Filing for K1 visa while living abroad with your fiance

[dd2024dd 6]

I'm a US citizen, currently living in Nairobi, Kenya with my fiance, a Kenyan citizen. We're planning to apply for K1 visa. I have read the instructions on the USCIS website, but I have a couple of questions:

 

1. Do I have to mail the I-129F form using the snail mail, or can I file online?
2. Payment wise, I'm wondering how can I pay for I-129F filing from Kenya?
3. I also read that they may require a biometric screening. I wonder if I can do it at the embassy in Nairobi?
4. Lastly if they green light the application, can I go with her to the embassy for the interview here in Nairobi?

 

Thanks in advance!

[powerpuff 6,677]

7 minutes ago, dd2024dd said:

Do I have to mail the I-129F form using the snail mail, or can I file online?

Physical mail only

 

8 minutes ago, dd2024dd said:

Payment wise, I'm wondering how can I pay for I-129F filing from Kenya?

Do you not have a check book for a US based checking account or a US credit card? 
 

9 minutes ago, dd2024dd said:

I also read that they may require a biometric screening. I wonder if I can do it at the embassy in Nairobi

It’s extremely rare for petitioners and when it’s needed, it’s usually when a certain criminal background is involved (Adam Walsh Act crimes). 

 

10 minutes ago, dd2024dd said:

1. Lastly if they green light the application, can I go with her to the embassy for the interview here in Nairobi?

 

After COVID most consulates stopped letting petitioners accompany beneficiaries.

 

 

As a side note, any particular reason you’re choosing K1 over CR1? 
 

K1 applicants have to adjust status once they arrive in the US and those fees are about to increase drastically:

 

[Crazy Cat 41,809]

1.  Petition for Alien Fiancé(e) | USCIS  Cannot file online.

2.  Petition for Alien Fiancé(e) | USCIS

3.  You won't be required to do biometrics.

4.  Probably not.  Check the regional forum.

 

[dd2024dd 6]

Thank you, both.

 

Sorry, I'm very new to this. What is CR1? And what's the advantage of it over K1?

 

Yes, I agree, the fees are quite steep. Even now.

@powerpuff I don't have a check book with me in Kenya, but I have it in the US. I also have a US based bank account. And also a credit and a debit card.

[Boiler 45,443]

Marry and file the I 130, which you can do online.

[Crazy Cat 41,809]

7 minutes ago, dd2024dd said:

Thank you, both.

 

Sorry, I'm very new to this. What is CR1? And what's the advantage of it over K1?

 

Yes, I agree, the fees are quite steep. Even now.

@powerpuff I don't have a check book with me in Kenya, but I have it in the US. I also have a US based bank account. And also a credit and a debit card.

A CR-1 is a spousal visa.  Here is my comparison:

 

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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[powerpuff 6,677]

22 minutes ago, dd2024dd said:

 

Sorry, I'm very new to this. What is CR1? And what's the advantage of it over K1

Spousal visa. Plenty of threads on comparisons between the two here:

https://www.visajourney.com/forums/forum/157-what-visa-do-i-need-family-based-immigration/

[dd2024dd 6]

Oh, great. Thank you, guys. The spousal visa indeed looks better.

 

We wanted to marry in Kenya first and even filed a petition with the Kenyan government. It turned out though that they require something called an "affidavit of no impediment" or something that I need to get from the US embassy, but I have no idea how and where to get it from them. Any idea what that thing is? I also tried to book an appointment, and it takes over a month just to get it.

 

Otherwise I just thought to go with what I already heard about, the K1 visa.

[Boiler 45,443]

You can marry online - Utah

[dd2024dd 6]

3 minutes ago, Boiler said:

You can marry online - Utah

But I'm not a resident of UT. Would that matter? How does that online marriage even work?

[powerpuff 6,677]

Many couples here on VJ married though Utah Zoom marriage. Plenty of info on their official page https://www.utahcounty.gov/Dept/Clerk/Marriage/ceremony.html

[Ontarkie 14,215]

~~Moved to What Visa Do I Need, from K1 P&P - the OP is starting to research options.~~

[dd2024dd 6]

1 hour ago, powerpuff said:

Many couples here on VJ married though Utah Zoom marriage. Plenty of info on their official page https://www.utahcounty.gov/Dept/Clerk/Marriage/ceremony.html

 

Oh wow, is that for real?

 

So you go on a Zoom call with them and then they give you a marriage certificate for $35. And it's legal and accepted by the USCIS.

I couldn't find it in their FAQ page if someone has to be a resident of the Utah to use that online marriage.

[powerpuff 6,677]

4 minutes ago, dd2024dd said:

Oh wow, is that for real?

 

So you go on a Zoom call with them and then they give you a marriage certificate for $35. And it's legal and accepted by the USCIS.

Yes, it’s a legitimate thing and very much a normal US marriage certificate issued by Utah county. For USCIS, they require the couple to meet in person after the Zoom ceremony if they were in separate locations so for couples that live in different countries this would mean taking a trip to the beneficiary to meet that USCIS requirement. However, you already are physically together so that doesn’t apply to you.

 

4 minutes ago, dd2024dd said:

couldn't find it in their FAQ page if someone has to be a resident of the Utah to use that online marriage.

That means you don’t have to be a resident. Just like in Las Vegas, people from all over the world can marry there.

Edited February 9 by powerpuff

[dd2024dd 6]

@powerpuffwow, that's great. Thanks for that suggestion. That sounds like a winner to me!

I've been reading their website, and the scheduling page mentions this:
 

Quote

Remote Appearance via Video Conference Ceremonies:

The couple is required to get their license before scheduling their ceremony

Do you know, what license are they referring to?