Form I-129F question

[Edbangkok 0]

I am a US citizen who has lived in Thailand for the last ten years. My fiancé(who is Thai) and I plan to move to the United States and marry there. We expect to settle in Fort Lauderdale. How do I fill out question 28 on Form I-129F(Address in the United States where your fiancé intends to live), as I do not currently have an address in the United States.

Thanks for any advice you can offer

[J & L 10]

Well, do you already know where you'd be staying at? Maybe with your relatives or someone you know?

If not maybe you could leave a blank and attach an additional sheet explaining your situation. I do think they're going to need an US address to mail you your NOA though...

Edited August 3, 2013 by J & L

[Ning 619]

I am a US citizen who has lived in Thailand for the last ten years. My fiancé(who is Thai) and I plan to move to the United States and marry there. We expect to settle in Fort Lauderdale. How do I fill out question 28 on Form I-129F(Address in the United States where your fiancé intends to live), as I do not currently have an address in the United States.

Thanks for any advice you can offer

If you are sure you are going to marry why not do it in Thailand and then file for a C R 1 visa using the DCF method? There are many advantages in this including the use of a co sponsor. DCF will save you a lot of time and some expense as well as giving her a green card very soon after arrival.

[Karee 4,191]

If you are sure you are going to marry why not do it in Thailand and then file for a C R 1 visa using the DCF method? There are many advantages in this including the use of a co sponsor. DCF will save you a lot of time and some expense as well as giving her a green card very soon after arrival.

Yep. I was going to post the same thing. Don't make the mistake I made. DCF is exponentially better than the K-1 visa.

[BughouseMaster 3]

Yep. I was going to post the same thing. Don't make the mistake I made. DCF is exponentially better than the K-1 visa.

Hmm... I'd like to know what makes you make such a bold claim!

[Karee 4,191]

Hmm... I'd like to know what makes you make such a bold claim!

Multiple reasons.

1. I takes a couple months vs. 6-12 months

2. It results in a green card upon arrival in the U.S. without having to adjust status.

3. You can file everything in the foreign country without having to file things in the U.S.

4. There's a few others I can't think of.

[Ning 619]

Multiple reasons.

1. I takes a couple months vs. 6-12 months

2. It results in a green card upon arrival in the U.S. without having to adjust status.

3. You can file everything in the foreign country without having to file things in the U.S.

4. There's a few others I can't think of.

Karee you are too humble at times. You forgot to add experience and knowledge which the doubter lacks completely.

[Edbangkok 0]

Thanks for all of your replies. I apologize for leaving out an important piece of information. We are a same sex couple. We have been living together in Thailand for the last ten years because, until now, it has been impossible for my Thai partner to emigrate to the United States. We cannot get married in Thailand(or any place in Southeast Asia). So, that still leaves me uncertain how to reply to the address in the United States question. In connection with the address question, I just noticed another potential problem. USCIS

states that at the consulate interview, in order to demonstrate financial support, my fiancé may need to present form I-134( this form may not be required). The instructions for this form clearly state that I need to reside in the United States.

[Karee 4,191]

Thanks for all of your replies. I apologize for leaving out an important piece of information. We are a same sex couple. We have been living together in Thailand for the last ten years because, until now, it has been impossible for my Thai partner to emigrate to the United States. We cannot get married in Thailand(or any place in Southeast Asia). So, that still leaves me uncertain how to reply to the address in the United States question. In connection with the address question, I just noticed another potential problem. USCIS

states that at the consulate interview, in order to demonstrate financial support, my fiancé may need to present form I-134( this form may not be required). The instructions for this form clearly state that I need to reside in the United States.

You're going to need an address in the U.S. USCIS will send you notices there. One receipt notice when the get your I-129F, and one when they approve it. Also, NVC will send you a notice when the case is forwarded to the consulate in Bangkok. Do you have an address of a family member or friend you can use in the U.S.?

As far as the I-134, you don't need to have an address in the U.S. to submit that form from what I can see. It asks for your address, but the form has extra fields for country and even states (zip code if in U.S.) I can't seem to find anywhere in the instructions where it requires you to reside in the U.S. Could you post that here?

