K-1 Visa Application in other country than Form I-129F

[BryceAndRebeca 92]

Hi everyone!

 

Many thanks in advance for your help here! My Venezuelan fiancée and I have recently filed a Petition for Alien Fiancée (USCIS Form I-129F) wherein we indicated Venezuela as our location for Consular Processing. Venezuela is in the midst of a fiscal and socioeconomic crisis, and therefore we are considering leaving. My questions are:

1. Is it possible to apply as for a K-1 visa in another country? If so, where can I find good documentation on this process?
2. We'd like to apply for a K-1 visa in Ecuador (if not Venezuela). Is that possible, and if so how does the process vary?
3. Does one need to be a resident of the third country (Ecuador) in order to apply for the K-1 visa, or are there any other applicable restrictions?

 

Thanks again, and we're excited to be part of this community!

 

Bryce and Rebeca

[payxibka 10,044]

It is in the country of your nationality or your principal place of legal  residence.  You cannot Embassy shop

Edited January 8, 2018 by payxibka

[BryceAndRebeca 92]

Not at the moment; she lives in Venezuela and is a Venezuelan national. She may move to Ecuador pending what we find out about its relationship with the US and the rest of the visa process, and that would make it her place of legal residence. At the moment, this is the only country that we're considering (no shopping).

[TNJ17 1,329]

You’re gonna be waiting a while if you decide to apply through another country she has no residency in. She’s gonna have to find a legal way to have permanent residency in that country first which could take months or years depending on the country. Might as well just apply where she’s at and hope for the best. Maybe get a lawyer to help you since Venezuela is one of the countries they’re saying no to. 

[ASMS 86]

On 1/7/2018 at 9:12 PM, BryceAndRebeca said:

•  

 

No need to get a lawyer for your wife, if she doesn't work for the government (at least not for the travel ban)

The current travel ban for Venezuela, applies only for those who work with Venezuelan authorities, or government agencies.

 

You must call to the US. embassy in Ecuador to know if they can process a petition if the beneficiary doesn't hold legal residence in there.

If your wife can't get legal residence in another country, she could stay there meanwhile she waits for scheduling the interview at the U.S embassy in Caracas. Take in count that it might be complicated to return to Venezuela for the interview due to all the problem with international flights and public transportation. Also, if she stays for over 6 months in any other country, she will need to obtain criminal records for that country and for Venezuela. Some countries would not give them if the individual doesn't hold legal residence.

 

My husband sent the petition for me in 2017, but is another type of petition.

I'm Currently waiting for the NOA2 while I'm still in Venezuela. Yes, the situation in here is terrible, but I decided to stay for the interview so the process would not be so expensive and with more complications.

[Louis61404 133]

I'm in the same boat.  My fiance left to stay in Lima, Peru with family in December.  I should have NOA2 any day now, but the situation in Venezuela was just continuing to crumble.

 

I'm also working with a lawyer here, and she said it's possible they'll allow the interview to take place in Peru and transfer the case to that embassy, without legal residence as long as she hasn't overstayed in Peru.  Which come interview time, she would not have overstayed Peru.

 

No promises from lawyer they'll accept, but she said it's possible.

[payxibka 10,044]

1 minute ago, Louis61404 said:

I'm in the same boat.  My fiance left to stay in Lima, Peru with family in December.  I should have NOA2 any day now, but the situation in Venezuela was just continuing to crumble.

 

I'm also working with a lawyer here, and she said it's possible they'll allow the interview to take place in Peru and transfer the case to that embassy, without legal residence as long as she hasn't overstayed in Peru.  Which come interview time, she would not have overstayed Peru.

 

No promises from lawyer they'll accept, but she said it's possible.

For a non-jurisdictional transfer will require the Embassy in Peru to agree to accept the case file.  They are not obligated to accept a transfer like this

[Louis61404 133]

Just now, payxibka said:

For a non-jurisdictional transfer will require the Embassy in Peru to agree to accept the case file.  They are not obligated to accept a transfer like this

Correct.  That's exactly what I said.

