Living Abroad Visa Issues - K1

[Jess & Jack 1]

My fiance (NZ citizen) and I are going to apply for the K1 visa. We are currently living abroad in NZ and I am on a temporary visa that ends in 6 months. I realize that the K1 process may take around 6-9+ months before its approved. I would rather stay with my fiance for the entire process. If I apply for an extension on my current visa in NZ (assuming the K1 takes longer than 6 months) will this have a negative effect on my fiance's K1 process? 

Thank you

[KULtoATL 1,551]

You'll need to re-establish your domicile in the US so might be a better idea that you return to Stateside instead of sticking around NZ.

[charlesisjan 39]

48 minutes ago, KULtoATL said:

You'll need to re-establish your domicile in the US so might be a better idea that you return to Stateside instead of sticking around NZ.

Any way to prove this?

I'm also in the same boat. 

[KULtoATL 1,551]

Here's a very informative older thread on that matter: 

 

 

[Pakxicans 18]

4 hours ago, Jess & Jack said:

My fiance (NZ citizen) and I are going to apply for the K1 visa. We are currently living abroad in NZ and I am on a temporary visa that ends in 6 months. I realize that the K1 process may take around 6-9+ months before its approved. I would rather stay with my fiance for the entire process. If I apply for an extension on my current visa in NZ (assuming the K1 takes longer than 6 months) will this have a negative effect on my fiance's K1 process? 

Thank you

How long you've been in living in NZ. If you are living in NZ for more than 6 months you can apply for CR1 (DCF). Otherwise for K1 you have to come back to re establish your domicile which will cause a delay in applying for K1. So if you put together the time frame. Establishing you domicile first then apply for K1. It will take you around an year But if you go for CR1. Get married in NZ apply for CR1 (DCF) coz it be the same 1 year plus it will save you a lot of money. Because after k1 visa you still have to apply for AOS, EAD, AP.

 

 

[jan22 2,897]

New Zealand does not offer DCF, as there is no USCIS Field Office there.  The petitioner would need to show an exceptional circumstance and seek approval to apply locally.  There is no indication of any exceptional circumstances in the OP's posts.

Edited June 13, 2017 by jan22

[Jess & Jack 1]

Thank you for your replies. I've been living in NZ for close to 8 months now. 

I also just talked to customer service and they said I can apply from abroad with the support of our sponsors (my parents) who we will also be living with. He never indicated that I needed any exceptional circumstance to do this.

I've come up with a list of items that I may use to show domicile in the US.

- Letter from Parents to show an address where we will live/give support & that we are serious about moving

- Student loans being paid

- US Bank Account (consistent deposits + correspondence)

- Current Drivers License (I had to renew a couple of months ago and have correspondence with) 

- Voters Registration

- Applying for jobs

- Selling Items

-No permanent residency

-living here 8 months only on temp visas (not sure if this will help any)

I'm sure we could come up with more but those are the main ones on the top of my head.

He also mentioned that if they do deny it that we could get married and apply for the i-130 because it has no domicile requirements.

[Pakxicans 18]

27 minutes ago, Jess & Jack said:

Thank you for your replies. I've been living in NZ for close to 8 months now. 

I also just talked to customer service and they said I can apply from abroad with the support of our sponsors (my parents) who we will also be living with. He never indicated that I needed any exceptional circumstance to do this.

I've come up with a list of items that I may use to show domicile in the US.

- Letter from Parents to show an address where we will live/give support & that we are serious about moving

- Student loans being paid

- US Bank Account (consistent deposits + correspondence)

- Current Drivers License (I had to renew a couple of months ago and have correspondence with) 

- Voters Registration

- Applying for jobs

- Selling Items

-No permanent residency

-living here 8 months only on temp visas (not sure if this will help any)

I'm sure we could come up with more but those are the main ones on the top of my head.

He also mentioned that if they do deny it that we could get married and apply for the i-130 because it has no domicile requirements.

i think It will do you the work. In my opinion, getting married and applying for CR1 is the best choice. As it won't make any difference in time if you are doing it get it done faster. One more thing, co-sponsor which will be your parents not considered in K1. In CR1 you can have someone else sponsor you.

Edited June 13, 2017 by Mehar