Do I have to be in the USA to file the I-129F?

[Stefanie_ 0]

Hi!

I apologize if this has been asked before. I attempted to search the topics, but I have not found it.

I am an American currently living in Italy with my Fiancé. I met him here while I was studying abroad and after graduation I stayed (I am here legally with a permit of stay) and we have an apartment together. We want to get started on his Fiance visa so that we can move to the USA together.

***Additional information. My Fiance's citizenship is with Albania (his place of birth), but is a permanent resident in Italy.***

I have contacted a lawyer who told me I have to be living in the USA in order to file the I-129F, but on the uscis.gov website it does say if I am living abroad to send it to the lockbox in Texas. However, the information makes me confused because it does indicate that even for citizens currently living in the USA to send it to the Texas lockbox. When my research has shown that where you petition the I-129F depends on your state of residency. So, it's safe to say I have no idea what is correct.

1. Does anyone have any information on this or have done this themselves? Experiences?

2. Can I in fact file the I-129F while I am still living in Italy or do I need to move back (or just go back for a visit) to the US?

3. If I can send it while living abroad should I put my Italian or American address on the I-129F?

4. Also, this is a little different, but I figured I would ask here in case anyone knows. My boyfriend and I mainly communicate in Italian. His english is very beginner. For his signed statement that I have to mail in with the I-129F can it be in english or would he have to write it in Italian and we would have to send an official english translation along with it?

I appreciate any help! Thanks!

-Stefanie

Edited June 16, 2013 by Stefanie_

[jenni17 36]

Hi!

I apologize if this has been asked before. I attempted to search the topics, but I have not found it.

I am an American currently living in Italy with my Fiancé. I met him here while I was studying abroad and after graduation I stayed (I am here legally with a permit of stay) and we have an apartment together. We want to get started on his Fiance visa so that we can move to the USA together.

***Additional information. My Fiance's citizenship is with Albania (his place of birth), but is a permanent resident in Italy.***

I have contacted a lawyer who told me I have to be living in the USA in order to file the I-129F, but on the uscis.gov website it does say if I am living abroad to send it to the lockbox in Texas. However, the information makes me confused because it does indicate that even for citizens currently living in the USA to send it to the Texas lockbox. When my research has shown that where you petition the I-129F depends on your state of residency. So, it's safe to say I have no idea what is correct.

- here is the link to .gov website

1. Does anyone have any information on this or have done this themselves? Experiences?

2. Can I in fact file the I-129F while I am still living in Italy or do I need to move back (or just go back for a visit) to the US?

3. If I can send it while living abroad should I put my Italian or American address on the I-129F?

4. Also, this is a little different, but I figured I would ask here in case anyone knows. My boyfriend and I mainly communicate in Italian. His english is very beginner. For his signed statement that I have to mail in with the I-129F can it be in english or would he have to write it in Italian and we would have to send an official english translation along with it?

I appreciate any help! Thanks!

-Stefanie

You do not have to be in the US to file, I filed from abroad also. In my case I used my address in the US as the permanent address so that they would send correspondence there because I figured it would arrive quicker and there was less chance of it getting lost in the mail than if it were going to Peru. However, I explained on the I129 (in the question asking you to explain how you met) that I was currently living in Peru with my fiance so that there was no confusion.

As for the signed statement, write it in English and have him sign it (make sure he understands what it says of course)

[joshandgigi 8]

If you have been together for a long time maybe think about a DCF if Italy lets you.

[Stefanie_ 0]

You do not have to be in the US to file, I filed from abroad also. In my case I used my address in the US as the permanent address so that they would send correspondence there because I figured it would arrive quicker and there was less chance of it getting lost in the mail than if it were going to Peru. However, I explained on the I129 (in the question asking you to explain how you met) that I was currently living in Peru with my fiance so that there was no confusion.