 

No guarantees, but we'll see how it goes.  I think the longest she can stay in Peru as a tourist is 183 days or something.  Lawyer noted that if she were there over that time, we'd likely be disqualified from the case being transferred.

[BryceAndRebeca 92]

I'm going to leave this comment here mostly for posterity because there is a lot of confusion and misinformation already going on in this thread.

 

For those of you who have left comments based off past and issue-specific experience, thank you very much! Rebeca & I greatly appreciate you sharing your story, and the things that you actually know with us.

 

For those of you who haven't, I would implore you to require a higher amount of rigor from your posts. Please just admit that you don't know what you're talking about, that you only have a partial picture of what we were asking, or that you don't know. It's ok: we don't hold it against you. However, you could be costing other people time and mental overhead that they can scarcely afford.

 

These are the facts. For anybody looking to verify them for themselves, please contact the National Visa Center (NVC) directly, as they are the canonical authority on these matters. Their staff was also extremely helpful and polite. Any "advice" from third party sources should be scrutinized thoroughly, and treated as non-actionable until proven otherwise.

1. Normally, US Consular Processing in a country other than the one requested on the Form I-129F is possible only if one is a resident of that country. Visa appointment requests for non-residents CAN however be granted at the discretion of the US Embassy or Consulate. We were told additionally, that they take political concerns (such as an imploding Venezuela and the necessity to seek temporary relocation) under consideration to grant appointments. (Full disclosure: we are no longer pursing this option for other reasons.)
2. The process to change the location for consular processing (from Venezuela to Ecuador) would have been relatively straightforward for us since our Form I-129F has not yet been reviewed, and could have been amended prior to review. This may not be the case if your paperwork is in the process of being reviewed or has already been reviewed.
3. Contact the NVC and the specific Embassy or Consulate where you intend to schedule your visa appointment to get feedback that applies to your specific circumstances.

All the best!

 

Bryce & Rebeca

Edited January 11, 2018 by BryceAndRebeca

[JJ89 13]

On 1/11/2018 at 12:51 AM, BryceAndRebeca said:

I'm going to leave this comment here mostly for posterity because there is a lot of confusion and misinformation already going on in this thread.

 

For those of you who have left comments based off past and issue-specific experience, thank you very much! Rebeca & I greatly appreciate you sharing your story, and the things that you actually know with us.

 

For those of you who haven't, I would implore you to require a higher amount of rigor from your posts. Please just admit that you don't know what you're talking about, that you only have a partial picture of what we were asking, or that you don't know. It's ok: we don't hold it against you. However, you could be costing other people time and mental overhead that they can scarcely afford.

 

These are the facts. For anybody looking to verify them for themselves, please contact the National Visa Center (NVC) directly, as they are the canonical authority on these matters. Their staff was also extremely helpful and polite. Any "advice" from third party sources should be scrutinized thoroughly, and treated as non-actionable until proven otherwise.

1. Normally, US Consular Processing in a country other than the one requested on the Form I-129F is possible only if one is a resident of that country. Visa appointment requests for non-residents CAN however be granted at the discretion of the US Embassy or Consulate. We were told additionally, that they take political concerns (such as an imploding Venezuela and the necessity to seek temporary relocation) under consideration to grant appointments. (Full disclosure: we are no longer pursing this option for other reasons.)
2. The process to change the location for consular processing (from Venezuela to Ecuador) would have been relatively straightforward for us since our Form I-129F has not yet been reviewed, and could have been amended prior to review. This may not be the case if your paperwork is in the process of being reviewed or has already been reviewed.
3. Contact the NVC and the specific Embassy or Consulate where you intend to schedule your visa appointment to get feedback that applies to your specific circumstances.

All the best!

 

Bryce & Rebeca

Hey Byrce,

 

I'm in the same boat as you. My fiance is from Venezuela, we met in Colombia, but are living in Ecuador right now. As a venezuelan,  there is a residency visa that she can receive in Ecuador called MERCOSUR.  It is around 250 bucks. Lasts for a few years, and is of relative ease to get.  With all the issues going on in Venezuela, can you tell me how it is to live there? We were going to go back to Venezuela and wait out the Interview, but I chickened out. Take care man!