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American Petitioner Living Abroad - I-129F Questions

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Filed: K-1 Visa Country: Guatemala
Timeline

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.

K-3 is for someone who is already married, bringing the spouse to the United States to live. So that is surely NOT your intention.

K-3/K-4 Nonimmigrant Visas

Immigration law allows the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. It also allows them to obtain employment authorization while they are waiting.

Eligibility

To be eligible for a K-3 nonimmigrant visa, an individual must:

  • Be married to a U.S. citizen
  • Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

You are involved in a sticky situation because visitor visas are so hard to obtain . Perhaps schedule an appointment at the Embassy for yourself (American Citizen) and ask them how they recommend you proceed. Being honest is sometimes the ONLY way to go !!!

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