Filing K-1 visa while living abroad

[EmilAustin 2]

Hi All,

Apologies if a similar question has already been asked before

 

We're planning to file for K-1 visa while my fiancée and I live together in Russia and when the visa is granted move to the US. I'm going to fill up the 129f petition and send to Dallas lockbox within DHL international mailing

My question is the application asks to write the address in the US my fiancee intents to live but we don't have the exact address right now and are going start looking for a place right before we leave. What's the recommendation in this case? Can I just write UNKNOWN and add explanation in the addendum.

 

P.S. if anyone has any tips about filing from abroad, it'd be greatly appreciated!

Thanks!

[Crazy Cat 41,845]

A K-1 might be a poor choice if you are together there.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

 

[EmilAustin 2]

9 minutes ago, Crazy Cat said:

A K-1 might be a poor choice if you are together there.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

 

Hi Crazy cat! Thanks for the comparison! My fiancee and I talked K1 vs CR1 differences and decided K1 will be the best option for us right now.

We do live together but want to go with K1 path

[Unlockable 7,314]

K1s are taking just about as long as CR1s now. But the choice is yours.

 

To answer your question, you have to establish domicile. Domicile is a residence, job, paying taxes, etc.  If you have family or friends you can trust, ask if you can use their address in the meantime. An easy way to get a case delayed, refused, or denied is implying "we'll figure it out when we get there". So putting "unknown" is highly risky.

 

BTW, you have been filing US taxes every years while you were living in Russia? It is another requirement (and law) that can cause problems with a case.

[EmilAustin 2]

16 minutes ago, Unlockable said:

K1s are taking just about as long as CR1s now. But the choice is yours.

 

To answer your question, you have to establish domicile. Domicile is a residence, job, paying taxes, etc.  If you have family or friends you can trust, ask if you can use their address in the meantime. An easy way to get a case delayed, refused, or denied is implying "we'll figure it out when we get there". So putting "unknown" is highly risky.

 

BTW, you have been filing US taxes every years while you were living in Russia? It is another requirement (and law) that can cause problems with a case.

Hi Unlockable! Thanks for looking into my question.

 

I've just naturalized myself last year and we've been having LDR (long distance relationship) for the past couple years and I've been paying taxes every year. Now having passport on my hands I wanted to move in with my fiancee in Russia while waiting for her visa then relocate to the US together.

I do have friends and address I can use in the us but just wanted to make sure what's the best thing to do here.

 

[arken 4,197]

Use a friend's or relative's address for now (with their permission). It can change when you move.

[JeanneAdil 6,498]

19 minutes ago, EmilAustin said:

Hi Unlockable! Thanks for looking into my question.

 

I've just naturalized myself last year and we've been having LDR (long distance relationship) for the past couple years and I've been paying taxes every year. Now having passport on my hands I wanted to move in with my fiancee in Russia while waiting for her visa then relocate to the US together.

I do have friends and address I can use in the us but just wanted to make sure what's the best thing to do here.

 

Best thing is CR1

[SteveInBostonI130 3,434]

2 hours ago, EmilAustin said:

Hi Crazy cat! Thanks for the comparison! My fiancee and I talked K1 vs CR1 differences and decided K1 will be the best option for us right now.

We do live together but want to go with K1 path

Please note that the US Embassy in Moscow is closed for visa processing, and it may not reopen for several years based on current trends.

 

Warsaw processes immigrant visas for Russia now, and the K1 is taking longer than CR1.

 

One plus for the K1 is that it will be easier than CR1 to dissolve a relationship if things don't go well or if your fiance finds it difficult to live in the US.  But if this is not much of a concern for you two, then I suggest CR1 if the goal is to get to the US quicker.

[slavaskii 886]

4 hours ago, SteveInBostonI130 said:

Please note that the US Embassy in Moscow is closed for visa processing, and it may not reopen for several years based on current trends.

 

Warsaw processes immigrant visas for Russia now, and the K1 is taking longer than CR1.

