Filing 129-F from abroad

[Aoshi 0]

Hey everyone. Sorry I couldn't find my answer in the search (I'm probably using it wrong) but I just had a few quick questions just to reassure myself.

 

I have lived outside the U.S. for a few years and wish to file for a 129-F for my fiance in case we want to move to the U.S. in the next year or so. We currently live together and I plan on filing the 129-F, sending the g-1450 form (to pay by CC from my US bank), and waiting here until we can move together. 

 

Does that sound okay? My fiancé's address on the form should not change, but my address might. I may move to another apartment while abroad (same country) or move back to the US. In which case, I believe I would need to call USCIS.  

 

Also one last thing, I don't need the beneficiary's birth certificate/passport pictures yet right? That would be for the next step.

Thank you for any advice.

Edited November 21, 2021 by Aoshi

[Redro 4,611]

13 minutes ago, Aoshi said:

Hey everyone. Sorry I couldn't find my answer in the search (I'm probably using it wrong) but I just had a few quick questions just to reassure myself.

 

I have lived outside the U.S. for a few years and wish to file for a 129-F for my fiance in case we want to move to the U.S. in the next year or so. We currently live together and I plan on filing the 129-F, sending the g-1450 form (to pay by CC from my US bank), and waiting here until we can move together. 

 

Does that sound okay? My fiancé's address on the form should not change, but my address might. I may move to another apartment while abroad (same country) or move back to the US. In which case, I believe I would need to call USCIS.  

 

Also one last thing, I don't need the beneficiary's birth certificate/passport pictures yet right? That would be for the next step.

Thank you for any advice.

As you and your partner are currently living together have you considered filing for a spousal visa instead? 

If you cannot get married in your country, you could consider marrying online via Utah... 

 

If you have a US mailing address, you should consider using that address when you file the I-129F. 

And you do not need the birth certificate for the beneficiary just yet. That's the next step.  You do need to provide photos of the beneficiary and the petitioner with the I-129F. 

 

PG. 10 https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf

[Aoshi 0]

We have considered getting a spousal visa, but I'm currently changing jobs so it may look bad since I've been unemployed. We also read that getting a fiance visa would allow us to get into the US faster, albeit it's a little more expensive.

 

Thank you for your answer!

[aaron2020 11,651]

Consider getting marry and filing for a CR-1 spousal visa.

 

There are major drawbacks to filing for a K-1 fiancee visa, marrying in the US, and adjusting status (AOS).  The first is waiting 6-8 months after filing to get AP and EAD.  AP is needed if your spouse wants to leave the US during the AOS.  An EAD is needed to legally work.  

There's a guy right now who filed AOS for his wife and she needs to be at her brother's wedding in 7 months.  They may not get AP in time.  

[aaron2020 11,651]

1 minute ago, Aoshi said:

We have considered getting a spousal visa, but I'm currently changing jobs so it may look bad since I've been unemployed. We also read that getting a fiance visa would allow us to get into the US faster, albeit it's a little more expensive.

 

Thank you for your answer!

The immigration process takes a year or more.

If the new job is abroad, then it's not going to count for the Affidavit of Support.  

The fiancee visa is not faster at this point because of COVID and lockdowns.  

[Redro 4,611]

4 minutes ago, Aoshi said:

We have considered getting a spousal visa, but I'm currently changing jobs so it may look bad since I've been unemployed. We also read that getting a fiance visa would allow us to get into the US faster, albeit it's a little more expensive.

 

Thank you for your answer!

Your employment status only matters at the next stage and you need to be earning income from a source that will continue in the US. 

Don't worry about the job. Get married and file the I-130. And check out timelines for K1 vs CR1/IR1 in your country, the processing times might be similar. K1 isn't really a lot faster these days. 

[Aoshi 0]

Okay wow so the overwhelming answer is to just get married in the abroad country since we are both here. Then get married here, then start the AOS for her to be able to move to America. 

 

My only issue is if the government here will wonder why I am getting married. They may wonder if I'm just marrying her for Visa support haha. But I guess since I can prove that we have been dating for a while it wouldn't be a big deal.

