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twchen

want to apply k1 but we are not in the states

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Hello,

I need some help.

My boyfriend(us citizen) and i are trying to apply visa k1.

we live together in taiwan now. but planning to move back together to the states in 2015.

i know that petitioner needs to have domicile in the states is very important for k1 Visa.

can we use his family's place as his domicile in the states?

when we first move back, we will live there too.

1. Can we apply k1 while he stays in Taiwan with me?

2. Can we mail k1 visa petition to USCIS directly from Taiwan?

3. if Q.2 is no. can we ask his family send the doc. to USCIS and he stays in taiwan?

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If you are planning to move back to the United States in 2015 and his parents address will be the place you will be living then yes you would list that as his residence in the US. He may not be there right this moment, but that is his US residence and where the papers should be mailed to. You can start the process while he is in Taiwan and as long as his family can email you scans of the NOA1 and NOA2 then you should be perfectly fine. You can mail the petition from anywhere in the world as long as he is a US citizen and does have a US address. When I was overseas and staying in Bolivia I used my parents address because that is where I lived before and planned to live upon my return. So as long as that is the case with your fiancée then there shouldn’t be an issue. Just make sure the address you list is actually an address he has lived or plans to live upon return so if at any time they asked to see proof of residence he would be able to provide that easily.

Additionally it mentions that if you are living abroad you still send your petition to Texas:

http://www.uscis.gov/i-129f-addresses

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