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dbholbrook

My American fiancee has dual citizenship and we're both in the UK, can we still apply for the fiancee visa?

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Filed: K-1 Visa Country: United Kingdom
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Hello!

I'm David, from the UK, and my fiancee, Sylvia, is an American who also has a German passport (dual citizenship).

We both live in London but we want to apply for the fiancee visa and move to California (LA) to get married.

However, as far as I can tell, she would have to be living in the US to be able to apply for the fiance visa. Is this correct?

Her mother still live in LA so she has an American address.

Please help as I'm going round in circles trying to find some info on this, but can't find a single thing!

Thank you, thank you!

David

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She can petition you if she meets the US domicile criteria even if she is currently living outside the US. Check USCIS website about US domicile.

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hello!

I'm David, from the UK, and my fiancee, Sylvia, is an American who also has a German passport (dual citizenship).

We both live in London but we want to apply for the fiancee visa and move to California (LA) to get married.

However, as far as I can tell, she would have to be living in the US to be able to apply for the fiance visa. Is this correct?

Her mother still live in LA so she has an American address.

Please help as I'm going round in circles trying to find some info on this, but can't find a single thing!

Thank you, thank you!

David

She just needs to send the forms to the Dallas lockbox and move back to the States before you.

Another (quicker) option for you is to get married in the UK now and have your then wife file an I130 direct to London - processing times for this are currently much lower than either a K1 or CR/IR1 visa filed to Chicago.

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Filed: K-1 Visa Country: United Kingdom
Timeline

She just needs to send the forms to the Dallas lockbox and move back to the States before you.

Another (quicker) option for you is to get married in the UK now and have your then wife file an I130 direct to London - processing times for this are currently much lower than either a K1 or CR/IR1 visa filed to Chicago.

There are conditions around living as a married couple in the UK for 6 months prior to filing. Just so you're aware that you need to include that time into any processing time.

04/15/2014 - Filed I129-F

04/22/2014 - NOA 1 received (TSC)

08/11/2014 - Notice of transfer received (CSC)

09/18/2014 - NOA 2 received

11/12/2014 - Interview Date (approved)

12/01/2014 - US Arrival Date

12/10/2014 - Married

02/05/2014 - AOS Filed

02/28/2015 - Notified of Request for Initial Evidence

03/10/2015 - Sent Requested Evidence

04/03/2015 - EAD and Advanced Parole Approved

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Filed: K-1 Visa Country: United Kingdom
Timeline

There are conditions around living as a married couple in the UK for 6 months prior to filing. Just so you're aware that you need to include that time into any processing time.

That's not true. The petitioner must have lawfully resided in the UK for 6 months before submitting the petition. You do not have to be married for 6 months before you can apply.

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Filed: K-1 Visa Country: United Kingdom
Timeline

That's not true. The petitioner must have lawfully resided in the UK for 6 months before submitting the petition. You do not have to be married for 6 months before you can apply.

Ah yes. My bad. You are correct!

04/15/2014 - Filed I129-F

04/22/2014 - NOA 1 received (TSC)

08/11/2014 - Notice of transfer received (CSC)

09/18/2014 - NOA 2 received

11/12/2014 - Interview Date (approved)

12/01/2014 - US Arrival Date

12/10/2014 - Married

02/05/2014 - AOS Filed

02/28/2015 - Notified of Request for Initial Evidence

03/10/2015 - Sent Requested Evidence

04/03/2015 - EAD and Advanced Parole Approved

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