Applying for K-1 while both of us live abroad

[kilgore_trout 0]

Hello all,

I have come across this site and it appears to be a great resource and is far more useful than calling the USCIS, whose representatives thus far have sounded more like they were trying to take my order at Burger King than help me with satisfying our government regarding the biggest decision of my life.

My situation is as such:

I have been living and working in Tokyo since June of 2013 (this is my third stint here and I'm in line to get PR in Japan).

My fiancee (as of last month!) is a Japanese national with no prior living experience outside of Japan. She has visited the US two times, most recently with me on a trip to Chicago in July.

We are looking to move to New York next year, the sooner the better.

My questions are:

1. Can I file the I-129F while I am currently living abroad? The form itself provides an item for 'country of residence' for the petitioner, so it would seem at first glance to be OK that this address be outside of the US.
2. That said, "intended residence in US" is a required field in the information about my fiancee. I do not have a permanent address in the US currently, although I do use my parents' house for banking matters. Is that OK for the purpose of this form? (Note that this address is not in New York, which is where we plan to live)
3. I am employed as a translator and interpreter and am more than qualified to translate all the supporting documentation for her that is issued by the Japanese government. Does the translator need to be a third party?
4. Would she be able to visit the US while our application is pending? We plan to visit my family for Christmas although I would not want this to in any way cause issues with our application.
5. Will I need to be domiciled in the US before this process ends? If possible I would like to stay in Japan until all paperwork has completed so we can move over together.

Any answers are highly appreciated as I have not been able to get any straight answers from multiple international calls to USCIS or the embassy here in Tokyo.

[Boiler 43,438]

There are benefits in marrying now. Any reason why this is not practical?

[kilgore_trout 0]

Thank you for your reply.

We had also considered that approach--getting married in Japan and petitioning for CR-1--but I have heard some horror stories from friends who also married Japanese spouses and went down that route, such as not being able to visit the US for over one year from the start of the application process, higher fees and waiting times than K-1, etc.

As we both live abroad it appears that DCF would also be an option but I don't know anyone who has done that before. Would you think that may be the least painful of my options?

[Boiler 43,438]

Do not know if DCF is available in Japan but would be quickest and cheapest.

Presumably she can us the vwp to visit.

[CAMama3 1]

We filed from abroad. I put my Canadian address as my mailing address-- that's where the NOA1 and NOA2 are sent, took about two weeks to get my NOA1. During my research, I saw that in old posts, people have said for your mailing address you can put your mom or dad in the "in care of" spot with their US address, if you want. Then that paperwork will get sent to them and they'll need to hold onto it for you.

Visiting the US while the application is in progress is fine. Just need her to bring proof of ties to Japan. There is a sticky thread all about visiting.

You may need to prove "intent to re-establish domicile." Maybe check out the Japan regional board to see how strict they are about it. Things like a lease, US job lined up, plane tickets, moving arrangements, voter reg, bank accounts, driver's license, etc.

Also keep in mind that you'll need a co-sponsor for the i-134 since the income is based on US income, not foreign. And hopefully you have been filing US taxes.

Good luck!

[MAXX1 8]

Hello, I filed our I129-F while living in Cambodia and USCIS approved the petition last month and now we await NVC to make a move. I used my brother's address for both my mailing address and Fiance's intended address. We do intend to stay at my brother's at least one night after arrival in the US. You can change her address after marriage when doing AOS. You should recieve mail from USCIC and maybe NVC and you will want someone to collect and probably open and scan you the information. If you were to get a RFE from USCIC you will have to respond as fast as possible. As for the other questions I will let someone else provide answers. Good luck and read some more info on the Guides. The answers should be there. They helped me a lot.

[kilgore_trout 0]

Everyone, thank you very much for your quick replies. This is all very helpful.

Also keep in mind that you'll need a co-sponsor for the i-134 since the income is based on US income, not foreign. And hopefully you have been filing US taxes.

I am lucky to work for an employer who automatically does all that for me (or unlucky depending on which camp you're in--cannot fib on numbers when they're being submitted directly to the government).

If I move back to the US during the application process and can prove my own US-based income, will I still need a sponsor?

[CAMama3 1]

You should be fine as long as you're projected to meet the poverty guidelines, get an employer letter stating so, etc. But of course, different embassies have different standards. I would ask your regional board for their opinions/experiences as that part of the process is embassy based. Good luck!