K1 Visa applying from Abroad

[sourumeboshi 61]

Partner and I are currently in the process of applying for a K1 visa.

We live together in New Zealand and have a toddler together. This is our preferred route at the moment. We have looked into getting married first and decided to go with K1.

Has anyone filed while the US spouse has been living with them overseas? Any advice? Does his mailing address need to be in the USA (not an issue we have a USA address just curious)

How did you send your application if its not via USPS since that goes to the lockbox in Dallas?

Did you find any drawbacks to applying while overseas? We're not worried about the interview process since the consulate here is fully open - we got our childs USA citizen just looking for others experiences.

[SteveInBostonI130 3,454]

Your post is a little paradoxical.

 

You state you prefer to file for K1, but you also state that you have a US spouse?

 

Assuming that you meant "partner" or "live-in-fiance", your USC fiance will need to submit the paper petition to the lockbox in TX.  There is a P.O. Box for USPS, or a street address for UPS/FedEx/DHL.  Probably DHL would work best.

 

It is unusual for K1s to be filed from overseas.  Most go the spouse visa route. 

 

Just out of curiosity, why K1 instead of CR1? 

 

 

[PaulaCJohnny 713]

24 minutes ago, sourumeboshi said:

Partner and I are currently in the process of applying for a K1 visa.

We live together in New Zealand and have a toddler together. This is our preferred route at the moment. We have looked into getting married first and decided to go with K1.

Has anyone filed while the US spouse has been living with them overseas? Any advice? Does his mailing address need to be in the USA (not an issue we have a USA address just curious)

How did you send your application if its not via USPS since that goes to the lockbox in Dallas?

Did you find any drawbacks to applying while overseas? We're not worried about the interview process since the consulate here is fully open - we got our childs USA citizen just looking for others experiences.

If you are currently married the K1 is not for you.

[JFH 12,190]

I see no sense whatsoever in filing for the K-1 in your situation but it’s your choice. I do wonder if you are aware of the WHOLE process (including what happens stateside) if you think the K-1 is a good choice.

 

This user’s story is uncannily similar:

 

 

 

 

 

[sourumeboshi 61]

So to clarify. 

 

We are NOT married. 

 

Partner in NZ simply means other half, fiance whatever. We are NOT married hence the K1. 

 

Just because we have a toddler also does not mean we're married. 

3 minutes ago, Paula&Johnny said:

If you are currently married the K1 is not for you.

We aren't married. 

2 minutes ago, JFH said:

I see no sense whatsoever in filing for the K-1 in your situation but it’s your choice. I do wonder if you are aware of the WHOLE process (including what happens stateside) if you think the K-1 is a good choice.

 

This user’s story is uncannily similar:

 

 

 

 

 

Didn't see this but similar situation and sane country. 

[sourumeboshi 61]

8 minutes ago, SteveInBostonI130 said:

Your post is a little paradoxical.

 

You state you prefer to file for K1, but you also state that you have a US spouse?

 

Assuming that you meant "partner" or "live-in-fiance", your USC fiance will need to submit the paper petition to the lockbox in TX.  There is a P.O. Box for USPS, or a street address for UPS/FedEx/DHL.  Probably DHL would work best.

 

It is unusual for K1s to be filed from overseas.  Most go the spouse visa route. 

 

Just out of curiosity, why K1 instead of CR1? 

 

 

We're not married. And we're done our research and K1 is our preferred method. 

[SalishSea 17,835]

Kia Ora,

 

Your USC partner can petition you for a K-1 visa from NZ.  Auckland is not a difficult consulate.

 

The main drawback of the K-1 is that you won't be able to work or leave the USA for 6-8 months after applying for the adjustment of status/EAD/AP.  If you are a stay at home parent for your toddler, maybe the work part wouldn't be that big of a deal.  But if an emergency back home arises, and you need to travel, you will have abandoned your AOS.

 

You can file via the lockbox by sending your packet airmail.  The USC does not need to have a US address, but if one is available (parents/family), it would be useful to have.  Most of the receipts/notifications are electronic, although the receipt and approval notice for the petitions are also sent in the mail.

 

After the petition is approved, all of the communication from  US Consulate Auckland is via email, including packet 3.

 

Will the USC have a US job lined up?  

[sourumeboshi 61]

1 minute ago, Jorgedig said:

Kia Ora,

 

Your USC partner can petition you for a K-1 visa from NZ.  Auckland is not a difficult consulate.

 

The main drawback of the K-1 is that you won't be able to work or leave the USA for 6-8 months after applying for the adjustment of status/EAD/AP.  If you are a stay at home parent for your toddler, maybe the work part wouldn't be that big of a deal.  But if an emergency back home arises, and you need to travel, you will have abandoned your AOS.

 

You can file via the lockbox by sending your packet airmail.  The USC does not need to have a US address, but if one is available (parents/family), it would be useful to have.  Most of the receipts/notifications are electronic, although the receipt and approval notice for the petitions are also sent in the mail.

 

After the petition is approved, all of the communication from  US Consulate Auckland is via email, including packet 3.

 

Will the USC have a US job lined up?  

Yea Auckland is a pretty great consulate we always find them super helpful. 

