Jump to content
Sign in to follow this  
seite-b

US dual nationality citizen living abroad

8 posts in this topic

Recommended Posts

Hi,

I was born in Europe but also hold a US passport as my father is American. I have never lived in the US but am planning to move there with my British fiance. Is it possible to apply for a K1 visa for him from outside the US? Do I have to live in the US to do this?

Any help would be great.

Thanks!

Share this post


Link to post
Share on other sites

It is better to marry and file a spousal visa. A K-1 visa requires that you marry within 90 days of entry to the US, and then requires that the immigrant apply for Adjustment of Status, which costs $1070, so that the immigrant can become a legal permanent resident. While that application is processing, the immigrant cannot work or travel internationally. The K-1 is not a permanent residency visa for people who are engaged. Is that what you are looking to do?


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Hi,

I was born in Europe but also hold a US passport as my father is American. I have never lived in the US but am planning to move there with my British fiance. Is it possible to apply for a K1 visa for him from outside the US? Do I have to live in the US to do this?

Any help would be great.

Thanks!

I think you are supposed to show that you have residency/an income to support him in the US.



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

Share this post


Link to post
Share on other sites

I think you are supposed to show that you have residency/an income to support him in the US.

To add further to this question, suppose the petitioner has residency in the US but is unemployed, will it do to just have a co-sponsor who can vouch for us? My fiance is going to be relocating literally just prior to my interview, do we have a shot at getting the visa approved with a co-sponsor in the event that he is not immediately employed? I know it's best if he has job and there's every chance he will but just wondering what the odds are if one has residency but not income yet has a co-sponsor.


jin5xmldq.png

09/23/2010- Met online

12/23/2010- Met in person in Kenya

02/01/2011- Visited him in China

02/14/2011- He proposed while I was in China

07/09/2011- Moved to China to be with him

12/19/2011- Went to US to meet his family

01/08/2012- Went back to China with him

02/29/2012- Went back to Kenya to await fiancee visa :-(

02/07/2012: I-129F Sent

02/10/2012: USCIS received I-129F

02/10/2012: NOA1 date

02/15/2012: Touched

02/22/2012: NOA1 received in mail

05/05/2012: Broke up :(

Based on timeline data, your I129f may be adjudicated between July 6, 2012 and July 9, 2012*.

"Where there is faith

There is a voice calling, keep walking

You’re not alone in this world

Where there is faith

There is a peace like a child sleeping

Hope everlasting in He who is able...

It is a wonderful, powerful place

Where there is faith" 4Him

Share this post


Link to post
Share on other sites

To add further to this question, suppose the petitioner has residency in the US but is unemployed, will it do to just have a co-sponsor who can vouch for us? My fiance is going to be relocating literally just prior to my interview, do we have a shot at getting the visa approved with a co-sponsor in the event that he is not immediately employed? I know it's best if he has job and there's every chance he will but just wondering what the odds are if one has residency but not income yet has a co-sponsor.

That is country specific you need to ask in your regional forum.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

It is better to marry and file a spousal visa. A K-1 visa requires that you marry within 90 days of entry to the US, and then requires that the immigrant apply for Adjustment of Status, which costs $1070, so that the immigrant can become a legal permanent resident. While that application is processing, the immigrant cannot work or travel internationally. The K-1 is not a permanent residency visa for people who are engaged. Is that what you are looking to do?

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

Share this post


Link to post
Share on other sites

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

The K-3 isn't an option any longer. You would file a petition for the CR-1/IR-1: http://www.visajourney.com/content/i130guide1


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

Share this post


Link to post
Share on other sites

I have heard a lot of people say that a K3 (spouse visa) takes a lot longer than the K1 fiance visa. I'd be happy to pay a bit more to speed things up. I'm also happy to marry in the first 90 days so that's not the problem. My worry is that I don't currently work or live in the US. Can I do everything by post or do I need to see someone in person? I can show I have a regular income but that's in the UK where I currently live with him. Is that a problem? Thanks for all the advice!

If you want to get a spousal visa, you can file directly with the embassy in London and go super fast... like weeks. You can't do that with a K-1. You will need a co-sponsor in the US, or assets.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×