Living overseas while processing K1 and Green card and Perm Residency

[maly1725 0]

Greetings

i am a US Citizen and my fiancee is from Singapore.

We have sent off the packet for her K1.

I have a few questions.

We BOTH currently live in Singapore and we plan to stay here until the entire process is complete. That includes her Green Card approval and Permanent Residency application.

I have lived overseas going on 5 years now, as such i qualify for the Foreign Earned Income Exclusion. This means that i have NOT claimed my income when i filed my taxes.

So here are my questions.

Do we have to live in the States while we go threw the process from end to end? K1 - Green card?

As i have not claimed income under the Foreign Earned Income Exclusion do i have to provide proof of the taxes i paid here in Singapore?

On the I- 134 form do i convert my income to USD?

Should i provide a Letter of Employment to state that i have been employed and living abroad?

Will pay slips and local bank details suffice?

My fiancee and i are doing our best to plan our lives together. Eventually we will live in the states but we would like to do so AFTER she has her green card. We plan to get married in the states once her K1 is approved and immediately file for residency and her green card. We are just concerned that living abroad might impede us.

Help please?

[lost_at_sea 995]

OK, I think you perhaps may not be clear on the K1 process.

You can stay with her until she gets the K1 visa, but then she must use the K1 before it expires (it'll expire 6 months from the date of her medical). The K1 is a one use only visa, which means that when she enters on it, she has 90 days to marry the petitioner (you, this must be done in the USA) then you've got to file her AOS package (adjustment of status) in order to get her green card. This must all happen while she remains in the USA. She can travel outside the USA before she gets her green card if she also applies for Advance Parole (AP). It'll take about 3 months for her to get that. She gets the green card as a result of AOS - it'll take another few months after she gets AP (if she files for that).

She can't move to the US until she has her K1.

Also, for the purposes of AOS, you'll supply an I-864, which states that you (the petitioner) must be domiciled in the USA. I believe you also need to be domiciled for the purposes of the I-134 (which will be required for the K1), so you may need to show evidence of your intent to move back to the USA (or actually move back ahead of her).

So, in short: No, you cannot remain abroad until she gets her GC. Only until she gets her K1.

There is a K1 flowchart here that I recommend you go over: http://www.visajourney.com/content/k1flow

There's also a complete K1 guide here: http://www.visajourney.com/content/k1guide

And an adjustment of status (AOS) guide: http://www.visajourney.com/content/k1k3aos

For the I-134, you must have a US income (or an income that will continue when you relocate to the USA). If you do not have a US income, you're going to need a joint sponsor. Income abroad that does not continue cannot be counted. You can also use assets. You should check out the poverty guidelines to understand how much you're going to need (google I-864 poverty guidelines, these are also generally used for the I-134).

Edited February 28, 2014 by lost_at_sea

[belinda63 3,039]

You need to start with reading the guides.

1. You will need US based income that meets or exceeds the requirements for your family size (2 if just you and the fiance). If you do not meet the requirements you will need to find a USC or LPR who has a US based income or US based assets to sponsor her (along with you).

2. I know with the CR-1 you have to prove a domicile in the US, not so sure if this is true with the K-1 but they probably want some proof of where you are going to live.

3. Once she enters with the K-1 you have 90 days to marry. After you marry you apply for the green card and can also apply for work authorization and advance parole. Advance parole is what permits her to leave the US and return prior to having the green card. If she leaves the US without AP she won't be returning and her AOS will be considered abandoned. It takes about 90 days to receive the AP.

4. As a resident she is expected to spend more time inside the US than outside. If a pattern is seen of her living somewhere else and just coming to the US for visits she could lose her green card.

[KayDeeCee 4,893]

The K-1 visa is used to enter the US, marry within 90 days and then file for permanent residency. You must live in the US to become/be a permanent resident. One you enter with a K-1, you marry within the 90 days and file for AOS. You cannot leave the US without AP or the green card first, or you will abandon the AOS process.

Why not marry first and then file for a CR-1? The spousal visa route seems more appropriate for your plans. With a spousal visa, you become a permanent resident upon entry. You would just need to prove US domicile for the I-864.

[maly1725 0]

Thank you all so much for the insight.

Seems like we will have to adjust our plans a bit.

Appreciate the help.