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katana106

Living in China on Ex-Pat assignment with Fiance

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Hi everyone, I'm new to the site and the guides have been super helpful, but I haven't found much info for people that are currently out of the US. I was wondering if any of you could answer some of my questions?

Long version:

Met my now fiance in Dallas TX, she was on H1B from China I am a US citizen by naturalization. I received an Expatriate assignment to China and she has come along. We have been living in China since 6/2/2011. As a result of her leaving the US for so long her employer is no longer sponsoring her H1B, so I just proposed to her over Chinese New Year and am planning on bringing her back to Dallas when my assignment ends 10/2012 on K1 visa. And I had a few questions regarding the forms.

TLDR:

US citizen in China with Fiance, and want to bring her back to US in Oct. 2012. Forms are confusing, help please.

Questions:

I. Is it possible to complete the K-1 visa application while out of the US?

II. Form I-129F Sections A & B Question 2.

Do we both add in our Address in China? We are currently living together.

III. Form I-129F Question 14.

What is the best address to place here. We are planning on moving back to Dallas, and we were thinking of placing her friends Apt. Address where she used to live while in Dalls. My parents are also in the US but in Arizona, so that is another option. Or do I place a Pending on return comment.

IV. Form G-325A Applicant's last address outside of the US of more than one year.

The last time I was outside of the US for more than one year was over 14 years ago. Do I still need to figure out the old address to place there?

Thanks!

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You can send the fiancee visa petition from China to the US, and you can remain in China while the file works it's way through the process..............BUT, your fiancee may not have an interview scheduled by the time your expat assignment ends.

Since you have been living in China on an expat assignment since 6/2011, you would have a residence permit and therefore, another option is available to you. You can get married in China and file a spousal visa petition at the USCIS field office that has jurisdiction for the province in which you reside (there are two USCIS field offices in China, Beijing and Guangzhou).

Regardless of which path you choose, you will have to show that you have either maintained or show evidence of re-establishing a US domicile.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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right, domicile is probably the only real challenge you are going to have to address.


Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
Married: 05-26-2010
AOS completion: 10-28-2010
ROC completion: 05-16-2013

Naturalized: 11-21-2014

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