Applying for k-1 Visa living abroad

[mpcosta 0]

Hi,

I am an american citizen living in Brazil and I am engaged to a Brazilian guy. We have plans of going to the US, since I got a scholarship for my PhD at an American University. He is an engineering here in Brazil, and we are confident he will find a job in the US.

We started the application for the K-1 visa and VJ has been so helpful! Thank you so much

I have one question though that I could not find at any topic here, I'm sorry if it has already been discussed.

Regarding the first step, filling out the I-129F and sending it along with the required documents : Since we both live in Brazil, are pictures of both of us and a picture of me with the engagement ring enough? Or should I send proofs that we both live here and have jobs, our undergraduate diplomas, etc.. ??? Any other ideas are welcome!

Other couples that have done this process abroad, any advice is very welcome! Please let me know anything you find important that is different from when the USC applies from the US..I am very nervous I will forget something!

Edited February 24, 2014 by mpcosta

[Paz_Tranquilidade 61]

HI there!

With my application (albeit it was an I-130), I sent in the following as bona fide proof:

• photos (I put them together in a PowerPoint presentation where there were 4 pictures / slide and printed out the slides. 7 pages total, 28 pictures)
• joint credit card statements (if you have that in Brazil , print that out and translate it)
• a letter explaining our relationship (2 pages long - how we met, events that happened, etc.) Since you don't have a marriage cert, maybe a letter with the intent to marry and something explaining your relationship.
• photocopy of my Brazilian tourist visa with some stamps showing I entered and left Brazil to visit him
• photocopy of my husband's US tourist visa with some stamps showing he entered and left the US to visit me
• Do you own a home in Brazil or do you rent? Maybe something proving that you two live together?
• If you've texted each other using whatsapp or perhaps a screen shot of your text messages to each other? (since I doubt that you both Skype...)

You don't need proof of employment and diplomas unless it proves your relationship.

They will ask you about your jobs on the biographical form (G-325a) that you send in with the I-129F and about degrees and jobs again at the DS-230 / DS-160 form at the NVC stage.

Just keep in mind that after this is approved, you will have to have proof of income that you can support your fiancé. A TA/RAship doesn't make enough money to do that as per the rules about 125% above the line of poverty. (I know this since I'm a grad student, too.) So, keep in mind someone who can be a joint sponsor when you get to the NVC.

boa sorte!

[Removed030114 48]

If you're filing K1, which I assume because you stated that you are completing the I-129F, then you will need to establish domicile in the US before your interview, and also prove that your income meets the poverty guideline; foreign earned income will not be considered in the I-134 financial affidavit. You can however use a co-sponsor. If you are not able to establish domicile in the US, then your petition will be denied.

Edited February 24, 2014 by CNTrav

[mpcosta 0]

Thank you for your reply! (mt obrigada!)

I thought the diploma and employment would be useful to prove we both actually live in Brazil. We don´t live together neither have a joint credit card, so I was worried that just the pictures wouldn´t be enough.

I am aware of the sponsor and domicile issues, I have an aunt that lives in the US and can help us!

If you're filing K1, which I assume because you stated that you are completing the I-129F, then you will need to establish domicile in the US before your interview, and also prove that your income meets the poverty guideline; foreign earned income will not be considered in the I-134 financial affidavit. You can however use a co-sponsor. If you are not able to establish domicile in the US, then your petition will be denied.

Thanks for your reply...Yes I am applying for the K-1. When do I have to prove that I have a place I intend to live once I go there? Do I write it as an attachment of the I-129F or is that only required on the next step?

[Removed030114 48]

Thank you for your reply! (mt obrigada!)

I thought the diploma and employment would be useful to prove we both actually live in Brazil. We don´t live together neither have a joint credit card, so I was worried that just the pictures wouldn´t be enough.

I am aware of the sponsor and domicile issues, I have an aunt that lives in the US and can help us!

Thanks for your reply...Yes I am applying for the K-1. When do I have to prove that I have a place I intend to live once I go there? Do I write it as an attachment of the I-129F or is that only required on the next step?

Question 28a., on the I-129F requests the address in the USA where your fiance intends to live. You can put a family member's address there and change it later down the road if need be. You don't need to provide proof for the initial filing, but after your petition is approved you will need to complete additional forms that require it.

http://www.visajourney.com/content/k1guide

On a side note, establishing domicile varies from state to state and can become quite complicated if you've been living out of the US for an extended period of time.

Edited February 24, 2014 by CNTrav

[mpcosta 0]

Any ideas/comments on how I prove I have seen him in the last two years and we have an ongoing relationship? Its pretty obvious since we both live in Brazil, but for that reason I don´t have the usual proofs (airplane tickets, hotel receipts, etc..)

[Paz_Tranquilidade 61]

Any ideas/comments on how I prove I have seen him in the last two years and we have an ongoing relationship? Its pretty obvious since we both live in Brazil, but for that reason I don´t have the usual proofs (airplane tickets, hotel receipts, etc..)

Pictures should be enough. If you want to submit your diploma and his job contract as proof that you both live(d) in Brazil, then that should be good, too. I think that writing an "intent to marry / relationship history" letter should be evidence, too. Anything that shows you lived in Brazil for a period of time (visto ou residencia permanente, se tiver) would be fine, too.