Applying while living somewhere else

[R&C 0]

I was wondering if I can apply for the K-1 visa, I am from the U.S., and my fiancé is from Perú and I was wondering if we could apply for the visa while I'm living in Perú with her? I wouldn't live there permenantly, I would still be a U.S. citizen. So is this possible or do you have to stay in the U.S. the entire time?

[Penguin_ie 5,987]

It's possible, but you would need a US mailing address for paperwork, such as a family member or friend who can forward stuff to you.

The alternative, if you plan on staying in Peru for some time, is to get married there and file DCF.

[R&C 0]

It's possible, but you would need a US mailing address for paperwork, such as a family member or friend who can forward stuff to you.

The alternative, if you plan on staying in Peru for some time, is to get married there and file DCF.

Would that be longer than a fiancé visa? Is that the K-3 visa or a short version of the K-3?

[Penguin_ie 5,987]

It's possible, but you would need a US mailing address for paperwork, such as a family member or friend who can forward stuff to you.

The alternative, if you plan on staying in Peru for some time, is to get married there and file DCF.

Would that be longer than a fiancé visa? Is that the K-3 visa or a short version of the K-3?

You need to be a resident in the foreign country for 6 months before applying (just living there legally, not be married- you can apply the day after the wedding!), so it is not always faster, but as you already live there, it probably would be faster for you (fiancee visa tends to take 10+ months). DCF results in the CR-1 visa, which is superior to the K3 as it means your wife won't need to adjust status once in the US and gets a green card as soon as she immigrates, saving time and money- and also means she can work right away if she chooses.

[R&C 0]

It's possible, but you would need a US mailing address for paperwork, such as a family member or friend who can forward stuff to you.

The alternative, if you plan on staying in Peru for some time, is to get married there and file DCF.

Would that be longer than a fiancé visa? Is that the K-3 visa or a short version of the K-3?

You need to be a resident in the foreign country for 6 months before applying (just living there legally, not be married- you can apply the day after the wedding!), so it is not always faster, but as you already live there, it probably would be faster for you (fiancee visa tends to take 10+ months). DCF results in the CR-1 visa, which is superior to the K3 as it means your wife won't need to adjust status once in the US and gets a green card as soon as she immigrates, saving time and money- and also means she can work right away if she chooses.

So let me try to get this straight, please bare with me. I have to live there for 6 months, then marry her, and then apply? Also, what is the usual results of this? I ask this because it seems that K-1 visas are usually approved if you have all the evidence, and it sounds like the K-1 is very easy just a little long. I don't want to marry her and try for the DFC only to find out that we aren't applicable for it and then we have to turn around and do the K-3 visa which takes longer than the K-1.

[Penguin_ie 5,987]

You can marry her anytime within the 6 months, but must be living legally in the foreign country for 6 months. So you could get married the day you arrive, then file in 6 months, or arrive, plan the wedding, get married 6 months later, then file the day after the wedding. No visa is guaranteed, but DCF has very good success rates, generally better than K1 because it is easier to proof bonafide relationship (I wrote more about this on your other thread in the DCF forum). You can check if you'd be elligible for it by contacting the US embassy in your country- in most countries, you need to be a legal resident (similar to green card holder), but some will allow you to file with limited residency or a tourist visa.