Can I, the petitioner, file for a K3 while abroad?

[nebodihome 0]

If I am a U.S. citizen, my spouse is from country A and we are residing together temporarily in country B (where I am working abroad), can I petition for my spouse to come to the U.S. via the K3 process?

The aim would be that once I get notice from my employer that I would be moving back to the U.S., I would begin the process and then, about 1 year later, we would both come into the U.S.

Some concerns:

1. Since I would be temporarily abroad, do I need to demonstrate that I would be relocating back to the U.S. permanently within the year? How do I prove this?

2. Since my spouse would also be with me in Country B, would it be reasonable/acceptable for her to travel back to her Country A to file for the visa and do the interview?

3. After my spouse enters the U.S. on a K3, would she be eligible to exit the U.S. immediately to visit her family in Country A, for example?

Thank You!

[Darnell 8,478]

YES.

1. Yes. Drill around in the DCF forum - we have lots of posts there covering 're-establishment of domicile'

2. Only if truly doing a K-3. Assume for the moment it's unavailable to you, and you have to handle a CR-1 path instead. She doesn't have to get back to 'file for the visa' but must be there for medical and interview.

3. Sure. On a K-3, she has 2 years after first entry into USA before the next Adjustment of Status.

Some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[nebodihome 0]

YES.

1. Yes. Drill around in the DCF forum - we have lots of posts there covering 're-establishment of domicile'

2. Only if truly doing a K-3. Assume for the moment it's unavailable to you, and you have to handle a CR-1 path instead. She doesn't have to get back to 'file for the visa' but must be there for medical and interview.

3. Sure. On a K-3, she has 2 years after first entry into USA before the next Adjustment of Status.

Some light reading?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Darnell, thank you for your reply. I did a quick skim through the DCF forum and links and, my quick and dirty conclusion is:

1. I can be working in Country B and file the I-130 at Country B's U.S. consulate

2. My spouse, whether living with me in Country B or still in Country A, can file for CR-1 visa in Country B and return to her Country A for the medical and interview (I just want to make sure she can come back to her country for the interview in her native language...)

3. Someone, like my parent, can fill out the I-864 as the joint sponsor (so that I can avoid the hassle of proving I will have a job once I move, etc.)

Is that all correct? Thanks!

[Darnell 8,478]

I was mentioning the DCF forum solely for you to read about 're-establishing USA domicile' bits, as this is one of several things a returning expat must do.

as for your approach to filing a DCF'd I-130 - hey ! check the availability of this with Country B, the US Embassy there. As of mid August 2011, this option was yanked from over 1/3rd of the US Embassies worldwide - anyone living abroad in that 1/3rd 'patch' has to file to Chicago now.

on yer item 2 - it's really USCitizen Specific - you have to have 'time of presence' in Country B - she can't interview in Country A on any DCF'd I-130 at all.

3. sure.

[nebodihome 0]

I was mentioning the DCF forum solely for you to read about 're-establishing USA domicile' bits, as this is one of several things a returning expat must do.

as for your approach to filing a DCF'd I-130 - hey ! check the availability of this with Country B, the US Embassy there. As of mid August 2011, this option was yanked from over 1/3rd of the US Embassies worldwide - anyone living abroad in that 1/3rd 'patch' has to file to Chicago now.

on yer item 2 - it's really USCitizen Specific - you have to have 'time of presence' in Country B - she can't interview in Country A on any DCF'd I-130 at all.

3. sure.

Okay, so let's say I am in Country B and file through Chicago (I assume I can live abroad but still file in Chicago, even if this would end up being expensive for me). My spouse, even if she lives with me temporarily in country B, can still file for her visa in her home country A and interview there, correct?

In a nutshell, this is my situation: I will be working in country B. My fiance is in country A. We want to get married in A and have her live with me in B, and then move back to the U.S. together. We would prefer for her interview to be conducted in her native language in country A. What is the best approach?

Thank you.

[Darnell 8,478]

you won't have time of presence in Country A, so DCF benefits in Country A are unavailable to you.

to have the interview in Country A, you either:

--have time of presence in Country A, file a DCF'd I-130 to the USEmbassy IV unit there

or

--file to the Chicago lockbox..

[Darnell 8,478]

--

fwiw - she will not be chasing after a K-3. I need to you understand that, soonish.

[nebodihome 0]

--

fwiw - she will not be chasing after a K-3. I need to you understand that, soonish.

So she will be chasing for the CR1.

1. If I am working abroad in country B, I can still file (with help of a friend in the U.S, or by physically visiting the U.S., or by snail mail) in Chicago and my then-spouse, even though she will be temporarily residing with me in B, can then travel back to her home country A and do the interview there?

2. But I also need to make sure that once I petition in Chicago, that I have already began the process of "re-establishing domicile" etc. ?

3. As an alternative to #2, can I travel back to the U.S. every 6 months and thus maintain residence there (say, at my parent's home) while working abroad, and have my mother sponsor my spouse, thus avoiding everything under #2?

Thanks! I will keep digging, of course

[nebodihome 0]

I just found this: http://manila.usembassy.gov/wwwh3207.html

Not that the Philippines have anything to do with my situation, but I assume the process would be the same. The way that link lays it out, it makes me wonder whether I need to establish domicile at all if my mother, who will be living permanently in the U.S., sponsors my spouse? It seems like the establishing domicile is only intended to give legitimacy to the I-864, but if someone else sponsors, then as long as I am the spouse and the U.S. citizen, I don't need to worry about demonstrating my intent to live in the U.S.?

[Darnell 8,478]

So she will be chasing for the CR1.

1. If I am working abroad in country B, I can still file (with help of a friend in the U.S, or by physically visiting the U.S., or by snail mail) in Chicago and my then-spouse, even though she will be temporarily residing with me in B, can then travel back to her home country A and do the interview there?

2. But I also need to make sure that once I petition in Chicago, that I have already began the process of "re-establishing domicile" etc. ?

3. As an alternative to #2, can I travel back to the U.S. every 6 months and thus maintain residence there (say, at my parent's home) while working abroad, and have my mother sponsor my spouse, thus avoiding everything under #2?

Thanks! I will keep digging, of course

1. YES.

2. maybe. needs to be done by interview day, not by 'petition filing day'.

3. there's ways for expats to maintain domicile without coming into usa. i've done it before, twice.. no need to travel back to usa.

Edited January 4, 2012 by Darnell