'standard' citizen?

Also I have read such things as you having to prove that you are a percentage above the poverty line? How is this done? Is this me or the non citizen? Or both? Could anyone explain this finance issue regarding gaining the K1 visa and adjusting status.

I have also read it is easier if you go without the visa, get married 'out of the blue' and then apply for AOS? Is this legal?

Thanks for any advice regarding such issues.

"Hello"

The dual-citizenship won't really come into play if you plan to marry in the US - your foreign fiancé will still need a visa. However it might make it easier for you to marry in the UK, then file for a K3/CR-1.

As for poverty lines - this refers to your income (the US citizen) or assets - they want to know your foreign fiancé will not become a burden to the 'system' upon arrival.

Marry in the US 'out of the blue' ? It's not legal - but that doesn't mean it doesn't happen.

Take a look at the Guides - specifically the Which Visa is Right For Me section to get familiar with your different options.

Hope this helps..

[hello 0]

Hi there.

I am just wanting to ask for some advise - from maybe someone who has been in the same situation or who has a better knowledge of the whole subject.

Here is our story - i am a dual national, i was born outside the united states but have citizenship and an american passport and social security number through my mother who was born in the US. My father is from the UK and so I have a British passport too. I live in the UK and met my girl friend(who is a british citizen) while at university - we have been together for 4.5 years now. We hope to file for the K1 and go through the process of moving over to he US, getting married there and setting up a life there.

With me being a dual national and holding both passposrts- does this change anything? Or would i just be classed as a 'standard' citizen?

Also I have read such things as you having to prove that you are a percentage above the poverty line? How is this done? Is this me or the non citizen? Or both? Could anyone explain this finance issue regarding gaining the K1 visa and adjusting status.

I have also read it is easier if you go without the visa, get married 'out of the blue' and then apply for AOS? Is this legal?

Thanks for any advice regarding such issues.

"Hello"

The dual-citizenship won't really come into play if you plan to marry in the US - your foreign fiancé will still need a visa. However it might make it easier for you to marry in the UK, then file for a K3/CR-1.

As for poverty lines - this refers to your income (the US citizen) or assets - they want to know your foreign fiancé will not become a burden to the 'system' upon arrival.

Marry in the US 'out of the blue' ? It's not legal - but that doesn't mean it doesn't happen.

Take a look at the Guides - specifically the Which Visa is Right For Me section to get familiar with your different options.

Hope this helps..

Thank you for your help.

Regarding my income and the poverty line - Once she gets AOS she will be able to work too so is this just to cover the months leading up to applying for AOS? Also regarding my income will this be taken into account for the K1 visa or adjusting her status? or both? Sorry for all the questions - im just trying to get my head around the whole situation. Also on the same topic - if its regarding my income - will this be at the time of applying as that would be fine but when we move over the US i will be leaving my job and there will be a period of time where i will be looking of work out there - will this effect any of this?

Thanks once again for your help.

[Otto 83]

Hi there.

I am just wanting to ask for some advise - from maybe someone who has been in the same situation or who has a better knowledge of the whole subject.

Here is our story - i am a dual national, i was born outside the united states but have citizenship and an american passport and social security number through my mother who was born in the US. My father is from the UK and so I have a British passport too. I live in the UK and met my girl friend(who is a british citizen) while at university - we have been together for 4.5 years now. We hope to file for the K1 and go through the process of moving over to he US, getting married there and setting up a life there.

With me being a dual national and holding both passposrts- does this change anything? Or would i just be classed as a 'standard' citizen?

Also I have read such things as you having to prove that you are a percentage above the poverty line? How is this done? Is this me or the non citizen? Or both? Could anyone explain this finance issue regarding gaining the K1 visa and adjusting status.

I have also read it is easier if you go without the visa, get married 'out of the blue' and then apply for AOS? Is this legal?

Thanks for any advice regarding such issues.

"Hello"

The dual-citizenship won't really come into play if you plan to marry in the US - your foreign fiancé will still need a visa. However it might make it easier for you to marry in the UK, then file for a K3/CR-1.

As for poverty lines - this refers to your income (the US citizen) or assets - they want to know your foreign fiancé will not become a burden to the 'system' upon arrival.

Marry in the US 'out of the blue' ? It's not legal - but that doesn't mean it doesn't happen.

Take a look at the Guides - specifically the Which Visa is Right For Me section to get familiar with your different options.

Hope this helps..

Thank you for your help.

Regarding my income and the poverty line - Once she gets AOS she will be able to work too so is this just to cover the months leading up to applying for AOS? Also regarding my income will this be taken into account for the K1 visa or adjusting her status? or both? Sorry for all the questions - im just trying to get my head around the whole situation. Also on the same topic - if its regarding my income - will this be at the time of applying as that would be fine but when we move over the US i will be leaving my job and there will be a period of time where i will be looking of work out there - will this effect any of this?

