K1 visa expedite

[Dashinka 24,495]

3 minutes ago, Help if U can said:

Expedited case requires urgent matters.

petitioner not living in US may turn into domicile  problem! A resident nay not be a domicile disqualified for spousal visa !!!!

watch what you are asking for. 

Possibly, but the petitioner has to at some point re-establish domicile back in the US whether it is a K1 or CR1.  Of course the weight of showing the intent to establish domicile in the US is greater for a CR1 since the I864 is more binding than the I134, I would expect this would be something already being considered by the OP and their USC fiancé as they work through the process.  The OP asked if the K1 can be expedited on a "what if" which may be an issue.

[sb3570 25]

6 minutes ago, Dashinka said:

Possibly, but the petitioner has to at some point re-establish domicile back in the US whether it is a K1 or CR1.  Of course the weight of showing the intent to establish domicile in the US is greater for a CR1 since the I864 is more binding than the I134, I would expect this would be something already being considered by the OP and their USC fiancé as they work through the process.  The OP asked if the K1 can be expedited on a "what if" which may be an issue.

Yeah so we had panicked a little due to the unknown of covid restrictions here but it looks like all will okay for the forceable future. The domicile issue is one that we were worried about as all he has over there is an expired license and a credit card account. I feel like if we go the spousal route then obviously the job offer will be more concrete proof. The only issue we may face is finding a joint sponsor for the i864 . We have a sponsor for the i134 but become a joint sponsor for i864 is a much bigger and riskier responsibility. 
 

I’m going to do a bit more research into timelines and processes today for each visa and then try make a decision

[Help if U can 1]

37 minutes ago, sb3570 said:

I think going off what you and @Kor2USA have said. I am definitely going to be looking into a spousal visa. I’m not sure if we can do zoom wedding since my fiancé isn’t a resident anymore but it might be easier to get married abroad in Europe and then register the marriage here and then apply for spousal. I need to also look into dcf requirements for the Irish embassy also. If anyone has any info on dcf that would also be great. 
 

but yeah I think spousal will be the way to go because with the delays for k1 now and then the restrictions of work and travel spousal is looking a lot better.

 

thanks for all your guys help!

I would do DCF SINCE IT ELIMINATES the NVC and state department.

first find out the less busy US embassies in Europe, file on line at THAT US embassy site

 

good luck

[Help if U can 1]

33 minutes ago, sb3570 said:

Yeah so we had panicked a little due to the unknown of covid restrictions here but it looks like all will okay for the forceable future. The domicile issue is one that we were worried about as all he has over there is an expired license and a credit card account. I feel like if we go the spousal route then obviously the job offer will be more concrete proof. The only issue we may face is finding a joint sponsor for the i864 . We have a sponsor for the i134 but become a joint sponsor for i864 is a much bigger and riskier responsibility. 
 

I’m going to do a bit more research into timelines and processes today for each visa and then try make a decision

If you can get a job offer for over $23000 a year, it will be good.

if you can show a higher income or that you don’t have to pay a high rent it will be great.

job offer is a must with supporter or without to dhow fomicile

[sb3570 25]

1 minute ago, Help if U can said:

If you can get a job offer for over $23000 a year, it will be good.

if you can show a higher income or that you don’t have to pay a high rent it will be great.

job offer is a must with supporter or without to dhow fomicile

If we can get him a job offer of more than the income requirement will that cut out the need for the joint sponsor?

[milimelo 4,479]

50 minutes ago, Help if U can said:

I would do DCF SINCE IT ELIMINATES the NVC and state department.

first find out the less busy US embassies in Europe, file on line at THAT US embassy site

 

good luck

What are you talking about? State Department overseas are the U.S. embassies. There's no bypassing DoS as they issue visas. 

[millefleur 5,046]

1 hour ago, Help if U can said:

I would do DCF SINCE IT ELIMINATES the NVC and state department.

first find out the less busy US embassies in Europe, file on line at THAT US embassy site

It doesn't really work that way. You can't just go around and shop for the embassy with the shortest line. You have to have a legitimate reason to choose/apply at that embassy, such as residency in that country. If the OP is in Ireland, they need go through Dublin. If Dublin says no, then DCF won't be an option.