 

We do recognize that the downside of not working but I also have a job that's remote and happy for me to take a sabbatical until visas/work permits are sorted. 

 

He is applying for jobs and should have one lined up by the time we are ready. He's fairly hireable. ☺️

[JFH 12,190]

2 hours ago, sourumeboshi said:

Yea Auckland is a pretty great consulate we always find them super helpful. 

 

We do recognize that the downside of not working but I also have a job that's remote and happy for me to take a sabbatical until visas/work permits are sorted. 

 

He is applying for jobs and should have one lined up by the time we are ready. He's fairly hireable. ☺️

In addition to not being able to work and travel overseas, some states do not permit K-1 arrivals to have a drivers license until the EAD or GC has been approved. That could be difficult with a small child - if you need to get somewhere urgently and your then-husband is at work or something. Or just the freedom to get out and about. 
 

Also a K-1 denial cannot be appealed. And the AOS can also be denied. That’s two scenarios that could see your family torn apart. The CR-1 reduces the chances of that happening. It gives you far more family stability. With a CR-1 you are a resident from day 1. No AOS, no sitting in limbo. I know I wouldn’t want that if there were a child in the mix. I didn’t even want that and we have no children.

Edited April 25, 2021 by JFH

[Cathi 5,755]

14 hours ago, JFH said:

In addition to not being able to work and travel overseas, some states do not permit K-1 arrivals to have a drivers license until the EAD or GC has been approved. That could be difficult with a small child - if you need to get somewhere urgently and your then-husband is at work or something. Or just the freedom to get out and about. 
 

Also a K-1 denial cannot be appealed. And the AOS can also be denied. That’s two scenarios that could see your family torn apart. The CR-1 reduces the chances of that happening. It gives you far more family stability. With a CR-1 you are a resident from day 1. No AOS, no sitting in limbo. I know I wouldn’t want that if there were a child in the mix. I didn’t even want that and we have no children.

Not to mention that the K-1 is far more costly.

[Tacos 69]

I’m in a similar situation, fiancé is in Colombia, we have a son together, but I do have an address in the US and my work is also in the US. I did the paperwork, using my US address, and sent it via DHL. Not too big of a deal. 

 

 

Edited April 25, 2021 by Tacos

[Tacos 69]

14 hours ago, JFH said:

In addition to not being able to work and travel overseas, some states do not permit K-1 arrivals to have a drivers license until the EAD or GC has been approved. That could be difficult with a small child - if you need to get somewhere urgently and your then-husband is at work or something. Or just the freedom to get out and about. 
 

Also a K-1 denial cannot be appealed. And the AOS can also be denied. That’s two scenarios that could see your family torn apart. The CR-1 reduces the chances of that happening. It gives you far more family stability. With a CR-1 you are a resident from day 1. No AOS, no sitting in limbo. I know I wouldn’t want that if there were a child in the mix. I didn’t even want that and we have no children.

 

I filled K1 because at the time, pre pandemic, it was the fastest route and I have family in the states that will help us. Knowing the current situation, I would’ve gone the CR-1 route; which we’ll do if my fiance is denied the visa. 

[sourumeboshi 61]

16 hours ago, JFH said:

In addition to not being able to work and travel overseas, some states do not permit K-1 arrivals to have a drivers license until the EAD or GC has been approved. That could be difficult with a small child - if you need to get somewhere urgently and your then-husband is at work or something. Or just the freedom to get out and about. 
 

Also a K-1 denial cannot be appealed. And the AOS can also be denied. That’s two scenarios that could see your family torn apart. The CR-1 reduces the chances of that happening. It gives you far more family stability. With a CR-1 you are a resident from day 1. No AOS, no sitting in limbo. I know I wouldn’t want that if there were a child in the mix. I didn’t even want that and we have no children.

Appreciate the concern although it's rather negative of putting things. 

 

He's a multi-citizen and we have contingency plans as well. We ARE looking at other avenues such as the cr1 right now k1 just seems like the faster route of moving. 

[SalishSea 17,835]

1 hour ago, sourumeboshi said:

Appreciate the concern although it's rather negative of putting things. 

 

He's a multi-citizen and we have contingency plans as well. We ARE looking at other avenues such as the cr1 right now k1 just seems like the faster route of moving. 

K-1 used to be faster, now covid has changed all that.   It’s kind of a crapshoot.

All things being equal, I personally would choose CR-1 over K-1, since you’re already together.

 

A denial in Auckland is very unlikely.   The only time I’ve seen it is in the case of a non NZ-born citizen.

[FKEdwards 23]

I (the petitioner) filed while living overseas. It was no issue. I put my foreign address as my current address but used my mother’s U.S. address as my mailing address. This was best in my situation, because although I could get general updates through the USCIS website (e.g. we have approved your petition), the more substantive details were always included in letter mailed to my mailing address. Getting those letters to a U.S. address lessened my stress about things getting lost in the mail or taking forever to arrive.

I also just made sure to get back to the States and employed way in advance of the interview (we are currently at the NVC stage).

I am happy that we did this because it lessened the amount of time we had to spend apart. It’s been four months apart as opposed to the eight it would have been otherwise just to get to this stage of the process.