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Does the USC have to be/stay in the US during the process?

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I'm the USC. I've been living and working abroad(file taxes as an expat) for many years. We're abroad now, but I'm currently not working(by choice, new well paying job in the US shouldnt be a problem). If I want to start a K-1 visa process at which points in the process do I have to physically be in the US? Ideally I would stay abroad with my fiancee in her country or better yet travelling around. Only head back to the US at the very end. Does anyone have experience with this? I see from one line on the 129f process that you can mail your forms from abroad, but no further detials on where we are allowed/should be in the meantime..

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Filed: Citizen (apr) Country: Brazil
Timeline
I'm the USC. I've been living and working abroad(file taxes as an expat) for many years. We're abroad now, but I'm currently not working(by choice, new well paying job in the US shouldnt be a problem). If I want to start a K-1 visa process at which points in the process do I have to physically be in the US? Ideally I would stay abroad with my fiancee in her country or better yet travelling around. Only head back to the US at the very end. Does anyone have experience with this? I see from one line on the 129f process that you can mail your forms from abroad, but no further detials on where we are allowed/should be in the meantime..

No, you don't have to be in the U.S. at the time of filing.

Many people are in situations similar to yours.

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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Filed: Citizen (apr) Country: Canada
Timeline
I'm the USC. I've been living and working abroad(file taxes as an expat) for many years. We're abroad now, but I'm currently not working(by choice, new well paying job in the US shouldnt be a problem). If I want to start a K-1 visa process at which points in the process do I have to physically be in the US? Ideally I would stay abroad with my fiancee in her country or better yet travelling around. Only head back to the US at the very end. Does anyone have experience with this? I see from one line on the 129f process that you can mail your forms from abroad, but no further detials on where we are allowed/should be in the meantime..

You do not have to be physically present in the US to file. However you would need a place where correspondence could be mailed to you in the US (family/friends home address) You will also need US income to show that you meet the poverty guidlines (Co-sponsor if you do not have US income)

AOS

Filled : 2007-09-17

NOA : 2007-09-25

Biometrics : 2007-12-13

EAD card prod : 2007-12-13

Job Offer : 2007-12-18

EAD card prod : 2007-12-18

EAD approved mailed : 2007-12-21

EAD in Hand : 2007-12-24 (Awesome Christmas Present)

Applied for SSN : 2007-12-26

SSN arrives in mail : 2008-01-05 (Happy New Year)

Start work :2008-01-15

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You cant send it to the consulate or service centers abroad, it has to be processed by service centers in the US.

If you have lived abroad for awhile now, I would suggest looking into marriage and filing with DCF, it may be faster than a K-1.

keTiiDCjGVo

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Filed: K-3 Visa Country: Russia
Timeline

Not only might a DCF be faster than a K1, but it gets a better visa. You'd need to get married first, of course, but then your (future) wife would get a CR-1, which confers immediate permanent residency upon her arrival in the USA.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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Not only might a DCF be faster than a K1, but it gets a better visa. You'd need to get married first, of course, but then your (future) wife would get a CR-1, which confers immediate permanent residency upon her arrival in the USA.

DCF? Wow, I never knew. Let me read up on it. Sounds interesting... Thanks

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