K1 Beneficiary Living Outside of Home Country - Advice and/or Insights Wanted (Peruvian living in Portugal)

[bnjmblzpeptus 0]

I applied for a K1 VISA for my fiancée in October of 2024.

 

My fiancée lives in Portugal, but is a Peruvian citizen and came to Portugal under a tourist visa with only a passport more than two years ago. She began to live and work there, and continues to do so. (At the time of her arrival, Portugal allowed immigrants to do so without a VISA. Since that time, laws have changed and immigrants now have to have a VISA to move there and work legally). 

 

My fiancée applied for a residency status in Portugal almost two years ago, but has yet to receive any action on her Portuguese residency. Because she has an expired tourist VISA, she currently cannot travel in the European Union until her residency is resolved in Portugal.

 

In our I-129F application, we put Lisbon, Portugal as the embassy that would process the case. However, when I was researching online, I saw that the U.S. Embassy in Portugal now conducts immigration interviews in Paris, France. I also wonder if they will decide to change the embassy location to Lima, Peru because she still doesn't have a residency in Portugal.

 

Any insights into what we should expect or advice in regard to actions we should take would be greatly appreciated.

[Boiler 46,293]

On what basis did she apply for residency in Portugal?

[bnjmblzpeptus 0]

42 minutes ago, Boiler said:

On what basis did she apply for residency in Portugal?

It was on the basis of legally working there and paying the required taxes.

[Boiler 46,293]

How was she able to legally work there as a tourist?

 

And I have never heard of paying taxes qualifying you for Residency anywhere.

 

I have been to Portugal many times, my Brother was there a few weeks ago. I am by no means an expert on the Portugese system but have a basic understanding.

 

Anyway seems she will be going home to interview.

 

 

[bnjmblzpeptus 0]

32 minutes ago, Boiler said:

How was she able to legally work there as a tourist?

 

And I have never heard of paying taxes qualifying you for Residency anywhere.

 

I have been to Portugal many times, my Brother was there a few weeks ago. I am by no means an expert on the Portugese system but have a basic understanding.

 

Anyway seems she will be going home to interview.

 

 

When she arrived the laws there allowed immigrants to come without a visa (with only a passport) and from there (after living and working there for a period of time and paying into the national tax system) apply for resident status.

 

However, in June of last year, after she had already applied for a residency, they changed the laws requiring the possession of a work permit visa before entering and initiating that process. She was more or less told that her residency application was still in process because she had applied before the laws changed. As of now she is still awaiting her residency more than two years after applying for it.

[Boiler 46,293]

Well the good news is that she does not need a visa to go to France from what I found.

[FromTheHills 17]

So would leaving Portugal endanger her Portuguese residency? I get the feeling the embassy will be understanding but are you able to maintain that residency while moving to the US? I guess there's the risk of losing it.

 

But for the Paris embassy accepting you you might as well wait and see. And if they accept you then you'll get your interview letter and it'll be fine.

 

If not then they'll ask you to transfer to the Peru embassy and you can wait in Portugal till your interview!

[EatBulaga 411]

4 hours ago, bnjmblzpeptus said:

When she arrived the laws there allowed immigrants to come without a visa (with only a passport) and from there (after living and working there for a period of time and paying into the national tax system) apply for resident status.

 

However, in June of last year, after she had already applied for a residency, they changed the laws requiring the possession of a work permit visa before entering and initiating that process. She was more or less told that her residency application was still in process because she had applied before the laws changed. As of now she is still awaiting her residency more than two years after applying for it.

 

The K1 interview can be requested for any third country consulate as long as the K1 beneficiary can show legal status there. Plus, the consulate interviews may ask if they resided in any country(s) illegally. 

 

Given what you wrote, it may be best to get the Portugal residency first, before the K1 interview.

Or if the Portugal residence does not come first, request the K1 interview in the home country Peru, and have a detailed explanation of the Portugal residence and work situation.

To make a change in the consulate interview, best to do it before the NVC stage.

Edited 23 hours ago by EatBulaga

[JeanneAdil 6,704]

Portugal has 2 steps 

1st she had to gain temporary residency to be able to work

then after living there 5 years she can apply for permanent residency

 

Portugal is part of the Schengen nation and she can travel to France for her interview

 

What she needs to do now is get the criminal report from native country Peru to be ready with this document for the interview

[Boiler 46,293]

It will be some time before  she interviews linty of time sort things out.

 

Will of course need a Portuguese Police Cert.

[bnjmblzpeptus 0]

19 hours ago, Boiler said:

Well the good news is that she does not need a visa to go to France from what I found.

Not sure. She said she wasn't sure whether she could travel outside of Portugal within the European Union until her residency was resolved.

 

You guys are suggesting that she goes ahead and requests her Peruvian and Portuguese police records now? We are right now waiting for our NOA2 (NOA1 was received October of last year).