K1 visa - both living abroad.

[Sealy 1]

Hello all,

My name is Pieter and I am from the Netherlands.

Like many others I met my current fiance via online gaming and since then we started chatting every day, after a while facebook and after that skype and then I made the step to visit her in the US. Well since my visit, a month ago everything has really gone in a fast pace. During my visit we knew that we were soulmates for life and we wanted to be together, so I proposed her and we made plans to apply for the K1 visa. Before I went home we got all the paperwork sorted and were ready to send the package to the USCIS, but once I got home we started discussing other options as well and we've decided that she is coming to the Netherlands for the time being to study so that I can remain working to build up our savings. The 2nd reason for her coming to me is also that she doesn't want to wait for the K1 process and she wants to be with me, well it's likewise so it benifits us both. Once she has done her study here and I've build up a sustantial startup money then we plan on applying for the K1 visa and moving to the US.

My question for you guys is as follows.

If both she and I are living outside of the US, can we still apply for the K1 visa from the Netherlands and then wait here for the descission or does she need to do that from the US?

ps. I want to thank VJ for all the information so far, it was of great help.

Regards,

Pieter

Edited August 14, 2011 by Sealy

[Alcheringa 39]

We filed our K-1 while abroad together (FedEx), and only came to the States when my wife was approved.

You definitely can do it, but the Petitioner will just have to provide at least a family address to use for proof of domicile. I used a friend's, so it doesn't really make much of a difference.

[Alcheringa 39]

Be aware that your assets/savings as the Beneficiary cannot be used as proof of financial support for the K-1.

When you file, the U.S. Citizen will have to show evidence that she can support you herself, or find a U.S. cosponsor that can do so. Your savings will not come into play, and if you simply attempt to transfer it over to her account the unexplained funds will come under scrutiny by the USCIS.

If the purpose of postponing the K-1 largely rests on you saving money for it, then that is misdirected. Even if you do -- and the Petitioner doesn't do the same -- you'll be left square where you started in the beginning.

If she cannot meet the minimum financial guideline -- now or later -- she absolutely will have to secure a cosponsor.

Just keep that all in mind as you chart out your plan of attack.

[Virginian61 1]

Depending on how long she will study, you may want to consider a CR1. Saves time and money.

[Anh map 2,098]

Depending on how long she will study, you may want to consider a CR1. Saves time and money.

If you are going to be living together there why not marry and apply for the spouse visa directly with the embassy when you are ready to head to the US? The immigrant has a green card upon US entry so no marry, then adjust status prior to being able to work.

Do some reading here in the guides to see what course makes sense for the both of you.

[Ryan H 3,812]

If you are going to be living together there why not marry and apply for the spouse visa directly with the embassy when you are ready to head to the US?

Effective Monday 8/15, filing a spousal visa petition directly with the Embassy in The Netherlands will not be possible and there is no USCIS field office in The Netherlands.

[Sealy 1]

Hey guys,

Thanks so far for the responses. Good to read.

Regarding the assets of me, that is purely for when we are in the US so that we can build up what we want, I don't want to get into the us without any savings.

I've read indeed about the Affadavit of Support and her parents would probably be our sponsers when we apply for the K1 visa. So if I understand correctly the petitionar needs to have a US address in order to file the petition. Since she is now still living at her parents place we would then just use her parents address.

The idea is for us to stay in the Netherlands for about 1,5-2 years depending on how fast she is able to perform her study. After that we would like to move to her home country so we will probably file for the petition like half way down the road.

I will also read into the CR1, no idea what that is.

[Sealy 1]

We filed our K-1 while abroad together (FedEx), and only came to the States when my wife was approved.

You definitely can do it, but the Petitioner will just have to provide at least a family address to use for proof of domicile. I used a friend's, so it doesn't really make much of a difference.

Uhm will you then also receive the NOA1 and NOA2 on that address or will they send you that info abroad as well?

[Ryan H 3,812]

I will also read into the CR1, no idea what that is.

It's a spousal visa issued to a foreign spouse of a US Citizen when they have been married for less than two years. After entry to the US, the foreign spouse will be issued a green card that will be valid for two years, known as a conditional green card. Within 90 days prior to the year anniversary of arrival in the US, filing for Removal of Conditions will need to be done. Once conditions are removed, a green card valid for 10 years will be issued.