Living in China on Ex-Pat assignment with Fiance

[katana106 0]

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!

[Ryan H 3,790]

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.

[garfield529 47]

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

[katana106 0]

Thanks for the input. I plan on heading the the US embassy to see if I am eligible for a DCF. I have spoken to my company HR and am planning to have a letter written stating my intended time of return to the US. Do you think that will be enough evidence to show intention to return?