Demonstrating financial standings for K-1 as an expat when both live abroad

[sysw 9]

Hello all, 

would kindly request any input or advice from those with similar experiences as we await our K-1 NOA2. 

 

My partner (non-citizen) and I (US citizen, expat) met 10 years ago when I first came to Korea to live and earlier this year finally decided to make the move together to the States. Proving our relationship, and of having met, for the initial I-129F packet was easy as we have been living together in Korea for the past 10 years so the amount and variety of evidence we compiled and supplied for the packet we are fairly confident about.

 

The tricky part is proving our financial standings to our upcoming embassy interviewer and, later down the road, the American government as an expat having lived and worked abroad in Korea for the past 10 years. The good news is that for the past 10 years we have both worked at our respective companies in Korea so we both have considerable savings and I have filed my US taxes and have all my returns. However, both our companies are Korean (non-American) companies, my savings are split between my Korean and American bank accounts (although I plan to move all my savings to my American account before I leave Korea completely), and if we are issued the K-1 visa we will both have to quit our current jobs here and initially arrive in the States jobless. Both our respective companies and their industries are international and specialized so we feel we can find a job and settle in the States fairly soon after but of course our big task in this visa application process is proving both our financial statuses won't be a drain on the government once we go to the States. 

 

For my partner's future embassy interview, I am preparing the following documents as evidence of our standings:

- Two I-134 forms, one filled out by myself and one from my father (who lives and works in the states as a US citizen) as a cosponser

- Most recent bank statements from both my Korean and American bank accounts

- Bank statement of my Korean partner 

- My partner's Korean tax filing reports

- My US tax returns

 

My two questions are:

 

1. Can anyone think of any other documents and/or evidence we could provide to back our financial standings given my situation as a K1 expat filer? I understand in this situation my father's cosponsoring will prove absolutely critical but if anyone has any suggestions or experience on what else could be offered to support our case I would be much obliged.

 

2. My partner owns a small condo in Korea which we are also planning to offer as additional documented evidence of my partner's financial standing. Is there any reason reporting my partner's assets like this condo could prove detrimental rather than helpful, either at the embassy interview stage or later on in the entire citizenship process for my partner? 

 

Any other input particularly from expats who have gone through this process while living abroad would also be much appreciated! 

Thanks in advance. 

[Boiler 45,535]

Domicile seems a potentially bigger issue.

 

Also bear in mind ou will need EAD to work, so you may be able to find a job fairly soon after arrival but there is a long wait before a K1 can work.

Edited October 16, 2019 by Boiler

[sysw 9]

Yes. That is also a major valid point and thank you for bringing that up! And yes, we are aware that my partner will not be able to work as quickly as I would,  (as in many months) upon our arrival.

On the domicile matter I intend to show documents like my US tax returns, recently renewed US driver's license. voting records, my American university student loan payments, etc, and a detailed letter explaining my situation of the past 10 years as well as my intent to return back home to the States, where I was born, where my entire family and most of my immediate relatives resides, where I went to school (from elementary to university). 

Any input on meeting domicile requirements as an expat is also appreciated from anyone with experience. 

Edited October 16, 2019 by sysw

[Boiler 45,535]

Begs the question why are going the K1 route when it has so many disadvantages.

Edited October 16, 2019 by Boiler

[payxibka 10,045]

For a k1, the alien's assets are not a consideration 

[sysw 9]

We definitely would have taken up an alternative option like a CR1 if we had the choice but unfortunately CR1 is not an option for us because we are a same sex couple and same sex marriage is not recognized here....

Edited October 16, 2019 by sysw

[geowrian 22,337]

16 minutes ago, sysw said:

We definitely would have taken up an alternative option like a CR1 if we had the choice but unfortunately CR1 is not an option for us because we are a same sex couple and same sex marriage is not recognized here....

Can you travel anywhere that it is legal together...?

[sysw 9]

We can and we did strongly consider that as an option, however, I would still need to prove domicile requirements if we obtained a marriage license from another country and then applied for a CR1 and rather than go through the visa process apart after building an initial life together here over the past decade, we decided to try for the K1 (despite its known disadvantages) and try and submit as much relevant evidence (such as my father's cosponsoring) to prove our willingness and intent to settle in the States and to also demonstrate neither of us would prove a public charge. 

 

I understand our K1 case in terms of our relationship, our current living situation, and our local laws all makes us an atypical case which is why I'm kindly asking for any experienced "veterans" who have gone through the process in similar conditions. 

 

 

[Soylent 6]

This is probably not the answer you're looking for but:

I was in a similar situation. (We actually met in Korea as well and couldn't get married overseas for the same reason.) My partner returned to America and found employment in order to satisfy the income requirements while I stayed overseas and applied for my visa. It was tough because our service center had a backlog and took 10 months to process my visa but it meant that we satisfied the sponsorship requirements and we always had one of us earning an income.

[Sarah&Facundo 595]

Can you use your parents address and say you'll be staying there when you arrive to prove domicile? That's what I did.

[sysw 9]

7 hours ago, Soylent said:

This is probably not the answer you're looking for but:

I was in a similar situation. (We actually met in Korea as well and couldn't get married overseas for the same reason.) My partner returned to America and found employment in order to satisfy the income requirements while I stayed overseas and applied for my visa. It was tough because our service center had a backlog and took 10 months to process my visa but it meant that we satisfied the sponsorship requirements and we always had one of us earning an income.

We wrestled with what course to take for a while. After speaking with the local consulate on two occasions who confirmed that they do receive and process K1 cases such as ours where both the petitioner and beneficiary currently reside abroad, we decided to go ahead with the K1 process but with care to provide as much supplementary documented evidence and support as much as possible of financial and domicile standings with cosponsorship. 

 

4 hours ago, Sarah&Facundo said:

Can you use your parents address and say you'll be staying there when you arrive to prove domicile? That's what I did.

Yes, that is what we plan to do and will do as we will be there initially once we arrive in the States. 

Can you kindly shed some more information on how you proved domicile in your case? Thanks in advance!