 

Also, like mentioned above, there's no skipping the DoS. Yes, NVC is skipped in DCF but DoS is literally the whole arm of the government that operates embassies.

[Help if U can 1]

2 hours ago, millefleur said:

It doesn't really work that way. You can't just go around and shop for the embassy with the shortest line. You have to have a legitimate reason to choose/apply at that embassy, such as residency in that country. If the OP is in Ireland, they need go through Dublin. If Dublin says no, then DCF won't be an option.

 

Also, like mentioned above, there's no skipping the DoS. Yes, NVC is skipped in DCF but DoS is literally the whole arm of the government that operates embassies.

Of course!

the embassies available to YOU.

[millefleur 5,046]

4 hours ago, sb3570 said:

I need to also look into dcf requirements for the Irish embassy also. If anyone has any info on dcf that would also be great. 

All DCF applications now are done at the embassy local to you where you have residence and you must submit proof of "exceptional circumstance."

 

Examples of exceptional circumstances include:

• Military emergencies – A U.S. service member, who is abroad but who does not fall under the military blanket authorization for U.S. service members stationed abroad on military bases, becomes aware of a new deployment or transfer with little notice. This exception generally applies in cases where the U.S. service member is provided with exceptionally less notice than normally expected.

• Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

• Threats to personal safety – A petitioner or beneficiary is facing an imminent threat to personal safety. For example, a petitioner and beneficiary may have been forced to flee their country of residence due to civil strife or natural disaster and are in precarious circumstances in a different country outside of the United States.

• Close to aging out – A beneficiary is within a few months of aging out of eligibility.

• Petitioner has recently naturalized – A petitioner and family member(s) have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a new petition based on the petitioner’s citizenship.

• Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years.

• Short notice of position relocation – A U.S. citizen petitioner, living and working abroad, has received a job offer in or reassignment to the United States with little notice for the required start date.

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

If you meet these requirements, you need to contact your local embassy directly and ask if you can file the I-130 locally at the embassy due to exceptional circumstances.

[SalishSea 17,829]

13 hours ago, sb3570 said:

I think going off what you and @Kor2USA have said. I am definitely going to be looking into a spousal visa. I’m not sure if we can do zoom wedding since my fiancé isn’t a resident anymore but it might be easier to get married abroad in Europe and then register the marriage here and then apply for spousal. I need to also look into dcf requirements for the Irish embassy also. If anyone has any info on dcf that would also be great. 
 

but yeah I think spousal will be the way to go because with the delays for k1 now and then the restrictions of work and travel spousal is looking a lot better.

 

thanks for all your guys help!

DCF is gone, except in exceptional circumstances, which you don't have.   He does not need to be a resident of Utah/USA to do the zoom wedding.

 

You would be starting over at the petition phase, but having a green card straight away is a tangible advantage.

[SalishSea 17,829]

13 hours ago, sb3570 said:

Yeah so we had panicked a little due to the unknown of covid restrictions here but it looks like all will okay for the forceable future. The domicile issue is one that we were worried about as all he has over there is an expired license and a credit card account. I feel like if we go the spousal route then obviously the job offer will be more concrete proof. The only issue we may face is finding a joint sponsor for the i864 . We have a sponsor for the i134 but become a joint sponsor for i864 is a much bigger and riskier responsibility. 
 

I’m going to do a bit more research into timelines and processes today for each visa and then try make a decision

Yeah, unfortunately it isn't always possible to eliminate some temporary separation between couples with US immigration.  Most USCs end up coming back ahead of the intending immigrant, to establish domicile.  Most of us here have had to endure separations.

[millefleur 5,046]

8 minutes ago, Jorgedig said:

Most USCs end up coming back ahead of the intending immigrant, to establish domicile.  Most of us here have had to endure separations.

It varies by embassy and everyone's situation, some embassies are stricter than others about it. When I lived abroad, I did not have to move back to prove domicile. I did, though, make a trip back to gather evidence for domicile just in case. But I've heard others here on VJ didn't even do that, just submitted what they had (bank statements, voter registrations, etc) and got approved. Including evidence of plans to move out of the current country also counts - such as job resignation letter, end of lease, giving up residency or or expiration/cancellation of long stay visa there, etc.

[millefleur 5,046]

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[millefleur 5,046]

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