Living overseas applying for K1 questions

[payxibka 10,047]

7 minutes ago, cmkl said:

Just to check, is the proof of income requested when the K1 is filed, or after marrying and applying for adjustment of status? 

Both at the embassy and AOS 

[cmkl 0]

6 minutes ago, payxibka said:

Both at the embassy and AOS 

So if still living overseas at time of filing the I-129F , could we use a co sponsor? 

[Ontarkie 14,493]

As you are both working in Canada, you need to understand how strict Canada is with Domicile. Your fiance will not meet Canada's requirement with just plans to move back. They almost always require the USC to be back in the US working before they will approve the visa. Take a look at the Canada forum and read this thread. 

 

 

[geowrian 22,338]

3 minutes ago, cmkl said:

So if still living overseas at time of filing the I-129F , could we use a co sponsor? 

When you file the I-129F, you can be anywhere. But domicile is something they will address when applying for the visa (after I-129F approval).

[SalishSea 18,144]

59 minutes ago, cmkl said:

So if still living overseas at time of filing the I-129F , could we use a co sponsor? 

She needs to move back and establish domicile in the US.

[Canerican 242]

Agree with Carmel34. 

 

Your US Citizen fiancée has to move back to the USA and prove domicile while you wait to get a visa in Canada if that is where you are living. You can visit each other during the process. Also concerning the income, the form is an I-134 and is required when you complete your interview at the consulate. 

Edited June 22, 2019 by CDN(ON)-USA(VT)

[JFH 12,191]

Since you are going up be apart anyway, due to Montreal embassy’s hard stance on domicile, you should seriously consider the CR-1.

 

The K-1 is essentially a ridiculously overpriced tourist visa that permits you to remain in the USA if you:

a. Get married to your petitioner within 90 days 

b. Shell out even more money than the over-priced tourist visa cost to be able to adjust status.

 

You will have the same status as a visitor for many months. No work. In some states you won’t even be able to drive. No trips out of the country, not even to Canada. 

 

I understand you ”want” to live in the US after marriage but sometimes heart needs to listen to head. Is it really the end of the world to spend the first months of marriage not in the US? I assume you have years and years ahead of you. Ask yourself if it’s that important it’s worth costing more and worth being out by thousands of dollars on lost wages. We are talking months, not years, for the visa to be processed.

[NikLR 13,232]

If not working or driving or being an independent adult for 6-8 months seems cool with you and you don't want to leave the USA once you enter, then absolutely pursue the K1!!

[JC&BS 75]

Off topic but what kind of visa did you use to live in NZ?

[NikLR 13,232]

38 minutes ago, JC&BS said:

Off topic but what kind of visa did you use to live in NZ?

Many of the common-wealth countries have a working visa, like a J1 kind of, where you can show you can support yourself, work in that country for a few years and then return home.  NZ and Oz do it a lot in Canada and work at ski hills during the winter. 

[cmkl 0]

8 hours ago, CDN(ON)-USA(VT) said:

Agree with Carmel34. 

 

Your US Citizen fiancée has to move back to the USA and prove domicile while you wait to get a visa in Canada if that is where you are living. You can visit each other during the process. Also concerning the income, the form is an I-134 and is required when you complete your interview at the consulate. 

Thanks for the response. How long before me would she have to move back to the US? As we wouldn’t have plans until the I-129F is approved. Our current visa in Canada expires in October 2020, so we were planning on filing the I-129F in November, hoping for the interview by June/July. But having to prove domicile while living overseas may prove difficult. At what point would you suggest she move back to find work? Her parents are also happy to co-sponsor, and we would be living there on entry to US.

1 hour ago, JC&BS said:

Off topic but what kind of visa did you use to live in NZ?

Working Holiday. US citizens are able to get 1 year, then we stayed longer by being sponsored by our employers 

[NikLR 13,232]

Read the domicile topic.  Why can't you guys get married in Canada? Is there a dream wedding she is planning or her family can't leave the US? 

[cmkl 0]

2 hours ago, NikLR said:

Read the domicile topic.  Why can't you guys get married in Canada? Is there a dream wedding she is planning or her family can't leave the US? 

We want to try and keep our time apart to a minimum, so waiting 12-14 months for the CR-1 visa would not be ideal.

 

My partner could get a job immediately through her father’s company, would this be an advantage, in that she could potentially stay in Canada as long as possible, as ‘finding’ a job would not be so much of an issue. 

 

Thanks again for the responses guys it’s much appreciated. The whole process is backwards really. You have to provide an AoS to prove you will not become a cost to the state, yet you have to wait 6-8 months for a work permit. Whereas if you were granted a temporary work permit, this would never be an issue. Hardly makes sense! 

[NikLR 13,232]

3 hours ago, cmkl said:

We want to try and keep our time apart to a minimum, so waiting 12-14 months for the CR-1 visa would not be ideal.

 

My partner could get a job immediately through her father’s company, would this be an advantage, in that she could potentially stay in Canada as long as possible, as ‘finding’ a job would not be so much of an issue. 

 

Thanks again for the responses guys it’s much appreciated. The whole process is backwards really. You have to provide an AoS to prove you will not become a cost to the state, yet you have to wait 6-8 months for a work permit. Whereas if you were granted a temporary work permit, this would never be an issue. Hardly makes sense! 

Who said anything about 12-14 months apart?  Domicile can be had directly before interview. 

[cmkl 0]

42 minutes ago, NikLR said:

Who said anything about 12-14 months apart?  Domicile can be had directly before interview. 

So how long before interview would my partner have to be in the US to prove domicile for AoS?