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I134 residence questions

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Filed: K-1 Visa Country: Burkina Faso
Timeline

Sorry if this has been asked and answered already; I searched and couldn't find anything that answered my specific questions.

1. The I134 question 2 says "I am __ years of age and have been residing in the US since ____"

I am a natural born US citizen and am currently residing in the US, but in the past I have lived outside the US for several years (eg, we lived in Europe from 1986-93; more recently I lived in Burkina for a year but kept a mailing address in the US). Do I put the date I last re-entered the US from a residence abroad, or do I put my date of birth?

2. Also, my fiancé's address will likely change (to a different country) between now and the interview - but we don't know his exact future address. Will it be a problem if his residence listed on the I134 doesn't match his residence at the time of the interview? Should we wait to complete the I134 until after he moves?

(I am filling the I134 out now because I will be visiting him soon and that may be the last time I see him before the interview - and we're not sure whether I can be there for the interview. I could always ship the stuff out, but I figured it would be cheaper to give to him in person.)

thanks!

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Filed: K-1 Visa Country: Burkina Faso
Timeline

I did look at those (as well as the 134 instructions and a number of posts) and they did not answer my questions. The example has the DOB listed but that could be because the person in question resided in the US their whole life. I apologize if I am overinterpreting the question, but it is not clear (to me, at least) because I have NOT resided in the US continuously since birth.

Nor does the example answer my question regarding the beneficiary's address change

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Filed: Citizen (apr) Country: Russia
Timeline

I did look at those (as well as the 134 instructions and a number of posts) and they did not answer my questions. The example has the DOB listed but that could be because the person in question resided in the US their whole life. I apologize if I am overinterpreting the question, but it is not clear (to me, at least) because I have NOT resided in the US continuously since birth.

Nor does the example answer my question regarding the beneficiary's address change

How long have you resided abroad?

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Filed: K-1 Visa Country: Vietnam
Timeline

You have been residing in the US since the last time you returned from residing abroad. There is a difference between residing abroad, and simply visiting abroad. You can be absent from the US, but if the absence is intended to be temporary, and you maintain your residence and ties to the US, then you are still residing in the US. If you quit your job, put your stuff into storage, and move out of your house or apartment, then you're no longer residing in the US.

Why does any of this stuff matter? Because a sponsor is required to be a US citizen or permanent resident who resides in the US. This requirement isn't usually enforced with an I-134 from the primary sponsor, but it may be enforced on a joint sponsor who submits an I-134, and it WILL be enforced when your fiance arrives in the US, marries you, and you submit an I-864 for his adjustment of status. There's no minimum length of residence required, but your feet must be firmly anchored in the US when you submit the I-864. The government can't enforce the contract portion of the affidavit if you're living abroad.

When USCIS approves your petition it will be sent to the National Visa Center (usually for no more than a few weeks), and then forwarded to the US consulate in the country where they think your fiance is living. They usually go by the address you write on the I-129F. If he's living in a different country at the time then you may have to jump through some hoops to get the US consulate in Burkina to forward the petition to the consulate in the country where he's living, and it will undoubtedly cause some delays. Is he a citizen or legal resident of Burkina? Can he return to Burkina for the visa interview? It would save you considerable headache and delays if so.


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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Filed: K-1 Visa Country: Burkina Faso
Timeline

You have been residing in the US since the last time you returned from residing abroad. There is a difference between residing abroad, and simply visiting abroad. You can be absent from the US, but if the absence is intended to be temporary, and you maintain your residence and ties to the US, then you are still residing in the US. If you quit your job, put your stuff into storage, and move out of your house or apartment, then you're no longer residing in the US.

Why does any of this stuff matter? Because a sponsor is required to be a US citizen or permanent resident who resides in the US. This requirement isn't usually enforced with an I-134 from the primary sponsor, but it may be enforced on a joint sponsor who submits an I-134, and it WILL be enforced when your fiance arrives in the US, marries you, and you submit an I-864 for his adjustment of status. There's no minimum length of residence required, but your feet must be firmly anchored in the US when you submit the I-864. The government can't enforce the contract portion of the affidavit if you're living abroad.

When USCIS approves your petition it will be sent to the National Visa Center (usually for no more than a few weeks), and then forwarded to the US consulate in the country where they think your fiance is living. They usually go by the address you write on the I-129F. If he's living in a different country at the time then you may have to jump through some hoops to get the US consulate in Burkina to forward the petition to the consulate in the country where he's living, and it will undoubtedly cause some delays. Is he a citizen or legal resident of Burkina? Can he return to Burkina for the visa interview? It would save you considerable headache and delays if so.

Thanks for the very clear answer! Now I understand the reasoning behind the question

The consulate problem is actually the inverse. He is a citizen of Burkina and in France on a student visa that expires end Sept. On the advice of a lawyer who we ended up not hiring (and, to be honest, hoping to avoid a return ticket to Burkina - the fares on that route are extortionary) we put Paris as the consulate, hoping the visa would be processed before his student visa expired. It is now clear that that will not happen, and we will need to switch the consulate to Burkina. From reading others' experiences it sounds like this may be done if we can catch our file when it is at NVC - so I am planning to call them daily once we receive the NOA2! He cannot return to Paris for the visa interview once his french visa expires.

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I lived abroad for a while too... so I handwrote this form and said:

From birth - present (bar 11/25/07 - 02/05/11)

-7 years (1986-93)

-1 year (2009-10)


K1 Journey
11/2006...... met for the first time on a night out in London!
11/25/07..... I moved to the UK to be with him :-)
02/27/09..... he proposed!
08/30/10..... sent I-129F
09/02/10..... NOA1
01/27/11..... NOA2 (147 DAYS from NOA1)
03/22/11..... INTERVIEW! (201 DAYS from NOA1) - APPROVED! --> Read the review here!
03/25/11..... visa received!!!
06/09/11..... POE LAX!! --> Read the review here!

AOS Journey
07/22/11.... SSN received
08/27/11.... our wonderful wedding!!
09/23/11.... sent AOS package
09/25/11.... AOS package delivered in Chicago (7:33 p.m.)
10/10/11.... AP rejection letter, refiled 10/17
10/11/11.... NOA1 received via text & email (AOS + EAD only)
10/15/11.... hard copies of NOA1 for AOS + EAD received (dated 10/7)
10/17/11.... refiled AP
10/18/11.... successful biometrics walk-in, Santa Ana, CA (appt for 11/1)
10/20/11.... NOA1 for AP
12/12/11.... call in to USCIS. Told to call back after 12/26.
12/23/11.... I-765 approved

02/1/12...... Interview
02/02/12.... Approved!
02/10/12.... Hubby's GC in hand!

ROC Journey

12/09/13.... sent I-751 to CSC

12/10/13.... package delivered / NOA1

12/12/13.... cheque cashed

01/06/14.... biometrics

04/18/14.... approval letter dated (received 4/22)

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