American Petitioner Living Abroad - I-129F Questions

[vis.a.vis 0]

Background info: I'm an American citizen, but I've lived most of my life in the Philippines and intend to continue doing so. I'm petitioning for my fiance to come to the US so that we can get married where my family is before heading back to the Philippines again. This creates a number of odd questions.

Question 1: What mailing address do I put for myself?

1. I could use my US address. But if USCIS sends me anything, then my relatives would have to mail it to me here in the Philippines. This adds expense and even uncertainty that documents will get to me.
2. I could use my Philippines address. But there is nowhere else on the form that allows for me to state my US permanent address. Additionally, ***removed*** states that my fiance's "US address should preferably be the same as [my US] address, otherwise USCIS may get suspicious."

I'm not sure which is the better option.

Question 2: What US address do I put for my fiance?

My fiance has family she can stay with in the US, so she could put their address there. But as previously mentioned, having separate US addresses seems to raise a flag with USCIS. Would it be suitable to put my permanent address in that field, even though she is unlikely to stay there for much of the time?

And side question: the text of the field says "Address in the United States where your fiance intends to live." Does this mean where she intends to stay or permanently reside? Because we will not be permanently residing in the US. I feel like this is just a minor translation issue, but I want to be clear.

Question 3: What number do I put for my fiance?

Work or cell phone? I feel like the cell phone is best for accessibility, but I'm not sure. Also, what number format do I put for an international cell phone? 011 63977 777 7777 (example only) is what you would dial from the US. 011 is to dial to the Philippines. But I'm not sure how that should work.

Question 4: How much back story on how we met do they need?

Is it literally just the story of how we met? Or how we met, then got to engagement? Roughly how long should this be? I don't want to send twenty pages of story, but I also don't want to give insufficient information.

Question 5: How do we show intent to marry?

Is it just the letter of intent to marry? Is there anything else they are asking for?

Thanks in advance! As a first-time poster, I hope I'm not asking any duplicate questions.

Edit:

Question 6 (G-325A): What if my fiance does not know her Father's City and Country of Residence?

She knows all the other details, but does not have information about his current whereabouts.

Edited April 12, 2015 by vis.a.vis

[stellar7225 0]

An American friend of mine married a French girl in the US before moving back to France with her. She never had to file any paperwork because they were never planning on living it the US. Are you planning on staying more than 3 months in the US? If not, you don't need to file anything to get married in the US. Your fiance can come on a tourist visa and then you can leave without filing the paperwork.

Note that I have no idea of tourist visa restrictions for the Philippines. Maybe you need to file something to come and have a ceremony in the US, but if you are not going to live in the US, you shouldn't need a visa for your fiance to come at all.

[aleful 1,905]

hi

there is no need to file a petition then

the purpose of the K1 if for your fiancé enter the country, you be there two, marry and adjust status to get a GC and live in the US

[vis.a.vis 0]

An American friend of mine married a French girl in the US before moving back to France with her. She never had to file any paperwork because they were never planning on living it the US. Are you planning on staying more than 3 months in the US? If not, you don't need to file anything to get married in the US. Your fiance can come on a tourist visa and then you can leave without filing the paperwork.

Note that I have no idea of tourist visa restrictions for the Philippines. Maybe you need to file something to come and have a ceremony in the US, but if you are not going to live in the US, you shouldn't need a visa for your fiance to come at all.

Unfortunately, a tourist visa is highly unlikely. Quite simply, we don't make much money at all. We make just above entry level pay. Entry level for the Philippines, which is nothing compared even to minimum wage in the US. It's not enough to support a tourist visa for her. We have applied for a tourist visa before, but we were rejected.

hi

there is no need to file a petition then

the purpose of the K1 if for your fiancé enter the country, you be there two, marry and adjust status to get a GC and live in the US

According to the US embassy's websites, the K-1 visa is a non-immigrant visa, though I understand it supplies groundwork to enable her to become a permanent resident. So all my inquiries with the embassy and with USCIS have led me to understand that the K-1 is still the appropriate visa to apply for.

[Cody and Daisy 373]

The I-129f is a fiancé visa.

It allows the beneficiary to enter the USA to get married within 90 days, and yes to stay.

The beneficiary would not be able to leave without adjusting status or getting advance parole.

