Applying While Living Overseas

[0814evk 7]

Hello. I apologise if this is a very silly or obvious question, but I'm still trying to learn all the information I can about the visa process that awaits me. So I am an American citizen. I currently live overseas, and my fiancée, who lives where I live now, and I are planning to begin the process to move to the United States either this summer or next summer. My current income is quite low in USD, as I live overseas, and it's not enough to sponsor someone, but upon moving home, I should be able to find a job that comfortably meets the minimum income limits.

I may be wrong, but from what I understand, I don't need to provide my support affidavit or income information until the I-129F has been approved, which appears to be backlogged. If this is correct, if I decide to move home next summer, do you think it would be possible/a good idea to submit the I-129F this year, while still here working overseas (I will be home this summer, so I'll be able to procure all necessary documents). Doing this could greatly reduce the amount of time we are separated. For example, if I plan to move home in June 2023, maybe submit the I-129 in September 2022? Please let me know if this would be feasible, along with any other considerations pertaining to this situation.

Thank you!

Edited March 13, 2022 by 0814evk

[Boiler 44,855]

Best to get married and go that route.

 

Your timing looks optimistic so I would not make definitive plans.

 

The importance of good domicile evidence varies by Consulate. You can use a joint sponsor

Edited March 13, 2022 by Boiler

[JeanneAdil 6,398]

marry and file spouse visa as it is far superior to the K1

[Mike E 11,732]

1 hour ago, 0814evk said:

 from what I understand, I don't need to provide my support affidavit or income information until the I-129F has been approved

The I-134 is provided after the State department takes over the case and after the alien files DS-160 to apply for visa.  After that, when the I-134 is required varies by consulate / embassy.  Some embassies require it when the alien comes in for the interview. Some require it earlier.  
 

1 hour ago, 0814evk said:

do you think it would be possible/a good idea to submit the I-129F this year, while still here working overseas (I will be home this summer, so I'll be able to procure all necessary documents).

If you want to go the K-1 route, you should do so now and start working in the USA in 2022. Work enough months so that your 2022 tax return has sufficient income. Then continue to work in 2023, file your tax return, and then your K-1 fiancé(e) can provide your I-134 with sufficient current USA income and a record of sufficient USA income in the current year.  

1 hour ago, 0814evk said:

 

Doing this could greatly reduce the amount of time we are separated. For example, if I plan to move home in June 2023, maybe submit the I-129 in September 2022? Please let me know if this would be feasible, along with any other considerations pertaining to this situation.

Well you won’t have a tax return in 2022 with sufficient USA income. Legally you just need to show sufficient current income and some embassies are quite lax about historical income when it comes to I-134.  
 

But when your fiancé(e) is in USA and then married to you, I’ve observed that USCIS is rigid on I-864. What was acceptable to the embassy won’t always be acceptable to USCIS. 
 

I do agree with others that going the I-130 / immigration visa is best.  Get married now.  File I-130 now.  Don’t file DS-260 until 6 months before your two year marriage anniversary. Then your spouse can enter the USA on or after two year wedding anniversary and thus be a truly permanent lawful permanent resident (LPR).  
 

The only reason to do K-1 in most situations is that it is the faster path to USA citizenship.  

[Crazy Cat 41,183]

A K-1 seems an odd choice if you are together now..

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.
   

 

Edited March 13, 2022 by Crazy Cat