American Petitioner Living Abroad - I-129F Questions

[RocketElephant 7]

Exactly, a holiday or vacation. I was told in the B2 forum that spouses of US citizens applying for B2 visas are considered especially suspicious (as potential immigrants) unless they can document 'strong ties' to their native countries.

Is there another visa available?

[Cody and Daisy 373]

Exactly, a holiday or vacation. I was told in the B2 forum that spouses of US citizens applying for B2 visas are considered especially suspicious (as potential immigrants) unless they can document 'strong ties' to their native countries.

Is there another visa available?

I can't advise you on holiday visas/tourist visas as I am from a vwp country and I have never had to apply for one, nor am I wealthy and I always saved up for my holidays to the states.

I can only advise on k1 because I've done it, and I've helped others do it and I know what it entailed.

[RocketElephant 7]

Understood. Thanks for your input.

[Morganalmonshid94 84]

Exactly, a holiday or vacation. I was told in the B2 forum that spouses of US citizens applying for B2 visas are considered especially suspicious (as potential immigrants) unless they can document 'strong ties' to their native countries.

Is there another visa available?

my husband doesn't come from a vwp he got denied a tourist visa twice, can you get one yes there's always a chance however small it may be, the reality it's unlikely . No other temporarily visas available to just visit for a short time not that I am aware of .

[tarzan31 27]

The I-129f is a fiancé visa.

It allows the beneficiary to enter the USA to get married within 90 days, and yes to stay.

The beneficiary would not be able to leave without adjusting status or getting advance parole.

This is not for you.

Your fiancé can enter on a tourist visa and get married and then you can both go back.

That is incorrect , the beneficiary can leave anytime they want. The k-1 is a non immigrant visa. You get married, you leave. AOS is only to stay in the United States. If the intention is to leave, you do not file any AOS paperwork.

[Cody and Daisy 373]

That is incorrect , the beneficiary can leave anytime they want. The k-1 is a non immigrant visa. You get married, you leave. AOS is only to stay in the United States. If the intention is to leave, you do not file any AOS paperwork.

My wording is incorrect.

The beneficiary can leave without adjusting status and getting AP.

The beneficiary would not be able to come back.

I am correct in saying a k1 is for those who want to stay.

[RocketElephant 7]

Are you saying that the beneficiary would not be able to immigrate to the US at a later date if they left after getting married in the US on a K1 visa?

[Cody and Daisy 373]

Are you saying that the beneficiary would not be able to immigrate to the US at a later date if they left after getting married in the US on a K1 visa?

They would have to file for a different visa, such as the spousal visa.

[RocketElephant 7]

Oh, so then the K1 visa is exactly what we're looking for. It's a non-immigrant visa that allows 90 days in the US to marry eith no requirement to file AOS (nor penalty for not filing AOS).

This appears to be what we're looking for. I fail to see why it's an issue if we apply for the K1 visa, go get married in the US (that's exaxtly what it's for), then return to Vietnam.

[Cody and Daisy 373]

Oh, so then the K1 visa is exactly what we're looking for. It's a non-immigrant visa that allows 90 days in the US to marry eith no requirement to file AOS (nor penalty for not filing AOS).

This appears to be what we're looking for. I fail to see why it's an issue if we apply for the K1 visa, go get married in the US (that's exaxtly what it's for), then return to Vietnam.

Because two of the requirements to be approved for the k1 is domicile in the states and a sponsor who meets or is above 125% of the poverty line.

If you can provide and prove both of those things then go for it.

But if you can't, try a tourist visa because (and don't take this rudely) but you are taking up time that could be spent on approving someone else's k1 that is using it for the way it's meant to be used, to marry in America and adjust, so they can finally be together and not just use the k1 to get married and leave.

Edited April 13, 2015 by Cody and Daisy

[RocketElephant 7]

Because two of the requirements to be approved for the k1 is domicile in the states and a sponsor who meets or is above 125% of the poverty line.

If you can provide and prove both of those things then go for it.

But if you can't, try a tourist visa because (and don't take this rudely) but you are taking up time that could be spent on approving someone else's k1 that is using it for the way it's meant to be used, to marry in America and adjust, so they can finally be together and not just use the k1 to get married and leave.