This is not for you.

Your fiancé can enter on a tourist visa and get married and then you can both go back.

[aleful 1,905]

hi

not if you don't intend to live in the US

[Cody and Daisy 373]

According to the US embassy's websites, the K-1 visa is a non-immigrant visa, though I understand it supplies groundwork to enable her to become a permanent resident. So all my inquiries with the embassy and with USCIS have led me to understand that the K-1 is still the appropriate visa to apply for.

A k1 is a non immigrant visa with immigrant intent.

It is not to be used to enter the states to marry and leave.

It is to enter the states to marry and stay.

I don't agree with using it for any other reason but...

Can you prove domicile in the states?

That you earn enough or have a sponsor in the states?

You don't live there at all, so I don't know how you plan on proving a life to go there for with a k1

[vis.a.vis 0]

A k1 is a non immigrant visa with immigrant intent.

It is not to be used to enter the states to marry and leave.

It is to enter the states to marry and stay.

I don't agree with using it for any other reason but...

Can you prove domicile in the states?

That you earn enough or have a sponsor in the states?

You don't live there at all, so I don't know how you plan on proving a life to go there for with a k1

What is required to prove domicile? At what stage of the application process do I have to prove that? I have a permanent address in the US, driver's license, and a bank account that can support the two of us for awhile in the US. And I can have a sponsor as well if that amount is not enough.

Would it be possible to point me to place that proves that after getting married on a K-1 visa, it is required of us to remain in the US? Because when I called the USCIS, they did not seem to have problems with it.

[Cody and Daisy 373]

What is required to prove domicile? At what stage of the application process do I have to prove that? I have a permanent address in the US, driver's license, and a bank account that can support the two of us for awhile in the US. And I can have a sponsor as well if that amount is not enough.

Would it be possible to point me to place that proves that after getting married on a K-1 visa, it is required of us to remain in the US? Because when I called the USCIS, they did not seem to have problems with it.

It is not required because that is the whole point of the 90 days, to change your mind.

But it is a fiancé visa that 99% of people file because they want to be with their loved ones permanently.

It's taking place of someone else who wants to move here.

Their have been plenty of people who have gotten an RFE for domicile in the states which is why I asked you that.

(Don't believe me? Use the search box in the corner)

http://www.visajourney.com/forums/topic/531965-urgent-proof-of-petitioner-domicile/

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Which is why I asked because you don't officially live in the states and don't plan to so that is something you will have to be on guard for if you plan to do this.

You don't earn money in the states so you will need a sponsor that earns 125% of the poverty line.

Your fiancé will also have to have a medical ( where they will expect previous medical records including immunisations because that's what AOS requires, obviously she won't have to get ones she's missing as she won't be adjusting) and an interview.

You will need your family to open your mail or send it to you incase you get an RFE and for when you get the approval.

Expect the entire process to take up to 10 months but it can be a lot less.

Finances address- would be your U.S. Address as they would assume that is where she would be living.

Intent to marry- is a statement from both of you dated and signed saying " I the beneficiary/petitioner intend to marry beneficiary/petitioner within 90 days of my/her arrival into the states"

Contact number- any number

How you met- it's not a story of your relationship. It's where you met in person as it is a requirement to have met in person within the last two years. So you can decide on that one.

Edited April 12, 2015 by Cody and Daisy

[vis.a.vis 0]

It is not required because that is the whole point of the 90 days, to change your mind.

But it is a fiancé visa that 99% of people file because they want to be with their loved ones permanently.

It's taking place of someone else who wants to move here.

Their have been plenty of people who have gotten an RFE for domicile in the states which is why I asked you that.

(Don't believe me? Use the search box in the corner)

Which is why I asked because you don't officially live in the states and don't plan to so that is something you will have to be on guard for if you plan to do this.

You don't earn money in the states so you will need a sponsor that earns 125% of the poverty line.

Your fiancé will also have to have a medical ( where they will expect previous medical records including immunisations because that's what AOS requires, obviously she won't have to get ones she's missing as she won't be adjusting) and an interview.

You will need your family to open your mail or send it to you incase you get an RFE and for when you get the approval.

Expect the entire process to take up to 10 months but it can be a lot less.