As for the signed statement, write it in English and have him sign it (make sure he understands what it says of course)

Thanks so much Jenni for your information! Can I ask where did you send your I-129F? Was it to the lockbox in texas or should I send it to the USCIS Office for my American residency which is in NYC?

[Pitaya 2,577]

Welcome to the forum.

Have you considered getting married in Italy and then filing for a IR-1/CR-1 spouse visa? It may be easier considering your current living situation.

In particular, the visa comparison guides:

http://www.visajourney.com/content/compare

(Ignore the information about K-3 visas, they are essentially obsolete, and are usually administratively closed.)

Good luck on your visa journey.

[jenni17 36]

Thanks so much Jenni for your information! Can I ask where did you send your I-129F? Was it to the lockbox in texas or should I send it to the USCIS Office for my American residency which is in NYC?

You have to send it to the texas lockbox and from there they forward it to the corresponding USCIS office. What the above poster said about the spousal visa and DCF though is a good option also. If you get married in Italy you may qualify to apply through the italian embassy which is a quicker process. My fiance and I decided against this since I had been living in peru for a while and already spent a lot of time with his family we decided we wanted to get married in the US so that my family could share the moment with us since many of them had never met him. So we went with the K-1 instead of spousal and DCF

Here is the info about DCF filing though if you want to investigate... check to make sure italy offers it, but i'm sure they do

http://www.visajourney.com/content/dcf

[Stefanie_ 0]

Thanks everyone for the information! I think I might also check out the DCF.

[vbtwo 54]

Keep in mind that the fee must be paid with a check from a US bank too.

[bby zoey 1]

I think it's fine to file even you're outside the US, but you still need to show them your ITR for at least 1 year here in the US, and some evidence.

best of luck !

[marjon2011 4]

I was on your same position I was living abroad with my fiance and went to see a attorney and was told that 1) the visa is very clear when is says its a visa to "come and marry your fiance here in the USA". 2) you need to be generating money in other to support you future spouse, so you will need to be IN the USA in other to brinf that other person here to marry.

So maybe to file you could be still living abroad but at the moment of the interview I believe you need to be here and prove you are currently working and able to support your spouse.

So in my case I moved back to the US filed and started working. We are still waiting for our NOA2.

[canadian7 1]

I was wondering the same, I will be visiting my finance in Canada and we will file it together from there but I still live in the states. It is just convenient since we can sign all the forms and complete it together there.

[jenni17 36]

I was on your same position I was living abroad with my fiance and went to see a attorney and was told that 1) the visa is very clear when is says its a visa to "come and marry your fiance here in the USA". 2) you need to be generating money in other to support you future spouse, so you will need to be IN the USA in other to brinf that other person here to marry.

So maybe to file you could be still living abroad but at the moment of the interview I believe you need to be here and prove you are currently working and able to support your spouse.

So in my case I moved back to the US filed and started working. We are still waiting for our NOA2.

While many people, including myself, do/did move back to be working in the US by the time of the interview and thus able to sponsor it's not impossible to do the whole process from abroad. You would need to find a cosponsor to fill out the affidavit of support if you do not hold a job in the US. Or you would need to have enough in assets to satisfy the affidavit requirements.

[tcgator 1]

I also filed while living in abroad in Korea but I put my parents address as my permanent address in America. I spoke with an attorney and she told me to make my situation very clear, so in my cover letter I explained that we are both currently living abroad but that I am returning to my permanent address in America at the end of my contract in August. I was also told by the attorney that I can include my pay stubs from my work abroad and I still filed taxes for all of the years I lived abroad, so hopefully it will be fine when we have to file the Affidavit of Support.

One other thing, as others have mentioned, if you are at a point in your relationship where you feel ready to get married now, I would definitely go the DCF route. When I originally started doing research, I didn't want to go through with it because I wanted my fiance to meet my family and friends before getting married. But now after knowing what a process the K-1 and then Adjustment of Status is, all of the costs involved, the time waiting, etc., I really wish I would have gone the DCF route. It's just something to think about. Good luck!