Well, I certainly make above 125% the poverty line. I suppose I should find more information on 'domicile in the states'. I maintain records, accounts, retirement, etc, all with my father's address. I could use that as a domicile. However, if the K1 visa is a non-immigrant visa, why would we have to prove a domicile that would be for immigrant purposes?

I suppose we could try the B2 visa first, $125 and her trip to Ho Chi Minh City is a huge inconvenience, but not insurmountable. It's certainly a waste if she's rejected and we're back to square one.

If the K1 visa is a non-immigrant visa, but you must immigrate to qualify, then maybe we should get a different visa. Would the K3 be a better option? I'm still open to considering all of my options.

As far as taking up time, (and don't take this rudely), but I'm a US citizen born and bred. I've paid my taxes, voted, and stayed within the confines of the law. I still file taxes and vote even while residing in Vietnam. I don't have any qualms about taking this time, because it's my country and my government. Thus, I can use this time and my government's services as needed.

Surely, there must be a way for us to take a short vacation and go visit my family, and then come back to Vietnam. I know *almost* everyone wants to emigrate to the US. But certainly, I can't be the only one who wants to go for a visit with my fiancee, then return to where I can do the most good in the world. Helping unfortunate, underprivileged, downtrodden folk to better their lives.

[Cody and Daisy 373]

Well, I certainly make above 125% the poverty line. I suppose I should find more information on 'domicile in the states'. I maintain records, accounts, retirement, etc, all with my father's address. I could use that as a domicile. However, if the K1 visa is a non-immigrant visa, why would we have to prove a domicile that would be for immigrant purposes?

Because the k1 is not just an non immigrant visa because it has immigrant intent and that is why you have to prove domicile and income so the intending immigrant is not a burden on the state.

It is not meant to be used as a tourist visa because it is not a tourist visa. It is a fiancé visa with permission to adjust status. So therefore the entire process is about moving to America.

I suppose we could try the B2 visa first, $125 and her trip to Ho Chi Minh City is a huge inconvenience, but not insurmountable. It's certainly a waste if she's rejected and we're back to square one.

I wish I knew more about the this visa. All I can say is get as much evidence on ties to home as possible.

If the K1 visa is a non-immigrant visa, but you must immigrate to qualify, then maybe we should get a different visa. Would the K3 be a better option? I'm still open to considering all of my options.

I'm not saying don't try, but I'm just trying to be as clear as possible with what uscis will want you to prove to them

As far as taking up time, (and don't take this rudely), but I'm a US citizen born and bred. I've paid my taxes, voted, and stayed within the confines of the law. I still file taxes and vote even while residing in Vietnam. I don't have any qualms about taking this time, because it's my country and my government. Thus, I can use this time and my government's services as needed.

I'm afraid that's not the point at all.

The point I was making is that you want to use a k1 to visit the states to get married and leave.

Whereas others like myself have no other choice but a k1 to be with our partners.

My husband could have never moved to the UK because it is 10x harder to financially support and be approved.

Our only option was the k1. And we were lucky enough not to wait too long unlike the hundreds of others who are waiting up to a year to be approved to finally be with their family.

You are already with your loved one.

I hope you understand that a little bit better.

Surely, there must be a way for us to take a short vacation and go visit my family, and then come back to Vietnam. I know *almost* everyone wants to emigrate to the US. But certainly, I can't be the only one who wants to go for a visit with my fiancee, then return to where I can do the most good in the world. Helping unfortunate, underprivileged, downtrodden folk to better their lives.

Unfortunately there are so many people who don't do it the correct way (k1 and cr1) and illegally stay in the states that make tourist visas a lot harder for those who literally want to use them as a tourist visa.

It would sure be easier if you both lived together and had a lease with your names on to show that you wouldn't be moving and staying in the states.

Can your family not come visit you?

[RocketElephant 7]

Because the k1 is not just an non immigrant visa because it has immigrant intent and that is why you have to prove domicile and income so the intending immigrant is not a burden on the state.

It is not meant to be used as a tourist visa because it is not a tourist visa. It is a fiancé visa with permission to adjust status. So therefore the entire process is about moving to America.

