K1 visa - Red Flags, do we need more evidence or time?

[LibertyBears 22]

Hey Everyone, I'm glad I found this site where everyone else is also going through the same thing as us.

 

Me - 26, female, chinese ( I'm not sure if my ethnicity matters some of my friends said it might ) , born in UK, British citizen. 

Fiance - 28, male, born in US american citizen 

 

October 2018 - We met online on a game (I feel like this would be a potential red flag)  

April 2019 - We started to be a relationship and started speaking everyday through calls/text

June 16 - Sept 7 2019 - I flew to the US on ESTA so we could see what meeting in person would be like 

We chose a long time frame on purpose to really get to know each other and I lived with him and his family the entire time and saw each other everyday

We went on several dates throughout my time there, have credit card, receipts to prove and plenty of photos together including photos with his mother. 

 

Before I left US we were talking and realised we didn't want to be apart from each other and he proposed to me. (I feel like this is another potential red flag as we only had one meeting)

 

After leaving we started to do a lot of reading and research into the whole procedure of how we can see each other again and discovered the K1 visa application

 

More info (I'm worried that our situation will not be seen as legit and I'm very worried about the I-129F petition being denied due to this):

I don't have a registered permanent address. (EEK??)

I lived my whole life in London up until I quit university in 2016 and moved to Lisbon with my ex-girlfriend (she was Hong Kong citizen) (would this be seen as another red flag as I was previously with a girl and now a guy (I'm bisexual but unsure if this would cause the USCIS to be wary) )

During my time there I was a stay at home girlfriend and my ex-girlfriend looked after me 

We broke up (due to conflict of interest) and began seeing my now fiance. 

During the whole time I flew a lot between London, Lisbon and Hong Kong, as well as lots of holidays in between, my ex-girlfriend and parents funded me for this 

I visited countries such as Morocco, Israel, Turkey (not sure if this would raise any flags as my passport is constant flights eveywhere because I love travelling)

My flight before going to US was from Lisbon 

 

I'm currently in Hong Kong at my parents home. 

I have a UK bank account that is linked to my uncle's UK address

I have National Insurance Number

He works for the government and is over the poverty lines and can afford to look after us both.

 

I don't have any employment records as I never really worked in my life ( would this be a red flag? )

I don't have a current registered permanent address ( I feel like this would look so strange in this day and age )

I don't really have "ties to home" as I don't exactly have a home?

I don't have a criminal background

I don't use social media anymore (have not used Facebook in years it's deactivated, don't even know my Twitter handle anymore, uploaded a few photos of me in US on instagram but they are just photos of me and not him as I hate publicising too much of my personal life online)

 

Would any of these factors raise suspicion ?

 

Also Would we need to meet more times before filing for K1, the reason why we decided to file so soon after me landing in Hong Kong is we saw how long the entire procedure takes averaging around 10 months or longer from start to finish. 

If we did need to meet more the earliest I can fly to US would be December as my last flight to US was near 90 days and I read that even though ESTA allows visits for 2 years, another visit so soon after a 90 day stay would raise suspicion at the US border and therefore I'm supposed to have a rule of thumb of at least 91 days before my next visit.

He cannot visit me in Hong Kong until February due to work. 

 

Hoping someone could give us advice and a third person outlook on our case. 

Edited September 13, 2019 by LibertyBears
additonal information

[USS_Voyager 1,972]

33 minutes ago, LibertyBears said:

I lived my whole life in London up until I quit university in 2016 and moved to Lisbon with my ex-girlfriend (she was Hong Kong citizen) (would this be seen as another red flag as I was previously with a girl and now a guy (I'm bisexual but unsure if this would cause the USCIS to be wary) )

None of that matters, as this happened before you met the guy and you don't have to disclose this anywhere. In short, they're only interested in the relationship between you (the beneficiary) and the US citizen (the petitioner). 

 

34 minutes ago, LibertyBears said:

I don't have a current registered permanent address ( I feel like this would look so strange in this day and age )

I don't really have "ties to home" as I don't exactly have a home?

I don't think that matters either. It's basically where you live that matters, because that's where you're gonna do the interview. Sounds like you're currently living in Hong Kong. You have no ties in the UK right now. So you can do your interview in Hong Kong. Just put wherever you currently live as your address. 

 

The only requirements to file is the two of you have to have met physically, in person, at least once in the last 2 years. 

 

Yes, I do  agree with you, I think you two need more face time together before you get to the interview. You can visit him more and he can visit you more or you can meet at a third country. The more times spent together, the better you case is going to be. However, there is nothing preventing you from filing now. 

40 minutes ago, LibertyBears said:

I read that even though ESTA allows visits for 2 years

That's wrong. You will never be allowed to visit on ESTA for 2 years. The ESTA is valid for 2 years, but only allows you to visit for up to 90 days. ESTA is a visitor program. What visitors do is they come, and they stay for few weeks and they leave. If you start to appear that you actually live in the US (by keep entering for 90 days, leave for few days, then come back and stay for 90 days), they're gonna have a problem with that. 

