K1 visa approval when both of us live abroad

[ricnun86 0]

Hello, new user on this forum.

After reading several forum posts I have decided to post mine as I haven't found a case that's similar to ours:

I was born in the US but raised/lived abroad ever since. I recently proposed the idea of moving back to the States to my fiancee and she accepted, however I have a huge concern:

Would it be a problem with me not currently living in the US?

Additional info: I have family in the US, we both have jobs in our country, we've been together for the last couple of years, we are way above the poverty line in both earnings and savings, we have academic degrees plus professional careers with an american company, we are both in our 20's.

Does it look like there will be any chance of this scenario turning into a success for both of us?

Thank you for your time and input

[lost_at_sea 995]

You can file from outside. That's cool.

2 issues:

Since you don't live there, you'll need to look into the domicile aspect. You'll need to show you have one or are in the process of good-faith establishing one (opening bank accounts, finding somewhere to live, applying for jobs etc.). Search the forum for examples.

You say you work for a US company? Can they transfer your job? Or would the job continue when you move? If so, that might negate the need for joint sponsor and help your domicile problem. If the job goes away when you move and no savings - joint sponsor.

Finally - have you been filing your US tax returns?

Filing from abroad is no serious issue, though. You sound like you'll have no real problems.

P.S. What country do you reside in?

Edited February 17, 2014 by lost_at_sea

[canadian_wife 1,831]

You will probably need a cosponsor as your current foreign income will not count. You may use savings, but read the I864 instructions regarding that.

Have you been paying US taxes during your time abroad?

Finally, why not get married in your current country and file for a spousal visa. You do not say but perhaps direct consular processing is available in your country

good luck

[ricnun86 0]

wow - I did not expect such a quick turn around time for a response! thank you!

We live in Costa Rica. Relocating from job will be difficult, there has to be a strong business need and that could take years, I'm actually planning on quitting, I don't think it will be impossible to find a job in the finance/accounting area in the US. I could use my father's domicile as potential residence and would be counting on savings (and him) to survive the time without job.

An attorney did warn me about the taxes and I'm in the process of paying the last 3 years (ouch - $$$$) so we can take that problem out of the way.

I did consider marriage here but everywhere I read the K1 visa is the preferred option over marriage, so...

In the end all we want is to be together so we are open to both scenarios.

[lost_at_sea 995]

wow - I did not expect such a quick turn around time for a response! thank you!

We live in Costa Rica. Relocating from job will be difficult, there has to be a strong business need and that could take years, I'm actually planning on quitting, I don't think it will be impossible to find a job in the finance/accounting area in the US. I could use my father's domicile as potential residence and would be counting on savings (and him) to survive the time without job.

An attorney did warn me about the taxes and I'm in the process of paying the last 3 years (ouch - $$$$) so we can take that problem out of the way.

I did consider marriage here but everywhere I read the K1 visa is the preferred option over marriage, so...

In the end all we want is to be together so we are open to both scenarios.

Consider the CR-1. It has many benefits, not least that the beneficiary can work and travel straight away (it takes at least 3 months to do this from filing AOS/EAD/AP on the K1 route) plus you save yourself a grand in AOS fees. Edited February 17, 2014 by lost_at_sea

[ricnun86 0]

Thank you both for your comments.

Does the CR-1 interviewing process is "easier" as we are already married? I mean: no point on taking a pile of printed conversations since we are married... how does it change from a fiancee interview.

Also, how does unemployment impacts the process? considering with obtain affidavit support would it be a big deal if she is unemployed?

[lost_at_sea 995]

Thank you both for your comments.

Does the CR-1 interviewing process is "easier" as we are already married? I mean: no point on taking a pile of printed conversations since we are married... how does it change from a fiancee interview.

Also, how does unemployment impacts the process? considering with obtain affidavit support would it be a big deal if she is unemployed?

You'll still need to gather up some relationship evidence. Interviews are probably similar. There's reviews available (look up at the main menu for.embassy reviews).

Beneficiary employment status is pretty irrelevant. So long as the petitioner can cover the affidavit, or get a joint sponsor, that's all you need to worry about.

[jamesv 3]

Thank you both for your comments.

Does the CR-1 interviewing process is "easier" as we are already married? I mean: no point on taking a pile of printed conversations since we are married... how does it change from a fiancee interview.

Also, how does unemployment impacts the process? considering with obtain affidavit support would it be a big deal if she is unemployed?

Hey ricnun86,

Just curious .. which one did you end up deciding on? Did you go with a K-1 while overseas?

Both my and my fiancée are living in Tokyo at the moment .. we filed the I-129F and are starting to look at preparations for the interview so we can request it as soon as the NOA2 comes in .. I was fairly well assured that doing the K-1 abroad was fine..just curious about the I-134.

I'm trying to figure out the affidavit of support, since I'm not sure they'll count my income here. I can probably get it from my parents as cosponsor, but I'm wondering if I actually have to or not. I can't actually find many posts about what people did in this situation despite looking quite a bit.

If you went the K-1 route, could you tell me what you did for the I-134?

Would appreciate it so much.

Thanks,

James

[TBoneTX 47,498]

The OP hasn't logged on to VJ since early March.