[Ning 619]

Thanks for all of your replies. I apologize for leaving out an important piece of information. We are a same sex couple. We have been living together in Thailand for the last ten years because, until now, it has been impossible for my Thai partner to emigrate to the United States. We cannot get married in Thailand(or any place in Southeast Asia). So, that still leaves me uncertain how to reply to the address in the United States question. In connection with the address question, I just noticed another potential problem. USCIS

states that at the consulate interview, in order to demonstrate financial support, my fiancé may need to present form I-134( this form may not be required). The instructions for this form clearly state that I need to reside in the United States.

That's a game changer for sure. As a Thai I know you are right about the ability to marry in Asia. Ridiculous if people understood how accepting we are about gays in every day life there.

In my own case which was not a K 1 my husband had lived in Thailand for 2 years but was able to write statement for the embassy which explained the domicile question. They never questioned us about it.

I copied some info below that should answer you question about addresses.

According to the U.S. State Department in Washington, D.C. (which oversees Embassies):

"The sponsors must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above."

I think the 134 is mandatory now for K 1 cases. In your case the US citizen would need to write a statement indicating they lived for that long in Thailand and include as a tax transcript any IRS info for at least one year if possible.

Your case will have a support issue if I understand this correctly. BKK does not allow co sponsors in most cases but I think you must try unless you have substantial liquid assets to offset the lack of a US income.

Do you have someone that would sponsor you if it were allowed? If so there is a way to present that in an attempt to use them.

.

[Andy and Pui 16]

That's a game changer for sure. As a Thai I know you are right about the ability to marry in Asia. Ridiculous if people understood how accepting we are about gays in every day life there.

In my own case which was not a K 1 my husband had lived in Thailand for 2 years but was able to write statement for the embassy which explained the domicile question. They never questioned us about it.

I copied some info below that should answer you question about addresses.

According to the U.S. State Department in Washington, D.C. (which oversees Embassies):

"The sponsors must have taken a credible combination of steps to make the U.S. his immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other indices of residence. The sponsor should also have made other arrangements to relinquish residence in the third country. It is not necessary for the sponsor to precede the sponsored family members to the U.S. to re-establish residence and domicile provided that the sponsor has taken the type of concrete steps outlined above."

I think the 134 is mandatory now for K 1 cases. In your case the US citizen would need to write a statement indicating they lived for that long in Thailand and include as a tax transcript any IRS info for at least one year if possible.

Your case will have a support issue if I understand this correctly. BKK does not allow co sponsors in most cases but I think you must try unless you have substantial liquid assets to offset the lack of a US income.

Do you have someone that would sponsor you if it were allowed? If so there is a way to present that in an attempt to use them.

.

I was wondering about the I-134 as well and how that would play into this and would not really know until the interview at the embassy. Hopefully the USC has been paying taxes or has the assests for the I-134. Worst case scenario would be the USC to go back to the US a few months before to establish domicile here and find a job here.

[NikLR 13,231]

Remember the I-134 comes about by the interview stage. Is it possible for you to move back before then to establish domicile?

[Jamnan_n_Steve 17]

I believe you may need to establish your domicile in a state where you are allowed to marry. I remember this issue coming up with close relations as well. There was a thread started recently for same sex partners.

Best of luck on your journey.

Steve

[Karee 4,191]

I believe you may need to establish your domicile in a state where you are allowed to marry. I remember this issue coming up with close relations as well. There was a thread started recently for same sex partners.

Best of luck on your journey.

Steve

I remember that as well. I'm starting to think they should have a separate forum for these issues here on VJ. They seem to be unique due to the fact you can only get married in certain countries and certain states. This is going to be a common question here in the future. I'll post a topic about it in Site Related Questions and see if it gets any traction.

Edited August 4, 2013 by Karee

[KayDeeCee 4,895]

I believe you may need to establish your domicile in a state where you are allowed to marry. I remember this issue coming up with close relations as well. There was a thread started recently for same sex partners.

Best of luck on your journey.

Steve

They do not have to reside in a state that allows SSM. They only have to marry in one that does. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2543215c310af310VgnVCM100000082ca60aRCRD&vgnextchannel=2543215c310af310VgnVCM100000082ca60aRCRD