I need help with K1 visa i-129F form

[JohnDoe27 0]

I need help with filling out the i-129F form for a K1 visa for my fiance.

I am a U.S. citizen by birth, I have a US passport and SSN but I have not lived in the USA since I was 5 years old.

On the application I list my address as in the country outside the USA where I live with my fiance.

Question 1.

Q. 14 of the i-129F asks me for the address in the USA where my fiance will live.

But since I do not live in the USA, I do not have a residence there.

I am planning to either rent or buy a house when we arrive there after the visa is approved.

We have a friend who lives in the USA and we could say that we will stay there for a few days when we arrive before we get our own house.

If necessary I will travel to the USA in advance and rent a house, but I don't want to do this until I know the visa will be granted.

So my question is what am I supposed to do about answering this question?

Is it absolutely required to know the address where we will live in advance?

Should I put the address of our friend in USA? or should I leave it blank and attach an explanation? or both?

Question 2.

My fiance also has two children under 18 which we want to bring with us to the USA.

I cant find very much information on the internet on how to fill the form to do this?

I list the children in Q.13 on the i-129F is that all I need to do to get the K2 visa for the children?

Do I need to include a G-325A for each child too?

Question 3.

On the G-325A form, my fiance does not know the date of birth of her first husband, so we just wrote UNKNOWN in there, is that OK or is it absolutely required?

She does not have any contact with him, and he lives in a different country, so finding out this info would be difficult.

Question 4.

There aren't any US immigration attorneys in the country where I live.

I wanted to get an attorney to help with the process because we want to go to the USA quickly and it will be a big inconvenience if they tell us 2-3 months later that we made a mistake and have to start the process over again.

Does anyone know any reliable US immigration attorney that can help us over the phone/internet without actually needing to meet with the attorney in person?

Thank you in advance for helping!

[Anh map 2,098]

You will need to establish US domicile. And supply an affidavit of support for your fiance. Have you been filing US tax returns? The US taxes on worldwide income.

Really, it will be a simpler process if you marry and then apply for the spouse visa. Especially if your spouse/fiance needs to work after US entry. With the K1 there is another step that will take a few months til he/she has a green card.

The domicile and tax topics need to be addressed with either path.

The I-864 FAQ link in my signature below can give you some helpful information.

Edited July 10, 2012 by Anh map

[JohnDoe27 0]

Now I am confused.

I have never filed US tax returns, but I am aware already that I have to do them, it should not be a problem.

For the K1 visa I will use the I-134 form for affidavit of support.

I thought the I-864 is only needed for adjustment of status after we get married when we are already inside the USA, at which time I will of course have a US residence.

Nowhere in the requirements for the K1 visa does it say that the sponsor must be a US resident, only a US citizen which I am.

I don't want to get married outside of the USA and get the spouse visa (I have reasons that I want to get married in the USA).

Are you saying that its not possible to get a K1 visa because I do not live in the USA even though I am a US citizen?

[Anh map 2,098]

Now I am confused.

I have never filed US tax returns, but I am aware already that I have to do them, it should not be a problem.

For the K1 visa I will use the I-134 form for affidavit of support.

I thought the I-864 is only needed for adjustment of status after we get married when we are already inside the USA, at which time I will of course have a US residence.

Nowhere in the requirements for the K1 visa does it say that the sponsor must be a US resident, only a US citizen which I am.

I don't want to get married outside of the USA and get the spouse visa (I have reasons that I want to get married in the USA).

Are you saying that its not possible to get a K1 visa because I do not live in the USA even though I am a US citizen?

The I-864 requirements are used with the I-134 in K visa petitions. Tax filings are a part of the process. If you cannot meet the requirement for the affidavit of support you will need a joint sponsor.

Never said that you have to live in the US. Yes, an address in the US is required. Thus, lining up the domicile evidence will be helpful to your petition (and your move to the US). Sounds like you are on the road to that with your friend's house.

Take some time and get yourself into the US immigration way of thinking. Do some reading here on VJ to learn how others have found the interviews in Bucharest. It will help you approach the process in the proper manner.