[Wuozopo 4,293]

For the petition you are required to meet in person ONE time. You've done that.

 

You don't tell your whole past in the petition. Prove you met in person In June. 

 

If you currently live in HongKong with your parents, then that is your address and you interview in Hong Kong. If you want to interview in London, you need a UK address. Uncle's perhaps? London mails you an instruction letter to that address.

 

Before your interview you will need police certificates from UK, Portugal, and possibly Hong Kong depending on how long you live there.

Edited September 13, 2019 by Wuozopo

[LibertyBears 22]

33 minutes ago, USS_Voyager said:

 

That's wrong. You will never be allowed to visit on ESTA for 2 years. The ESTA is valid for 2 years, but only allows you to visit for up to 90 days. ESTA is a visitor program. 

Yes sorry I was not clear that is what I meant, I mean I can travel on the ESTA during 2 years visa-free for a maximum of 90 days each period.

That is why I stated I would not be allowed back to the US until december due to a "rest period" of 91 days out of the US in between the visit. 

 

30 minutes ago, Wuozopo said:

 

If you currently live in HongKong with your parents, then that is your address and you interview in Hong Kong. If you want to interview in London, you need a UK address. Uncle's perhaps? London mails you an instruction letter to that address.

 

I do not "live" in Hong Kong as I do not have citizenship in Hong Kong neither do I have any visas allowing me to live here.

I am here using visitor entry where UK citizens are allowed in Hong Kong for 90 days without visa. 

I am worried that I will not even make it to the interview stage without a registered permanent address as I cannot find any information about this as no one else seems to be in the same situation as me. 

I can use my Uncle's address but would that be allowed if it is not my registered address? As in I do not pay council tax for this address etc

 

30 minutes ago, Wuozopo said:

 

Before your interview you will need police certificates from UK, Portugal, and possibly Hong Kong depending on how long you live there.

I stay at each country for 3 months maximum with flights in between etc. I am never at a country for more than 3 months without flying abroad either for holidays or to one of the 3 countries (portugal/UK/HK) so I am not sure if that even counts as me "living" in the country. 

 

Edited September 13, 2019 by LibertyBears

[Wuozopo 4,293]

17 minutes ago, LibertyBears said:

I can use my Uncle's address but would that be allowed if it is not my registered address? As in I do not pay council tax for this address etc

Applicants live with their parents and do no pay council tax themselves. I have never heard of having a "registered address" looked up by immigration. The USCIS needs to know where you reside so they know which embassy will handle your case. And you will receive a letter if it's London. There is an "in care of" line for  listing addresses.

 

So curious...where do you plan to go next before your 90 days in Hong Kong end? Then where?

Edited September 13, 2019 by Wuozopo

[LibertyBears 22]

34 minutes ago, Wuozopo said:

Applicants live with their parents and do no pay council tax themselves. I have never heard of having a "registered address" looked up by immigration. The USCIS needs to know where you reside so they know which embassy will handle your case. And you will receive a letter if it's London. There is an "in care of" line for  listing addresses.

 

So curious...where do you plan to go next before your 90 days in Hong Kong end? Then where?

Ok that makes me worry less regarding my address.

 

I would either leave for vacation in another asian country or fly to UK to visit friends/family for a month or so. 

I've always booked and planned my vacations last minute ... which I know sounds very abnormal.

 

 

 

[LibertyBears 22]

1 hour ago, USS_Voyager said:

Yes, I do  agree with you, I think you two need more face time together before you get to the interview. You can visit him more and he can visit you more or you can meet at a third country. The more times spent together, the better you case is going to be. However, there is nothing preventing you from filing now. 

 

Oh wait I thought we had to have more face time before filing for the I-129F. 

I understand only one is required for the form applications but many forums say that it can still look dodgy to not have more previously. 

I thought the single face time would be the thing that would flag up during the petition approval stage and potentially get denied due to the sudden engagement after only one meet.

 

We plan to have visitation whilst waiting for NOA2 stage / keep original plan of either me visit him in December or him visiting me in February. 

 

 

[Wuozopo 4,293]

4 hours ago, LibertyBears said:

 

I understand only one is required for the form applications but many forums say that it can still look dodgy to not have more previously. 

They can't deny the petition on their perception thinking it looks dodgy. The requirement is one face time.  

[SalishSea 18,082]

6 hours ago, LibertyBears said:

I stay at each country for 3 months maximum with flights in between etc. I am never at a country for more than 3 months without flying abroad either for holidays or to one of the 3 countries (portugal/UK/HK) so I am not sure if that even counts as me "living" in the country. 

 

You do know that you will be stuck in the US for awhile, being unable to get back in if you leave, right?  For 6 months or so.

[LibertyBears 22]

1 hour ago, Jorgedig said:

You do know that you will be stuck in the US for awhile, being unable to get back in if you leave, right?  For 6 months or so.

Yes we understand that I have to remain in the US for the entirety of the AOS application until the green card arrival. 

This is perfectly fine and exactly what we want, we just want to be able to be together in the same country. I was just trying to explain the life that I am living prior to the engagement and why I travel so much currently ><