Filing the I-129 while living outside of U.S. (and with fiance) - questions

[forgetmypen 2]

I am currently finishing up my I-129 but I have a few questions about how to best fill in some info on the form because I am in a bit of an unusual situation and hope you nice folks can help me with some questions:

1. Is it required to be 'domiciled' in the U.S. to submit this form? If so, what does that mean? I have been living outside the U.S. for nearly 5 years, however I have been home 3 times in that period (all three times with my fiance as well) and have maintained my driver's license in my home state. I also have voted (absentee) and have a voter's registration card for my state. Do I need to submit any of these documents?

2. Also I want to make sure it is acceptable to use my international address as my mailing address - there is a 'country' section on the form so I only assume it is ok, but I want to make sure. So are international addresses ok for I-129f forms?

3. I will be returning to the states in August to begin graduate school (without my fiance most likely, as we will still be waiting on the process to run its course). However, I am moving to a new state and do not know where I will be living, so I am not sure what to include on sections 28 a.b.c.d. By the time my fiance has her K-1 I will have an apartment ready for her to join me in, but I don't know what to say at this moment. Would it be acceptable to include my mother's address in a separate state (who will also be our co-sponsor) and include an explanatory note about the apartment situation? This one has me really tricked up.

4. In regards to evidence of us having met, aside from photos and plane tickets and passport stamps of our trips to the U.S. together, I was going to include copies of a piece of mail addressed to each one of us. I was thinking these two different pieces of mail would show that our address is the same and that we live together. Would this be of any benefit?

I was actually planning on including my acceptance letter to graduate school (which has my foreign address written clearly on it, the letter itself, not the envelope) so as to show solid evidence of my plans for returning to the states. Would this be a good idea?

5. Since we live together, would it be acceptable to write ONE letter of intent to marry and have both of sign it? Or do we need to submit two separate letters?

I have a few more questions, but I will leave it at that for now.

Much thanks for your help ahead of time!

[Southbyrd 2]

My suggestion is to use your mother's address (I am in a very similar situation). In some respects, you mom's address is your permanet address since you are voting from here. You are about to return soon to the US anyway. Your mom can open up the USCIS mail and scan it and get it to you quicker. Also, you can set up an account on USCIS to track the progress.

When you get to your new address, submit it electronically to USCIS. I have to imagine this happens all the time. Just be sure your fiance knows what is going on also so she has the story straight for the interview.

I think you should write a letter (attach it to the I-129) detailing everything out, where you are TEMPORARILY, where you are going (about where) in the States. The more proof of a REAL relationship, the better. Remember, the USCIS is looking for fraud.

For the Evidence, make it easy for the USCIS. I would suggest what I did:

A. Copy your passport and hers, all pages.

B. Print these pages out on A4 paper

C. Put page numbers.

D. Make a cover sheet and descriibe where you saw each other, reference your passport page number and hers. That way USCIS can see the thread instead of having to create one and slowing down the process.

E. Additionally, attached anything else. Flower reciepts, anything you can think of. Skype call logs, text message bills which shows her phone number, postal mail. Especially photos of you two together but they must be from a photo shop store, not prints from a printer.

FOR THIS EVIDENCE (AND EVERYTHING ELSE), MAKE IT ALL NEAT AND ORDERLY. MAKE THE PERSON(S) WHO HAS TO REVIEW THIS PACKAGE EASIER FOR THEM. I redid my package several times. Put tags on it also.

Addtionally, just before you send this off to USCIS (recommend FedEx), scan it all in to a flash drive, give your fiance a printed copy (cut out any social security numbers) so she knows what you said for the interview.

[forgetmypen 2]

I think you should write a letter (attach it to the I-129) detailing everything out, where you are TEMPORARILY, where you are going (about where) in the States. The more proof of a REAL relationship, the better. Remember, the USCIS is looking for fraud.

Is this to imply that filing from outside the U.S. is not allowed? I wish I could find a clear answer on this. I have been a study abroad student for the past 1.5 years (before that I was working and returned home for a few weeks between the two), but I still can't figure out if I need to/what it means to be domiciled. That said, I don't want to cause problems for myself by using an international address.

Can anyone clarify this issue of domicile in the U.S.?

I feel like the grad school acceptance letter will help establish where we are going/what the plan is. Also it has my our shared address written on it, so I thought it would kill 2 birds with one stone. Any thoughts on this?

[goatess 1]

I think there was a similar query not long ago about what address to use.

1 & 2 - You can use your US home address as a c/o address. I used my sister's and had her take pics of all letters and text/email to me. This is actually safer and faster than using your foreign address. (Electrons travel faster than papers!)

3 - You can use an approximate address. I used my last address in the US as the address we'll be living in, despite I no longer rent/own that place. You probably can use your mother's address too.

4 - We only included the photos and airline tickets as evidences and had no problem. But, the more the merrier, I suppose.

5 - I think you both need to include separate letters of intention. This could be important. If anything is missing in your submission, you may get an rfe.

Good luck!

Edited March 30, 2014 by goatess

[forgetmypen 2]

Thanks! I think you are right with the C/O address, that is what I'm going to do.

I've prepared two separate letters of intention. Did you type and print your letters of intention and then hand-sign them? Or were they handwritten?

I think there was a similar query not long ago about what address to use.

1 & 2 - You can use your US home address as a c/o address. I used my sister's and had her take pics of all letters and text/email to me. This is actually safer and faster than using your foreign address. (Electrons travel faster than papers!)

3 - You can use an approximate address. I used my last address in the US as the address we'll be living in, despite I no longer rent/own that place. You probably can use your mother's address too.

4 - We only included the photos and airline tickets as evidences and had no problem. But, the more the merrier, I suppose.

5 - I think you both need to include separate letters of intention. This could be important. If anything is missing in your submission, you may get an rfe.

Good luck!

[Bjl73 12]

I reside outside the US and filed our I-129F using my foreign address. It hasn't been a problem. They have accepted our application and it is being process. There isn't any law against applying from outside the US.

[goatess 1]

Thanks! I think you are right with the C/O address, that is what I'm going to do.

I've prepared two separate letters of intention. Did you type and print your letters of intention and then hand-sign them? Or were they handwritten?

I haven't hand-written anything in ages, I probably forgot how to write, lol

I printed and then signed, and nobody complained.

As for filing abroad, yeah, no issue. The problem is that people tend to move around while they are abroad and using your "permanent" address tends to be safer. It's probably less likely too for someone to make mistake when the address language/format looks familiar.

[forgetmypen 2]

Thank you both for your answers. I sent my packet off today. Fingers crossed!