Leaving the USA after sending the i129f form (K1 visa process)

[curitiba 0]

My fiancée (US petitioner) is a travel nurse and can easily change jobs. However, I (beneficiary) am a professor and I can not afford leaving my work to visit her in America. We are planning to send the i129f form to start the K1 visa process. After she sends it, can she travel here and stay with me all the time until I get the K1 visa?

PS: WE WOULD NOT GET MARRIAGED IN MY COUNTRY!!! She would stay overseas as a student probably. Thanks

[canadian_wife 1,823]

Yes, she may leave the US to stay with you. However, her duration of stay and all that stuff is up to the Brazillian authorities. I am not sure if she'll be admitted for the entire duration of your K-1 petition and application

Good luck

[Bobby+Umit 161]

You may also wish to consider that something may be requested of the petitioner, and they will mail it to the US address, if they are not there to answer....

[Aztec&Taino 144]

My fiancée (US petitioner) is a travel nurse and can easily change jobs. However, I (beneficiary) am a professor and I can not afford leaving my work to visit her in America. We are planning to send the i129f form to start the K1 visa process. After she sends it, can she travel here and stay with me all the time until I get the K1 visa?

PS: WE WOULD NOT GET MARRIAGED IN MY COUNTRY!!! She would stay overseas as a student probably. Thanks

She can travel and be in Brasil up to the time that the Brasilian government will let her stay (different countries have different rules and lengths of stay). But it is true, she would do well by writing down her address as a trusted friend or family member's address so they can advise her if she gets any mail regarding the petition. Of course, she would get NOA1 and NOA2, but it would be important to respond to any RFEs as well.

Are you, by chance, a Chemistry professor who recently left the US after a university fellowship?

[HappyRs 8]

just like Bobby&Umit said...you should consider the possibility of having USCIS asking for certain documents that she cannot provide if she is in Brasil (I also think you need the NOA 2 for your interview at the Consulate...unless it is not asked for in Brasil...)

[curitiba 0]

Thanks for answering. My finaceé (petitioner) adress is the same as her parents...so it should be ok with letters. However, I just found out that the petioner needs to be working during the time of the embassy interview overseas (in order to have the income writen in the I134). I wish there were some way to have her living in the same place abroad with me during the 6 Months of process...

[Aztec&Taino 144]

Thanks for answering. My finaceé (petitioner) adress is the same as her parents...so it should be ok with letters. However, I just found out that the petioner needs to be working during the time of the embassy interview overseas (in order to have the income writen in the I134). I wish there were some way to have her living in the same place abroad with me during the 6 Months of process...

But there IS a way. She would need a co-sponsor for the affidavit of support if she does not satisfy the poverty guidelines. Her mom or dad could be co-sponsors if they make enough money.

[K and L 27]

Thanks for answering. My finaceé (petitioner) adress is the same as her parents...so it should be ok with letters. However, I just found out that the petioner needs to be working during the time of the embassy interview overseas (in order to have the income writen in the I134). I wish there were some way to have her living in the same place abroad with me during the 6 Months of process...

That is not true. Brazil allows co-sponsors if your income does not meet the requirements for sponsorship. If her parents are willing and able to co-sponsor you and mail anything from USCIS *Global Express* (as there are deadlines with RFEs of about 30 days, and it will otherwise take about 2 weeks to arrive in Brazil), she can easily live in Brazil while the process is going on.

Regarding her ability to stay in Brazil through the process: a 90-day tourist visa holder is allowed to apply to the PF to get a 90 day extension. For the most part, a simple K1 application typically takes roughly 3-4 months to go through USCIS and the DOS and reach the consulate. Once it has reached the consulate, Rio typically interviews 5-7 weeks after it has arrived, and if approved, your passport should be returned to you within a week. (For instance, my husband's I129 was processed by the consulate on 8 Feb, for a 25 March interview date. The later interview was at our request.)

There may not be enough time for her to be able to to stay in Brazil during the *entire* process and be in-status as a tourist, but if you waited two or three weeks after filing for her to arrive, she should be able to be with you the rest of the time.

Edited December 27, 2010 by K and L