Filing a I-129F as US-Mex dual Citizen in Morocco living with Moroccan fiancé

[MaMxUs 0]

LONG post alert!

Read time: about 5 mins

Hi everyone!

Newbie here with a bunch of questions... Any insight is appreciated.

I am currently preparing to file a I-129F for my Moroccan fiancé. Let me start with the basics...

I'm the US citizen (the petitioner). I'm also a citizen of Mexico and have lived there my whole life, excepting my annual visits to my dad, who lives in WA, until I was 14. I haven't seen my US family in 10 years. The last time I saw my dad was in 2005. We don't have a close relationship (we email and talk on the phone a few times a month but the conversation doesn't get more interesting than the weather). Neither the Mexican side or the American side approve of my decision of moving to Morocco to be with my fiancé. In short, I have estranged myself from both sides of my family, who do not communicate between each other. This side of the story is important for later.

Mehdi and I met online in 2008 and become an item in late 2010.

In 2011 Mehdi decides that he should be the one to try to get over to Mexico (where I lived at the time) but failed trying to procure himself a mexican visa (he needed more months of paystubs, which he didn't have at the time). I gave up on him, thinking he was trying to use me to get out of the country. We broke it off, but got back together in 2012, when my first 3-week visit to Morocco took place.

I visited a second time in 2013 for 6 weeks and by then he had all of the paperwork necessary for a mexican visa, so I pushed a few temperaments in the mexican embassy in Rabat, and he finally obtained a visa. He used that visa for 6 months visiting me and the rest of my mexican family. He left in March 2014. I finished school and continued to work until some bureaucracy in my job gave me a pink slip. My mexican family expected me to move alone to seek my fortunes in the US. Love changed my mind. I moved to Morocco in 2014 and received my carte d'immatriculation (carte de sejour/work permit) in January of this year. We were going to get married in Morocco, but I've (stubbornly) decided that I want to get married in the States and start over fresh with my love, move there and start anew, on my own terms.

now for the questions...

ON MY DUAL NATIONALITY-CITIZENSHIPS: I wrote to the U.S. Embassy in Casa regarding this and they answered:

With regard to your specific situation: In order to petition for an alien to immigrate to the United States, you must be domiciled (resident) in the United States. This is an absolute requirement that must be fulfilled before or at the time the immigrant arrives in the United States. If you are not currently domiciled in the United States, the consular officer may at his or her discretion ask you to come for a separate interview to determine your intention to become domiciled there.

You must be either a Lawful Permanent Resident or a US citizen. (Dual nationality is not a bar to petitioning, but you must be able to establish that you are a United States citizen.) Only a US citizen (not an LPR) can petition for a fiancé, and while an LPR can petition for a spouse, these petitions are subject to quotas. Since you describe yourself as wanting to “immigrate” to the United States, it is not clear that you qualify either as an LPR or as a citizen; however, this is a matter which you must discuss with USCIS, as they are the authority responsible for determining that. The Consulate cannot help you there.

The Consulate cannot give advice to petitioners or applicants regarding the best course of action. You will have to make that determination based on your situation and the information you can find on the government websites.

Regards,

Immigrant Visa Unit, U.S. Consulate General

8, Bd Moulay Youssef, Casablanca, Morocco

1. Has anyone had any experience with this particular residency issue? How did you solve it? In my case, I've never paid taxes, never had a job in the U.S. How can I prove my intent to re-establish my residency?

2. I understand that there is no problem with my dual citizenship, but I do understand that Casa is a difficult consulate. Any tips on what to add/do in case this becomes an issue? The ringer here is that for my first two trips to Morocco I used my Mexican passport. Should I add the photo part of my mexican passport and the entry/exit stamps for each trip? or will the stamps suffice?

3. I'm filing copies of my US passport as proof of citizenship but I see that in later documentation (Affidavit of Support) they ask for a Citizen Certificate number if my US citizenship was acquired from my parents (which it was). I do not have a Citizen Certificate, Citizen Number, Report of Birth Abroad or anything other than my passport to prove citizenship. I must've wrongfully used the word "immigrate"...but those are my intentions: to get married in and move to the U.S. but since I've never lived there for more than 3 months at a time...

Ok... on to the actual I-129F particular questions...

4. Part 2. Q28. I don't have an actual address in the U.S. where my fiancé and I intend to live once married. I intent to establish a permanent residence in the U.S. but do not want to be away from my fiancé too long (the last stretch was almost a year and it almost destroyed my relationship). The ideal situation is to file from Morocco and wait it out. Any one with a similar situation that may shed some light? Asking U.S. family members is out of the question. I haven't seen them in 10 years!

5. Part 2, Q34.a. How long and detailed must this be? should I perhaps explain here about my dual nationality and why they are receiving copies of my Mexican passport? Also, Mehdi did not know until 2012 that I'm a USC.

6. Proof of relationship: I have emails only from 2011-2012 my first visit to Morocco. For 2012 I have 1 email, an e-ticket itinerary, passport stamps and 3 chosen photos (I stayed in his family's house, so there's no hotel receipts or records of this trip besides what I have. For 2013 I have 3 photos, an e-ticket itinerary and passport stamps, For Mehdi's trip to Mexico I have a copy of his passport, mexican visa, flight itineraries, entry/exit passport stamps and 3 chosen photos. Is this enough or should I chose more photos?

7. Proof of ongoing relationship: I have my flight itinerary (one way ticket), the entry stamp to Morocco is on my US passport, copy of my carte d'immatriculation, copy of his national card and a letter stamped by the police saying that he's supporting me. Will this be enough to establish that we are engaged and living together in Morocco?

If you've read this far, thank you for the attention! Any insight is helpful. I'm scared of mailing this out with out some kind of reassurance that the first step we're taking in this loooong journey is on the right track.

Edited March 1, 2015 by EuroSand

[Golden Gate 530]

I don't know much about establishing residency from the past, but you will certainly need to go to U.S. and establish residency. Also, you will probably need a co-sponsor, as you have to show you make enough income in the U.S. to support the two of you. More than likely you will need to spend time apart, and if the relationship is strong, it should last. I was away from my husband for at least 1 1/2 years before he got here.

I also think as a U.S citizen, you were supposed to file taxes even if you lived in Mexico, but someone can correct me. So you may have to file back taxes.

[MaMxUs 0]

I don't know much about establishing residency from the past, but you will certainly need to go to U.S. and establish residency. Also, you will probably need a co-sponsor, as you have to show you make enough income in the U.S. to support the two of you. More than likely you will need to spend time apart, and if the relationship is strong, it should last. I was away from my husband for at least 1 1/2 years before he got here.

I also think as a U.S citizen, you were supposed to file taxes even if you lived in Mexico, but someone can correct me. So you may have to file back taxes.

Thanks for the time you took to answer Golden Gate

My plan is to move there after receiving the NOA1 or 2, it's difficult to say at this point... but I'm perfectly aware of having to leave eventually for the US to physically establish a residence...

Is there anything I can do in the meantime to establish my intent before actually going?

I found that you do have to file taxes if you live abroad... here's hoping I only owe Uncle Sam my tax returns and not any actual money hehe.

Still hoping someone else will give their valuable 2 cents... I'm waiting for a translation of a "prise en charge" document... then it's sending out time (hopefully)!