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stayorgo

Once i send the I-129f packet... can I leave?

By stayorgo in K-1 Fiance(e) Visa Process & Procedures

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stayorgo Newbie

stayorgo   2

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Filed: Timeline
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Hi!!!! First post here!!!! :)

So do you actually have to be in the US to file the I-129f??? I have two scenarios:

1) I am outside of the US. Can I send the completed packet to a trusted individual in the US who then sends in the packet? Or is this a no-no?

2) Okay, I'm inside of the US and I send in my packet. No further steps needed, right? I can leave the country at will to be with my fiance in his home country... right? I'm talking about leaving the US right after sending the I-129f package, and staying outside of the country until my fiance is able to enter.

(extra note: this consulate does not allow direct consular filing for non-residents, so we want to take the Fiance-visa road for his permanent residence.)

Thanks for your help! Please let me know if you need clarification to answer my questions... they seem pretty confusing, haha.

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hi!!!! First post here!!!! :)

So do you actually have to be in the US to file the I-129f??? I have two scenarios:

1) I am outside of the US. Can I send the completed packet to a trusted individual in the US who then sends in the packet? Or is this a no-no?

2) Okay, I'm inside of the US and I send in my packet. No further steps needed, right? I can leave the country at will to be with my fiance in his home country... right? I'm talking about leaving the US right after sending the I-129f package, and staying outside of the country until my fiance is able to enter.

(extra note: this consulate does not allow direct consular filing for non-residents, so we want to take the Fiance-visa road for his permanent residence.)

Thanks for your help! Please let me know if you need clarification to answer my questions... they seem pretty confusing, haha.

1. The instructions for the form specifically say you can file from outside the US. You do not have to relay the packet through someone in the US. Actually receiving correspondence from USCIS at a foreign address is another story. Some people have gotten their notices at their address abroad without problems. Some have gotten them very late or not at all. You reduce the risk if you've got an address in the US and someone who can reliably receive your mail there. One piece of mail you will not want to miss is the approval notice for the I-129F. You'll need this to apply for a green card in the US.

2. You may get an RFE for additional documents or evidence. If you don't have the documents they request, and don't respond to the RFE in a timely fashion, they will deny the petition. If you don't have what they need with you abroad then you might have to return to the US to get it. On the other hand, if you're fairly careful to provide everything required, then you shouldn't get an RFE. If you don't get an RFE then there's nothing that requires you to be present in the US while the petition is adjudicated.

extra note: As far as I'm aware, no consulate will allow DCF filing for non-residents.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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stayorgo Newbie

stayorgo   2

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Filed: Timeline
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Thank you for the response JimVaPhuong! Cleared things up for me perfectly. :)

Hmmm...I thought the USCIS required you to file a change-of-address form with them if you moved.

I will not be moving, I will be visiting. The visa to Chile allows one to enter Chile for 3 months at a time as many times as you want (which is easily feasible by a 6 hour bus-ride or plane over to Mendoza, Argentina.) I will not be opening a bank, nor changing my address for other purposes, nor anything that would indicate my change of address, since indeed, I will not be changing my address. I am a current university student, so my home address is my parents' address so that would not be complicating receiving any packages.

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Aztec&Taino Proficient

Aztec&Taino   144

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Filed: K-1 Visa Country: Dominican Republic
 Timeline
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Thank you for the response JimVaPhuong! Cleared things up for me perfectly. :)

I will not be moving, I will be visiting. The visa to Chile allows one to enter Chile for 3 months at a time as many times as you want (which is easily feasible by a 6 hour bus-ride or plane over to Mendoza, Argentina.) I will not be opening a bank, nor changing my address for other purposes, nor anything that would indicate my change of address, since indeed, I will not be changing my address. I am a current university student, so my home address is my parents' address so that would not be complicating receiving any packages.

Your situation then sounds ideal. Your parents could notify you of any USCIS mail received at their US address (unless they don't want you to marry your fiance, in which case they may very well say there is no mail for you!) and let you know of the petition receipt, RFEs (if any), and the approval. Then you would get to be with your fiance while you wait, whan an enviable arrangement! I am assuming that your parents would later have to sponsor your petition since you are not working, but if they are willing, then you have GREAT parents and should be quite thankful for their help.

Best of luck!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Hi!!!! First post here!!!! :)

So do you actually have to be in the US to file the I-129f??? I have two scenarios:

1) I am outside of the US. Can I send the completed packet to a trusted individual in the US who then sends in the packet? Or is this a no-no?

2) Okay, I'm inside of the US and I send in my packet. No further steps needed, right? I can leave the country at will to be with my fiance in his home country... right? I'm talking about leaving the US right after sending the I-129f package, and staying outside of the country until my fiance is able to enter.

(extra note: this consulate does not allow direct consular filing for non-residents, so we want to take the Fiance-visa road for his permanent residence.)

Thanks for your help! Please let me know if you need clarification to answer my questions... they seem pretty confusing, haha.

Be sure to have with you all the documents and items that your fiance will need to take to his interview. Things such as the documents needed for the I-134 affidavit of support and any originals of documents submitted with the petition. It's also advisable to have a complete copy of the petition package at the interview in case part of the submission gets lost.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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