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rks_emelander

K-1 Petitioner address and travel

By rks_emelander in K-1 Fiance(e) Visa Process & Procedures

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rks_emelander Apprentice

rks_emelander   5

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Posted (edited)

My question regards the physical presence of the petitioner during the K-1 process. The specifics of my (petitioner) situation:

 

- I have a job that allows (and requires) me to travel abroad for prolonged periods

- I don't currently maintain a personal permanent household in the US

- My legal and mailing address in the US is my parents' home

- When I do stay in US for lengthy periods, it is usually short-term rentals of 1-6 months, while maintaining my legal address at parents' home

 

Following approval/late in the process of a K-1 visa, I plan to establish a more permanent presence and household in the US for us to reside. However, am I required to do so early and throughout in the process? Or will I be able to continue spending long periods abroad (including occasional visits to her in her home country, or meeting her elsewhere) and keep the legal permanent address as it is in the meantime?

Thanks all!

Edited by rks_emelander
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TBoneTX Grand Master

TBoneTX   45,291

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
1 hour ago, rks_emelander said:

keep the legal permanent address as it is in the meantime

Do this -- it's simplest and safest.

And welcome to the forum.  :) 

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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rks_emelander Apprentice

rks_emelander   5

Posted
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22 minutes ago, TBoneTX said:

Do this -- it's simplest and safest.

And welcome to the forum.  :) 

 

Thank you very much for the welcome and reply, @TboneTX. 😀

 

My main concern in this situation is:

  1. Whether or not there is any requirement that I (as the petitioner) have a physical presence or established home in the US for any/most/all of the period while the K-1 visa is processing?
  2. And if not, would there be any negative consequence or perception in the visa application processing for being abroad and not being present in the US during much of that time?

Thanks and best regards

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TBoneTX Grand Master

TBoneTX   45,291

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

1.  Nope.  If your parents' address is where you get your mail, that counts.  And, as a USC, you're entitled to travel anywhere you please or where your job assigns you.

 

2.  Nope.  Use your travel capabilities to spend "face time" with your fiancee, because that goes far in establishing a bona fide relationship in the eyes of the consular officer.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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