Thanks once again for your help.

When you file for AOS, you'll have to prove your income (again) so it's taken into account both for the K1 and AOS. As for supporting yourself (and new bride) in the US once moving here - you should consider this a priority and not let there be an extreme gap in you income.

Essentially you'll need a letter from your (new employer), some pay stubs, your previous IRS transcripts - or Tax forms...but this is just a thumbnail outline and may differ for your particular situation.

Check the Guides (again) to get familiar with the requirements since it's somewhat repetitive to repeat them here. Needless to say - what you're thinking of doing is not new and many have done the same successfully.

[pushbrk 12,898]

Hi there.

I am just wanting to ask for some advise - from maybe someone who has been in the same situation or who has a better knowledge of the whole subject.

Here is our story - i am a dual national, i was born outside the united states but have citizenship and an american passport and social security number through my mother who was born in the US. My father is from the UK and so I have a British passport too. I live in the UK and met my girl friend(who is a british citizen) while at university - we have been together for 4.5 years now. We hope to file for the K1 and go through the process of moving over to he US, getting married there and setting up a life there.

With me being a dual national and holding both passposrts- does this change anything? Or would i just be classed as a 'standard' citizen?

Also I have read such things as you having to prove that you are a percentage above the poverty line? How is this done? Is this me or the non citizen? Or both? Could anyone explain this finance issue regarding gaining the K1 visa and adjusting status.

I have also read it is easier if you go without the visa, get married 'out of the blue' and then apply for AOS? Is this legal?

Thanks for any advice regarding such issues.

"Hello"

The dual-citizenship won't really come into play if you plan to marry in the US - your foreign fiancé will still need a visa. However it might make it easier for you to marry in the UK, then file for a K3/CR-1.

As for poverty lines - this refers to your income (the US citizen) or assets - they want to know your foreign fiancé will not become a burden to the 'system' upon arrival.

Marry in the US 'out of the blue' ? It's not legal - but that doesn't mean it doesn't happen.

Take a look at the Guides - specifically the Which Visa is Right For Me section to get familiar with your different options.

Hope this helps..

Thank you for your help.

Regarding my income and the poverty line - Once she gets AOS she will be able to work too so is this just to cover the months leading up to applying for AOS? Also regarding my income will this be taken into account for the K1 visa or adjusting her status? or both? Sorry for all the questions - im just trying to get my head around the whole situation. Also on the same topic - if its regarding my income - will this be at the time of applying as that would be fine but when we move over the US i will be leaving my job and there will be a period of time where i will be looking of work out there - will this effect any of this?

Thanks once again for your help.

The best way to learn about the process is to read the guides and study other threads here. Then come back with specific questions. If you don't study the applicable information first, and just ask questions you may be upleasantly surprised by something you never thought to ask. For instance, you are going to need to file at least one and preferably the last three US tax returns, even though you may not owe any taxes on your foreign income. You have a lot to learn but the information is all available.

Examine all your options carefully. Unless there is a compelling reason you want your marriage to take place in the US, you might find your best option is to marry in the UK and have your "wife" come on a CR1 visa that allows her to work right away.

Edited May 28, 2007 by pushbrk

[msu17 0]

I agree with the CR1 option. People usually go K1 because it is faster, but once here you need to apply for the greencard. On CR1 she will get the greencard and you can skip AOS. It takes longer for her to get to the US, but saves you time in the long run for the AOS and I would guess saves you money. And is DCF reinstated? Could they do that?

[hello 0]

i have read the info regarding the poverty level and could i just ask a couple of questions regarding this. I am currently living in the uk as im a dual national and once i convert my annual salary into US dollars I am over the 125% of the poverty level for the united states(do i go by the state we are moving to)- is this how it would work?

how would this be effected once i quit my job(if we are successful in the K1 application) - there would be a period of time that i would be without employment - does this mean we wouldn't be able to apply for AOS untill we were above the 125% again.

what we plan on doing is using a relatives address in the united states as our address when we get there but we are wanting to live and set up home in a different state. would we be better off just using my relatives address throughout so there is no mix up or delay in changing addresses on forms? also as we are both live in the UK where do we apply for our K1? The service centre that covers the state my relative lives in or would london carry this service for us?

Sorry for all the questions but thanks very much for everyone helping us to understand the process.

[hello 0]

can anyone possibly help regarding these questions?

thanks so much!

