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GarebearandKristy

K-1 Applicant and Petitioner Living in UK - Proving Domicile

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My fiancée (US Citizen) and I are currently living in the UK and my fiancée has been living here since April 2014 on a UK unmarried partner visa.

We are currently in the process of applying for the K1 visa, however have read mixed comments about whether it is possible for her to act as an affidavit of support for me, as she is currently not resident within the US.

Is it just a case of providing evidence which could deem her 'domicile' in the US?

ie bank statements

evidence of payment into US bank account

car registration

mail to US address

If so, how is this submitted as part of the K1 visa application?

The petition of support has been approved with my fiancé registered to our UK as opposed to her US address.

Any help would be greatly appreciated -thank you!

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We are currently in the process of applying for the K1 visa, however have read mixed comments about whether it is possible for her to act as an affidavit of support for me, as she is currently not resident within the US.

Domicile is not a requirement for approval of an I-134 Affidavit of Support. However having a job earning money to support you once in the US could be a problem if she is in the UK currently. The Affidavit of Support form and documentation of her income will be taken to your interview in London.

Domicile in the US is a requirement for those getting a spouse visa and using the I-864 Affidavit of Support. That does not apply to you. There is no such requirement for the I-134 you will take to a K1 interview.

The petition of support has been approved with my fiancé registered to our UK as opposed to her US address.

I have no clue what you mean by that


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Domicile is not a requirement for approval of an I-134 Affidavit of Support. However having a job earning money to support you once in the US could be a problem if she is in the UK currently. The Affidavit of Support form and documentation of her income will be taken to your interview in London.

Domicile in the US is a requirement for those getting a spouse visa and using the I-864 Affidavit of Support. That does not apply to you. There is no such requirement for the I-134 you will take to a K1 interview.

I have no clue what you mean by that

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Thanks Nich-Nick.

So as I understand it:

No requirement to show domicile at this stage however there is a requirement after we get married in the US, when I apply for the adjustment of status and submit the I-864?

A sponsor who signs an I-864 (spouse or even joint sponsor) must be domiciled in the US. It's in the instructions for the form. That is the form you will need for adjustment of status after you marry. At that point she will be in the US.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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