 

One plus for the K1 is that it will be easier than CR1 to dissolve a relationship if things don't go well or if your fiance finds it difficult to live in the US.  But if this is not much of a concern for you two, then I suggest CR1 if the goal is to get to the US quicker.

Granted, Warsaw appears to be a relatively quick embassy, and was handling Belarusians for years without much issue. Plus, now that Poles are in the visa-free program the embassy probably has more resources to allocate elsewhere. I can't see the interview stage as being determinative of K1 v CR1 times overall unless Russians are being given absolute last priority for slots.

 

In any case, it appears as if OP has made up his mind on the K1 v CR1 route, and I wish him great luck  

Edited January 22, 2022 by slavaskii

[millefleur 5,046]

3 hours ago, slavaskii said:

I can't see the interview stage as being determinative of K1 v CR1 times overall unless Russians are being given absolute last priority for slots.

There was a recent post in the RUB forum that this actually might be the case. Apparently Warsaw right now has become flooded with refugees from Ukraine, Belarus and even Afghanistan and so the Russians who are considered to be in a more "safe" situation are being put on the back burner. Of course this is just hearsay from another VJ member but given all the political unrest right now in Eastern Europe I would not be surprized:

 

 

 

[EmilAustin 2]

 

10 hours ago, slavaskii said:

Granted, Warsaw appears to be a relatively quick embassy, and was handling Belarusians for years without much issue. Plus, now that Poles are in the visa-free program the embassy probably has more resources to allocate elsewhere. I can't see the interview stage as being determinative of K1 v CR1 times overall unless Russians are being given absolute last priority for slots.

 

In any case, it appears as if OP has made up his mind on the K1 v CR1 route, and I wish him great luck  

Thanks! I hope hope that's the case!

[EmilAustin 2]

7 hours ago, millefleur said:

There was a recent post in the RUB forum that this actually might be the case. Apparently Warsaw right now has become flooded with refugees from Ukraine, Belarus and even Afghanistan and so the Russians who are considered to be in a more "safe" situation are being put on the back burner. Of course this is just hearsay from another VJ member but given all the political unrest right now in Eastern Europe I would not be surprized:

 

 

 

Thanks for the link! It looks like some people have to wait quite a while for the appointment  I'm aware of the current situation in Moscow embassy and I was thinking to fill in Kazakhstan embassy as the one I'm going to apply. I hope Warsaw isn't the only one people are redirected for K1 visa but I'm not sure if I'm allowed to do that. I'm trying to find out if anyone has already done it before.

[JeanneAdil 6,498]

7 hours ago, EmilAustin said:

Thanks for the link! It looks like some people have to wait quite a while for the appointment  I'm aware of the current situation in Moscow embassy and I was thinking to fill in Kazakhstan embassy as the one I'm going to apply. I hope Warsaw isn't the only one people are redirected for K1 visa but I'm not sure if I'm allowed to do that. I'm trying to find out if anyone has already done it before.

I believe the beneficary has to be a permanent resident to interview in embassies other than the one currently doing them for Russia 

[SalishSea 17,828]

23 hours ago, EmilAustin said:

Thanks for the link! It looks like some people have to wait quite a while for the appointment  I'm aware of the current situation in Moscow embassy and I was thinking to fill in Kazakhstan embassy as the one I'm going to apply. I hope Warsaw isn't the only one people are redirected for K1 visa but I'm not sure if I'm allowed to do that. I'm trying to find out if anyone has already done it before.

You cannot just pick an embassy.  Even if you write in a random one, the default is for Russians to interview in Poland, unless they are legally resident somewhere else.

 

Either visa path will take at least two years.

[EmilAustin 2]

11 hours ago, Jorgedig said:

You cannot just pick an embassy.  Even if you write in a random one, the default is for Russians to interview in Poland, unless they are legally resident somewhere else.

 

Either visa path will take at least two years.

Thanks, that's what heard from other people too

It's really surprising how much time it takes nowadays. K-1 used to be the fastest