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Can I apply for K-1 visa while living abroad?

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Filed: Country: Mexico
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I am an American citizen who has been living and working in Guadalajara, Mexico for the past 4 years. I met my fiance here 3 years ago and now we are engaged. We both plan on moving to the U.S. in August 2013 (if all goes well with the fiance visa!).

My doubts are:

1. Am I allowed to file the form while living outside of the U.S.?

2. If I am currently living in Mexico, on the I-129F form, do I write my current address in Mexico or my permanent address in the U.S.?

3. Is there any problem with the payment being from a 3rd party? (my mom) Since I live out of the country and don't have my checkbook here, I plan to send all the documents to my parents who will then add the check and send the package from within the U.S.

4. Should I annex a statement about my current living/work situation? (explaining that I am required to fulfill my current work contract here until July 2013 and then I will resume my permanent residence in the U.S.)

That's all for now... I'm sure I'll have more questions soon! I appreciate any help or direction you can give me.

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Filed: AOS (apr) Country: Denmark
Timeline

Not to mess up your plans or anything but if Mexico has a USCIS field office, I'd suggest looking into getting married and going down the DCF route. Takes less time and your then-spouse will have greencard when entering the US.

If not,

1 - yes.

2 - yes however if the mail system is not reliable iwhere you're located, I'd suggest using a US address. USCIS states they won't sent harcopies overseas but some US citizens(petitioners) have gotten them.

3 - No. As long as it's a US account. It's perfectly fine as long as everything is in the entire packet.

4 - You'll have to demonstrate that at the time of interview - no reason to do so now. By the time of interview, you have to prove that you are financialy capable of supporting your future spouse meeting the minimum income requirements with either a current/ongoing US income or with assets. Besides, the G325A asks for your current job/living situation.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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Filed: Country: Mexico
Timeline

Not to mess up your plans or anything but if Mexico has a USCIS field office, I'd suggest looking into getting married and going down the DCF route. Takes less time and your then-spouse will have greencard when entering the US.

If not,

1 - yes.

2 - yes however if the mail system is not reliable iwhere you're located, I'd suggest using a US address. USCIS states they won't sent harcopies overseas but some US citizens(petitioners) have gotten them.

3 - No. As long as it's a US account. It's perfectly fine as long as everything is in the entire packet.

4 - You'll have to demonstrate that at the time of interview - no reason to do so now. By the time of interview, you have to prove that you are financialy capable of supporting your future spouse meeting the minimum income requirements with either a current/ongoing US income or with assets. Besides, the G325A asks for your current job/living situation.

Thank you, I appreciate the feedback!

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