 

Everyone has given me a lot to think about. Thank you very much for pointing out this alternative to my plan. 

 

Of course, any other advice would be much appreciated.

[Redro 4,611]

1 minute ago, Aoshi said:

Okay wow so the overwhelming answer is to just get married in the abroad country since we are both here. Then get married here, then start the AOS for her to be able to move to America. 

 

My only issue is if the government here will wonder why I am getting married. They may wonder if I'm just marrying her for Visa support haha. But I guess since I can prove that we have been dating for a while it wouldn't be a big deal.

 

Everyone has given me a lot to think about. Thank you very much for pointing out this alternative to my plan. 

 

Of course, any other advice would be much appreciated.

If marrying in the current country is difficult consider marrying via Utah.

But, if you're able to get married and receive a visa from your wife that will strengthen your "bonafide relationship evidence". 

Can I ask which country you are currently residing in? You can hop over to the relevant country forum for more specific help on getting married there.... 

 

You don't start AOS you will file an I-130. Its similar process to the I-129F (you can file from abroad) but you're able to file online and don't have to mail in the package. 

 

[Aoshi 0]

@Kor2USA I currently live in Japan with my Japanese Fiance. I don't think it would be too hard to marry honestly as I have been living here for a little while. Is there a Japan forum for these questions?

 

Oh wow a 130 and I can do that online? That's a lot easier. I will read up on that, but it looks kinda similar to a 129-F.

 

 

[Redro 4,611]

7 minutes ago, Aoshi said:

@Kor2USA I currently live in Japan with my Japanese Fiance. I don't think it would be too hard to marry honestly as I have been living here for a little while. Is there a Japan forum for these questions?

 

Oh wow a 130 and I can do that online? That's a lot easier. I will read up on that, but it looks kinda similar to a 129-F.

 

 

https://www.visajourney.com/forums/forum/90-asia-east-and-pacific/

Some posts from people in Japan can be found here. If you want to ask for advice on getting married in Japan or the paperwork required from Japan. 

 

Timelines for K1 (Japan)

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Japan&op1=3&op2=&op3=1&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=

 

Timelines for CR1/IR1 (Japan) 

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Japan&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

 

You can add your country to your profile and be able to follow other users from Japan more closely. 

https://www.visajourney.com/portals/index.php?country=Japan 

 

And you can file online (after you get married) here: 

https://www.uscis.gov/

 

 

Edited November 21, 2021 by Kor2USA

[Aoshi 0]

Thank you for finding all that for me! That's a lot of useful info. It is hard to get an estimate on how long this would all take it looks like. The dates vary quite a lot. But if everyone says that getting married here would be better in the long run, then I guess I have no rebuttal for that.

[Redro 4,611]

9 minutes ago, Aoshi said:

Thank you for finding all that for me! That's a lot of useful info. It is hard to get an estimate on how long this would all take it looks like. The dates vary quite a lot. But if everyone says that getting married here would be better in the long run, then I guess I have no rebuttal for that.

It's your decision.

If moving together to the States quicker is your main goal you can file for the K1. But, the truth is it might not be quicker/ the difference might only be a few months. .. 

Also be aware, if you go that route- you're partner won't be able to work or leave the States for 8-9 months (are you both okay with that?)

She might also not be able to get a drivers license (depending on the State you move to).

 

So whilst on paper it looks "a little more expensive" the cost could be higher than you anticipate as only one of you is able to work. 

If you go the spousal visa route, your partner will be able to work as soon as she arrives in the US. 

 

You don't have to get married yet if you don't want to... but have a read around the forum and make an informed choice.  

 

K1 visa timelines for all countries 

https://www.visajourney.com/timeline/k1list.php?op1=3&op2=&op3=1&op4=1&op5=&op6=All

CR1/IR1 visa timelines for all countries

https://www.visajourney.com/timeline/k1list.php?cfl=&op1=3&op3=5&op5=&op6=All

 

 

 

 

 

[TBoneTX 45,910]

A post hijacking this thread has been removed.  That poster should seek a "progress report" thread or start a new topic.