Finances address- would be your U.S. Address as they would assume that is where she would be living.

Intent to marry- is a statement from both of you dated and signed saying " I the beneficiary/petitioner intend to marry beneficiary/petitioner within 90 days of my/her arrival into the states"

Contact number- any number

How you met- it's not a story of your relationship. It's where you met in person as it is a requirement to have met in person within the last two years. So you can decide on that one.

Understood. Thank you for the information regarding the RFE for Domicile. That's important to know. I will call USCIS to see if they have information about that.

I am now worried that they will be checking my G-325A to for proof. My G-325A will show that I have not lived in the US for the past 5 years, and that I have been employed overseas for the past 5 as well. I imagine they will read that, find a lack of evidence that I will be living in the US, then issue an RFE. Is there anything I can do within the initial application to deal with this?

[Cody and Daisy 373]

Understood. Thank you for the information regarding the RFE for Domicile. That's important to know. I will call USCIS to see if they have information about that.

I am now worried that they will be checking my G-325A to for proof. My G-325A will show that I have not lived in the US for the past 5 years, and that I have been employed overseas for the past 5 as well. I imagine they will read that, find a lack of evidence that I will be living in the US, then issue an RFE. Is there anything I can do within the initial application to deal with this?

That could more than likely come up.

I will find the checklist I saw a few moments ago for ideas.

Edit-

NAME

SOCIAL SECURITY NUMBER

FORM I-1864

No. 15 Country of Domicile

I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.

Steps I have taken to maintain US Domicile:

Maintained my XXXX voter registration

Maintained my XXXX credit card registered in the US with a US PO box

Maintained my bank account at the XXXX Credit Union

Maintained my bank account at XXXX Bank

Maintained my XXXX drivers license

Maintained my US retirement fund through XXXX

Maintained my US investment account with XXXX

Maintained my US PO box

Maintained licensure by the XXXX

Maintained membership in the XXXX

Maintained my automobile in care of my parents

Supporting Documents for the above steps I have taken:

Voter registration card showing permanent US address

XXXX credit card statement showing US billing address

XXXX Credit Union statement showing permanent US address

XXXX Bank statement showing permanent US address

XXXX drivers license showing permanent US address

Retirement fund statement showing permanent US address

Mutual fund statement showing permanent US address

XXXX license currently up to date

Renewal of XXXX membership

County tax bill showing I still own a vehicle

Steps I have taken to return to the US to take up residence:

Made arrangements for us to have a house to live in

Contacted schools for requirements of things to bring to register my children in school

Contacted my auto insurance company to find out about re-instating my insurance on my car

Contacted shipping company for estimate of costs to ship belongings

Supporting documents for the above steps I have taken:

Lease agreement for our house

Email from schools regarding registration requirements

Email from my former auto insurance company regarding my inquiry

Email from XXXX with estimate and correspondence regarding shipping our belongings

I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.

I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.

Signature: ____________________________________________________ Date: ______________________

NAME

Edited April 12, 2015 by Cody and Daisy

[RocketElephant 7]

Cody and Daisy, are you saying for this couple to get married in the US they must perjure themselves??

If the K1 visa is a non-immigrant visa, why must they prove they are permenantly relocating (e.g. imigrating) to the US?

[Cody and Daisy 373]

Cody and Daisy, are you saying for this couple to get married in the US they must perjure themselves??

If the K1 visa is a non-immigrant visa, why must they prove they are permenantly relocating (e.g. imigrating) to the US?

Because the visa is for immigrant intent.

It gives permission for the beneficiary to adjust status after marriage.

You can question it as much as you like but it is something you have to prove which is why you have to earn enough to sponsor your fiancé or have someone who does, it is why you have to prove domicile in the states, it is why you have to prove your relationship is real.

It is not a visitors visa to get married and leave.

It is a fiancé visa, a non immigrant visa with immigrant intent.

[RocketElephant 7]

Hypothetically speaking then... How does a US citizen and their non-citizen spouse visit the US without the non-citizen spouse being fantastically wealthy?

[Cody and Daisy 373]

Hypothetically speaking then... How does a US citizen and their non-citizen spouse visit the US without the non-citizen spouse being fantastically wealthy?

I'm not quite sure I understand your question.

Are you talking about visiting? A holiday?