[wildllama 0]

I can answer a couple of your questions as I am also living overseas and filed two months ago. If you read the instructions for the I-129F form, it states that if you are living outside the US then you should file with the service center that covers your last address where you lived in the US. Before I moved to Japan I was in Ohio so I filed with the Nebraska Service Center (even though NSC and TSC are all being forwarded to California you should still file where they tell you to) It's also fine to use a relatives address in the US but I don't think it's too difficult to change once you have moved and settled somewhere.

About the income, you can get a co-sponser if you know someone who would be willing to sponser you on the I-134 (I think) This eliminates your gap when you move. But if you have money in the bank, a new job and tax returns, it shouldn't be a problem.

Good luck and read all the info here, it helps a lot. Before I found this site I was ready to give up and just stay in Japan.

[Dan J 277]

If you meet the requirements for DCF, it might be easier to file for CR-1 as you can apply directly to the embassy. Your fiancee will also get a green card as soon as she enters the US on a CR-1 visa. It will also probably be alot easier for the two of you to make the move together.

If you take the K-1 route, I do believe you need an address in the US to receive the notifications. A relatives or friends address would work fine.

[hello 0]

I can answer a couple of your questions as I am also living overseas and filed two months ago. If you read the instructions for the I-129F form, it states that if you are living outside the US then you should file with the service center that covers your last address where you lived in the US. Before I moved to Japan I was in Ohio so I filed with the Nebraska Service Center (even though NSC and TSC are all being forwarded to California you should still file where they tell you to) It's also fine to use a relatives address in the US but I don't think it's too difficult to change once you have moved and settled somewhere.

About the income, you can get a co-sponser if you know someone who would be willing to sponser you on the I-134 (I think) This eliminates your gap when you move. But if you have money in the bank, a new job and tax returns, it shouldn't be a problem.

Good luck and read all the info here, it helps a lot. Before I found this site I was ready to give up and just stay in Japan.

hi there.

thank you for your reply and the information you provide. - i have never liven in the US so don't have a previous address there. if i contact the embassy here in the UK would they be able to help and give answers to my specific questions?

thank you once again.

[gag54611 1]

I'll try to address your various questions first:

Holding dual nationality makes no difference. In the eyes of the USA, the important thing is that you hold US citizenship.

Regarding the poverty line (which is a federal guideline by the way, not dependent on which state you will move to). If you are proving it with income, I believe that the expectation is that it is US earned income. If you have no US earned income, then you can prove it with assets. Assets have to be at least 3 times as much as the poverty line. This applies to you, because you are expected to support your new wife without her being a burden on the state. This paragraph applies to the I-134 that you submit in order to get the K-1. Can you use your UK income? No, because you won't have that job after you move to the USA.

Also regarding the poverty line, when you file for AOS you file another financial document (I-864). This document is legally binding on you, or your co-sponsors, that your new wife will not become a burden on the state for 10 years or 40 working quarters, whichever comes later. So, no, your new wife's income doesn't count because she can't work while waiting for the EAD/Green Card.

For both financial submissions (I-134 and I-864), if you cannot meet the guideline then you will need co-sponsors. Especially for the AOS, your co-sponsors should be made aware of the legal and financial burden that the I-864 could place on them.

Regarding where you should file. I think that you should use the service center that covers your relative's current location. When you file for AOS, if you have already moved then you can use the new address. You can always file an AR-11 form to change address, or I believe that you can now also change your address by phone.

The London consulate might help you with some of this, but they are often not too quick in responding.

Here's my 2c:

If you have never lived in the US, then there may be a question of domicile. It may be that you will need to establish domicile over here before you come over. I'm not sure though.

Since you have never lived here, perhaps your best plan is to get married in the UK, file for the CR-1 and then both yourself and your wife can work as soon as you get here. The CR-1 results in your wife getting a green card immediately (within 3 or 4 weeks anyway) on arrival. This way, you can continue to live and work in the UK together while the application is pending, rather than you coming over here and then your fiancee following several months later once the K-1 has been approved. Of course, the K-1 option gives you the chance to get a job and establish domicile.

You should check with the consulate as to whether you can apply for CR-1. I've only ever heard of it being used by US citizens who have 'unlimited leave to remain'. Your situation is a tad different since you are most likely living in the UK as a UK citizen. I'm not sure if that automatically qualifies you as having unlimited leave to remain since you aren't living there as a US citizen. Have you filed US tax returns while in the UK? That might be something in your favor. Anyway, this is a gray area for me, so you should check it out.

If you take the K-1 option, your wife will not be able to work until she has either her green card or Employment Authorization Document (EAD). This would mean that she wouldn't be in a position to work for roughly 4 to 6 months after your arrival.

All things to consider!!

Best of luck,

G