I understand that is how 99.9% of the people use this visa. However, on this websites FAQ and informative sticky, it says nothing that immigrant intent is *required* for the K1 visa. Only that it is a visa for a foreign fiance(e) to go and get married in the US. If the information on this website is wrong, and that you *must* have immigrant intent, then clearly this visa is not for us, because we don't intend to immigrate. Although we might in the future (3 years or more).

I wish I knew more about the this visa. All I can say is get as much evidence on ties to home as possible.

The B2 Visa was my first thought. Our original plan was to get married here in Vietnam then go to the US on a tourist visa. However, in the B2 section on this forum the nice folks there said that a B2 visa is practically impossible. Being married or engaged to a US citizen makes it even more impossible. They also said that getting married in the US then returning to Vietnam does not constitute fraud. You can see the thread here: http://www.visajourney.com/forums/topic/541329-wish-to-reside-in-vietnam/

I'm not saying don't try, but I'm just trying to be as clear as possible with what uscis will want you to prove to them

I'll have to do more research on the K3 Visa. It appears that will give her two years and multiple entry. We could go have a ceromomy in the US, then come back to Vietnam, and she'd be able to go back for short vacations within that two year period.

I'm afraid that's not the point at all.

The point I was making is that you want to use a k1 to visit the states to get married and leave.

Whereas others like myself have no other choice but a k1 to be with our partners.

My husband could have never moved to the UK because it is 10x harder to financially support and be approved.

Our only option was the k1. And we were lucky enough not to wait too long unlike the hundreds of others who are waiting up to a year to be approved to finally be with their family.

You are already with your loved one.

I hope you understand that a little bit better.

I understand you and others have to spend agonizingly long times away from your significant others. The US immigration system is clearly over burdened, backlogged, oft-cursed, and under appreciated. I don't mean to lengthen their time, or stop somebody else from going to the US. But, if the K1 is the only option for us to go to the US to see family and friends, then so be it.

Unfortunately there are so many people who don't do it the correct way (k1 and cr1) and illegally stay in the states that make tourist visas a lot harder for those who literally want to use them as a tourist visa.

It would sure be easier if you both lived together and had a lease with your names on to show that you wouldn't be moving and staying in the states.

Can your family not come visit you?

I understand so many people break the law, jump fences, swim rivers, hide in cargo containers, and etc. to illegally come to the US. Many people abroad have common misconceptions about the US. They think that the second they arrive they'll have a house, and a car, and gold paved streets. Eastern European immigrants thought the same in the early 20th century (read: The Jungle), and of course it's not true.

My dad will come here to visit, but my mother has three young children, and can't. Also there are far too many for all of them to come here. Not to mention she is an ultra right-winger and sees the world in only two shades. 'Merica and Not-'Merica. She knows where she'll stay.

Lastly, thanks again for all of your help. I know none of you are being paid to stay on the website and offer advice. You volunteer your time to help others and for that I'm truly grateful.

[madtownguy 164]

Understood. Thank you for the information regarding the RFE for Domicile. That's important to know. I will call USCIS to see if they have information about that.

I am now worried that they will be checking my G-325A to for proof. My G-325A will show that I have not lived in the US for the past 5 years, and that I have been employed overseas for the past 5 as well. I imagine they will read that, find a lack of evidence that I will be living in the US, then issue an RFE. Is there anything I can do within the initial application to deal with this?

Some of the advice here doesn't take into account the country you are staying in. This should have been posted in the Philippines forum. I personally believe that you will not be approved for a k1 visa unless you lie, and the likelihood of getting a tourist visa for her would be like winning the power ball lottery.

Also Philippines embassy at times does not take support from other than petitioner on the k1 visa. So you may have a problem with that also. If you have enough in a bank account though that sometimes works. If she has no kids I believe the mathematics to figure bank account amount is around $100k in the bank. I didn't research it though just the last I remember seeing.

Most likely you will have to get married and do the CR1 visa, I'm not saying the k1 won't work but I think you would have to lie about where you live. Keep in mind that the government knows when you leave and return to the country, so that is a lie you could easily get caught on.

Good luck in whatever you decide to do.

[Cyberfx1024 7,978]

You can certainly try the B1 visa but more than likely she will get denied. Vietnam and Philippines are countries were is next to impossible to get a tourist visa due to how many people get it and just stay in the USA. If you think a B1 visa is expensive then don't even try a K1 visa it is even more expensive.