Can I file for K1 while I am not in my home country ?

[pushbrk 13,561]

Thank you KimandRuss and others for your good advise I will keep reading the forum and the guides :-)

At the moment is there any thing I can do for the CR-1 before I Marry as at the moment that looks my best bet might have to jump to the other forum if that seems the best route :-)

You can start collecting the documents needed to include with the petition and to show bona fides. You can learn the process by studying the guides and reading threads from people who have gone ahead of you. Good luck.

[PeteUS325 0]

Definitely check into DCF. I'm not 100% sure how it works in Australia because each country has different rules but that would definitely ease the amount of time you may have to be apart.

Good Luck

Bex xxx

Sorry I guess I should read up but what is a DCF ?

I did read this on the following site

http://usaimmigrationattorney.com/DCFandnoDCFcountries.html

Australia*(Changed their policy and will now only accept Direct Processing of the Family-Based I-130 Petition in cases where the Petitioner is a resident and physically resides in the country for at least 6 months.)

Because I have so many questions is there any one that I can turn to eg help line visa services that might be in Australia that i can turn to for help and guidance ?

First, you can't file anything. US Citizens file visa petitions for their spouse or fiance(ee).

It sounds like your USC fiancee is a resident of Australia for more than six months but DCF is for a spouse. You say you want to marry in the USA. Unless you change your plan to marry first and file after (You could still travel to the US for the marriage, then return to Australia.) then DCF is not an option.

Your fiancee can file an I-129F petition for a fiance visa for you but she'd need to list a USA address on the petition. Parents, friend or family address will do. Then, since she has no US income, she'll need a co-sponsor towards the end of the process.

They "Guides" here are very helpful.

>..... since she has no US income ......

All US citizen has to file for IRS-1040 regardless of where they live so that should be the proof for financial support. Of course if she doesn't make the 125% of poverty guideline then she will need to either get a co-sponsor or put up liquid assets.

Personally I live and work in Bermuda and my fiancee has just received her K-1 visa. From my experience and what our attorney told me there are only two key things that the VO will look at regarding your case.

1) Financial support from the US petitioner so the applicant will not become a public charge when they come into US

2) Proof of genuine relationship

[Davis 0]

Thank for you help I have been reading the forums and guides and going through the paper work that is needed, as well as working how what I have to do to get married here. Every day I learn a new little bit of knowledge or hint about the whole process.

Today's tip is

>..... since she has no US income ......

All US citizen has to file for IRS-1040 regardless of where they live so that should be the proof for financial support. Of course if she doesn't make the 125% of poverty guideline then she will need to either get a co-sponsor or put up liquid assets.

My girlfriend for the last 6 years has not filed any US tax returns while she has been living and working here she has filed every single Australian tax return but did not know she had to report her foreign earning to the US

I have been trying to read Publication 54 (2007), Tax Guide for U.S. Citizens and Resident Aliens Abroad but I now have more questions than answers

[mark_wins 0]

I have been with my finance for 7 years now, for the last 6 years we have been together living/working in Australia on my 457 Business visa.

She is American and I am British

We feel that our time is up in Australia and its time to return home to friends and family and to get married. We want to move to the US and get married start a family and settle down :-)

I would like to leave Australia by the end of the year, Can I start filing any paper work here or doing any thing while I am here or do I have to wait until I am back in my home country England and she is in the US, I am worried if I go back to the Uk she would only be able to spend 3 months there and we would be split up again.

Would getting Married here help ?

Thank you for your help

I filed my 129F while i was living in Malaysia and went fine.

My wife and I are now living here in Memphis TN!

However, you will need an address in the US. Just make sure it is someone you can depend on to fax or email the Notice of Action letters you will receive from USCIS

The process went well. The two item that the US is interested in is a true relationship and financials. If you have that sorted, you are good to go mate…. Cheers!

[Davis 0]

Hi mark_wins thank you for your comments, The address I am going to use will be my mother in laws so I hope I can trust her The relationship should be pretty easy to show I have made sure we have kept just about every thing from plane tickets from 7 years ago to phone records letters photo's so we have a good lits of things that we have been together and have a pretty good relationship.

The financials is the hard thing see my comment above about my girlfriend not filing her taxes in the US. We have plenty of money here in our joint AU bank are US bank account in the US is very low :-( If I sort the taxes out can I get a bank statement to show that we are financially stable and wont live off the state and that she will be able to support me.

My company here do not want to let me go so they are happy for me to work in the US remotely so i will have a job from day 1.