Fiance not living in Home Country

[twalker 0]

My finance is Hungarian and he is living in New Zealand - currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1. Does anyone know if he will be able to apply for his K1 and have his interview in New Zealand or will he have to return to his country of origin to apply?

I would appreciate any insight anyone has on this topic. Thank you.

[BabyBlueSusie 1]

if hes legal, he can do his interview in new zealand

[Minya's wife 25]

My finance is Hungarian and he is living in New Zealand - currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1. Does anyone know if he will be able to apply for his K1 and have his interview in New Zealand or will he have to return to his country of origin to apply?

I would appreciate any insight anyone has on this topic. Thank you.

Not if he's legal....if he has 'legal residency' status, then he can have his interview in New Zealand. For the most part, the US consulates allow those beneficiaries who have legal residency in the country in question, to interview there for the K1. Check out the webpage of the US consulate in New Zealand for more info.

Good luck,

-P

[Lance27 19]

Agreed, he must be a legal resident in NZ to be able to process his visa there.

My finance is Hungarian and he is living in New Zealand - currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1. Does anyone know if he will be able to apply for his K1 and have his interview in New Zealand or will he have to return to his country of origin to apply?

I would appreciate any insight anyone has on this topic. Thank you.

Not if he's legal....if he has 'legal residency' status, then he can have his interview in New Zealand. For the most part, the US consulates allow those beneficiaries who have legal residency in the country in question, to interview there for the K1. Check out the webpage of the US consulate in New Zealand for more info.

Good luck,

-P

[crew1980 1]

My Cuban fiance was living in Argentina at the time we FIRST applied for K1. He was definately out of status at the time although, he did arrive there with a student visa. We had filed all proper papers and had gotten an interview with the Embassy. We never went to the interview. Among other things, my fiance was afraid to go to the interview without me. I couldn't make it at the time. He was afraid he would have to go back to Cuba. I can tell you that we decided that he should return to Cuba anyway and that if it was meant to be, we would be together. He did return and we filed successfully in his home country. I truly believe in my heart that he could have gained approval in Argentina.

Toria and Salvador

[BabyBlueSusie 1]

yea my fiance is out of status in italy right now...i told him that ive heard of ppl i similar situations going to do their interview in naples...he will have nothing to do with that, so we are going to do it in albania

[Geraghty 0]

I'm in the same boat. I think they can but I am worried. I'm going through Vermont Service Center. My fiance is British and working in Oman and we have requested the interview be there. I don't know. I'm reallly worried. If you find out anything please let me know.l

My finance is Hungarian and he is living in New Zealand - currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1. Does anyone know if he will be able to apply for his K1 and have his interview in New Zealand or will he have to return to his country of origin to apply?

I would appreciate any insight anyone has on this topic. Thank you.

[Minya's wife 25]

One has to think of it from the viewpoint of the the US government, who is making a decision to allow an "intenting immigrant" into the country. (That is in effect what the K-1 visa confers to the beneficiary...the status of intending immigrant.) If the beneficiary is illegally residing in any country, and goes to interview there for a US visa, it does not look well for the validity of the visa petition. So it would be best to interview in the country of the beneficiary's residence. It is true, that visa denials to other countries, and for that matter other US visa denials (as long as they were not for reasons that make the beneficiary ineligible for any visa) do not matter to the CO, when adjudicating K-1 visa decisions, but that is because a visa refusal means that the beneficiary tried to do things the legal way but was rejected. If a visa beneficiary shows up to a vis a interview in a country where he/she is residing illegally, it is like in effect saying "I have no trouble breaking visa laws" which is not good behavior meriting legal entry to the US. Just my HO.

-P

[MEDSHE20 0]

Contact the consulate in the country your fiance is in now, and they should be able to tell them. My fiance is living in China and there on a work visa, he has residency in Algeria. I e-mailed Guangzhou and they said he could have his interview in China. I have read on here where others are in the same situation and they have been able to do it that way. Good luck.

[Minya's wife 25]

Contact the consulate in the country your fiance is in now, and they should be able to tell them. My fiance is living in China and there on a work visa, he has residency in Algeria. I e-mailed Guangzhou and they said he could have his interview in China. I have read on here where others are in the same situation and they have been able to do it that way. Good luck.

The OP's situation is quite different though...the beneficiary is

currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1.

Since a work visa in the counry in question (New Zealand) is just a "hopefully".....and they havent even filed yet....they're just "researching the stages", its better to know that only those w/ legal residency (and a work visa is a form of legal residency in a country) can apply at the US consulate in a foreign country other than that of the beneficiary.

The OP is a good few months away from actually being at the "consulate stage" of the process....so at this point contacting the consulate regarding a petition not even filed yet may not get the OP any concrete answers. In any case I do not know of anyone who successfully intrviewed in another country for a K-1 while there on a tourist visa.

-P

[twalker 0]

Contact the consulate in the country your fiance is in now, and they should be able to tell them. My fiance is living in China and there on a work visa, he has residency in Algeria. I e-mailed Guangzhou and they said he could have his interview in China. I have read on here where others are in the same situation and they have been able to do it that way. Good luck.

The OP's situation is quite different though...the beneficiary is

currently with a visitor's visa but hopefully will soon have a work visa. We are in the researching stages of getting the K1.

Since a work visa in the counry in question (New Zealand) is just a "hopefully".....and they havent even filed yet....they're just "researching the stages", its better to know that only those w/ legal residency (and a work visa is a form of legal residency in a country) can apply at the US consulate in a foreign country other than that of the beneficiary.

The OP is a good few months away from actually being at the "consulate stage" of the process....so at this point contacting the consulate regarding a petition not even filed yet may not get the OP any concrete answers. In any case I do not know of anyone who successfully intrviewed in another country for a K-1 while there on a tourist visa.

-P

[merijan 0]

My fiance is from Pakistan and was in UK on a student visa WE applied and he had his interview in London. He received his visa just fine.