Filing for K-1 Abroad

[Anh map 2,098]

He can demonstrate intent to reestablish domicile; the link you gave only shows how to prove current domicile. He is not currently domiciled in the US, so that scared him unnecessarily. He can, and must, get a co-sponsor for the I-134.

I will cede the point in the interest of community harmony.

[ScottThuy 140]

Perhaps someone familiar with this specific consulate/embassy would be able to shed light on the fact that a co-sponsor is possible for that specific country as it is not all countries that allow cosponsors for K1 visa. Many do not permit them... Country specific info would be prudent at this point.

[Que Saudade 284]

As others have hinted to, I would like to encourage you further to investigate further the filing of CR1.

Both have about the same processing times. If it is possible and you can file directly at the consular, then it may be even quicker for you.

While both have hurdles you will have to overcome, with the CR1, once she gets here, she will be a lawful permanent resident, thus having the ability to work and travel soon after entering. In the long run, it is cheaper and more efficient (in my opinion). We did the K1 and knowing what I know now, we would have gone the CR1 route.

Good luck....

[Que Saudade 284]

Perhaps someone familiar with this specific consulate/embassy would be able to shed light on the fact that a co-sponsor is possible for that specific country as it is not all countries that allow cosponsors for K1 visa. Many do not permit them... Country specific info would be prudent at this point.

Venezuela does allow co-sponsors. They also are sticklers about having the last 3 years tax transcripts. There are reviews that report all of this.

[chaine1 116]

Venezuela does allow co-sponsors.

If I understand correctly, I think they are planning to file in Spain.

OP - I strongly encourage you to consider the CR-1 visa. I just returned to the USA (with my immigrant husband) after 5 years abroad, and just the act of re-establishing and re-building life here has been a big job. If we had had to worry about filing for adjustment of status, EAD, etc (as with the K-1 visa), it would have only added to the stress and uncertainty.

With the CR-1 visa, my husband was able to hit the ground running as soon as he landed, which was a huge benefit during a time of enormous transition.

Only you two know what is best for you both, but I'd suggest you take a second look at the CR-1 visa.

Good Luck!

[Full Circle 0]

Wow, great to see so many people providing such amazing support for others that are going through this process!!! Thanks everyone for the info!

OK, so from what I am seeing. Possible to establish "intent" to reestablish domicile in the states, that will be easy as I have active bank accounts, credit cards, drivers license, and attend an online US university. So that should be okay, the co-sponser I assume will have to prove income over 125% of the poverty line to ensure that my spouse can be supported. Shouldn't be a problem.

What I am contemplating now is for us to get married over Christmas in the states and go through the CR-1 process (thanks for the suggestions, really what worries me is the timing). Chaine's link below makes me think that we MAY be able to hit our timeline to move back in May, HOWEVER, if I am not "auto-expidited" well then we're screwed. I'd have to move back to the states start a job, leaving my wife in Spain while she waits for her visa. What worries me about getting married in the states is really that the USCIS would see we got married in December (in the US) and sent the documents from Spain immediately (a bit suspicious???) If it didn't matter I would still be worried about the timings behind the whole process. It would be we get married in December, send everything overnight in January, hopefully get approved and sent to NVC around Feb, interviewed around April/Mayish??? Visa by the end of May?? And of course this is provided that we have no RFEs nor hickups along the way. Worst cast scenario......no expidition and then we may not even get the NOA2 until May...meaning she wouldn't be able to move until Sept or later!!!!! Quite the gamble.

Before anyone asks, the idea of us moving in May is basically that I will need to start looking for a job and obviously give notice here in Europe of my departure. I want to ensure I at least have some interviews/prospects lined up before making the move, which means the companies will want to know when i'll be able to start. If I say May/June then it'll have to be around that time, changing everything to September is not something we want to do.

[Krikit 1,163]

Welcome to the world of immigration, where timelines are a guessing game. You could always have a destination wedding in order to get the paperwork started earlier.

I am going to move your thread out of the K-1 Process forum over to General Immigration-Related Discussion until you come to a determination on which visa you are going for.

Edited August 28, 2012 by Krikit

[chaine1 116]

What I am contemplating now is for us to get married over Christmas in the states and go through the CR-1 process

If everything goes perfect (with marrying in December), you could hit that target date of May (I filed in mid-February, visa was in hand in early June). That's really pushing it though, and likely to add stress to your life!

I'll second Krikit and say look into a destination wedding. You can have a nonlegal wedding or ceremony for family and friends at a later point. That's what we did. We got married in country, and then later had a ceremony with the white dress and suits for friends and family.

If I remember correctly, Greece is an easy place to have a destination wedding.

Also, immigration won't care how soon after your wedding you file your paperwork. It's a non-issue (as long as you have proof of a bone fide relationship).

So in sum- I'd look into doing a destination wedding ASAP, and then filing ASAP!

Good Luck!