Where to file I-129F when USC has never lived in the US?

[gnougat 0]

Hi, does anyone know which service center one should file the I-129F at when the US citizen has never lived in the US? I'm French and my partner is both Australian and American, but he has never lived in the US.

Thanks

[scy 0]

Hi, does anyone know which service center one should file the I-129F at when the US citizen has never lived in the US? I'm French and my partner is both Australian and American, but he has never lived in the US.

Thanks

Does he have any proof that he is a US citizen? Never is a strong word. Was he at least born in the US?

[Anastasia 1]

I think if the USC never lived in the US, he would have to marry the girl and go through the direct consular filing (DCF), not the K-1. Here's a link about it: http://www.visajourney.com/forums/index.ph...custom&page=dcf

Edited March 4, 2006 by Anastasia

[scorpio232 0]

First question? Where does he currently live? Where do you currently live? If you both are in the same country,.. You probably want to just get married there and they file for K-3 with the U.S Embassy of that Country you live in.... He must have a domicile in the U.S.. If he does not have a residence in the U.S.... You can not do that.....

He has to show he can support you in the U.S... So, he must establish a job in the U.S... 3 years tax returns.. he just can't do this if he never lived in the U.S....

So more likely you will have to file for an Immigrant Relative.. the I-130 at the Embassy there where you get married.. Once you CR-1 is approved then you can must move with him to the U.S as an Immigrant.

[aussiewench 9]

First question? Where does he currently live? Where do you currently live? If you both are in the same country,.. You probably want to just get married there and they file for K-3 with the U.S Embassy of that Country you live in.... He must have a domicile in the U.S.. If he does not have a residence in the U.S.... You can not do that.....

He has to show he can support you in the U.S... So, he must establish a job in the U.S... 3 years tax returns.. he just can't do this if he never lived in the U.S....

So more likely you will have to file for an Immigrant Relative.. the I-130 at the Embassy there where you get married.. Once you CR-1 is approved then you can must move with him to the U.S as an Immigrant.

That totally confused the hell out of me gawd knows what it did to the OP

[gnougat 0]

Thanks for your answers.

We currently don't live in the same country so DCF is unfortunately not an option.

My boyfriend has got the US citizenship because his father was American - he's got a US passport, a social security number, and is doing a US tax return this year. He's talked to a lawyer and apparently that's enough to go through the K1 process. Since he's been using his uncle's address in New Jersey for his social security number/tax return, we'll probably use it to file the petition through the Vermont service center.

[flipside 0]

It looks like you answered your own question then!

[gnougat 0]

True... I'm still hoping there are people with similar cases out there who ended up getting the visa!

[meauxna 15]

True... I'm still hoping there are people with similar cases out there who ended up getting the visa!

The only similar cases I've seen/known of personally were for Immigrant Visas. You might want to go over the regulations for the I-129f very, very carefully and see what (if anything) it says about residence or domicile in the US.

You can also look into the possibility of you flying to Australia, getting married and doing the Immigrant Visa process there. It's very, very fast and provides a better outcome than the K-1.

Your dual citizen will still face domicile issues; he might want to meet with a US immigration lawyer before filing anything.