Newly registered, needing a little help...

[Jimbob89 1]

First of all, Hello to everyone. This website has been a massive help so far

I have a question and would love some help.

Me (UK Citizen) and my girlfriend (US Citizen) are planning on applying for a K1 visa as we plan to be engaged soon enough. At the moment we are both living in New Zealand, Im on a work visa and she is on a partnership visa. My question is, is it possible to apply for the K1 whilst we are both in NZ? We are not residents here as this was only used as a filler until we can both live and work in the states. Is there anyway we can file everything from here?

We where planning to have everything approved by April 2017?

Thank you very much!

[chaoticlogic 27]

I have no idea whether or not you can file from there, but if you file anytime soon and there are no problems with your case, you would most likely be approved way before April 2017...like, way before. The K1 visa is good for six months after it is received, so don't start too soon if unless you plan to both be here before then ready to apply for a green card.

[yuna628 9,528]

I will only answer regarding the approval timing.

All newly filed applications are now being processed by the California Service Center. You can expect fast processing here, within a few months for an uncomplicated case, add on a few more for the rest of the consulate specific process. You could certainly expect being finished, if you filed now by the end of the year, early next year.

Are you staying in NZ until 2017? The goal of the K1 is to marry and adjust status in the USA and not in another country.

Edited August 16, 2015 by yuna628

[Jimbob89 1]

We plan on staying in nz until i can legally move to the states. April 2017 was a rough estimate as i have a good job here, it gives us time to save some more, go through the process and also does not rush us into getting engaged I would be more than happy to have to travel back to london or wherever for the interview and medical, im just hoping we can do all the paperwork from here

Thanks for the help so far guys

[aaron2020 11,651]

Hi,

As long as you are both legally residing in NZ, you can process for your K-1 visa there.

Be mindful that your fiancée will need to meet the U.S. domicile and financial requirements of the I-134. Your NZ income will not count.

Best of luck

[Jimbob89 1]

Great news, thanks!

We actually plan on having her sister sponsor me on behalf of her. Will this be an issue?

[aaron2020 11,651]

We plan on staying in nz until i can legally move to the states. April 2017 was a rough estimate as i have a good job here, it gives us time to save some more, go through the process and also does not rush us into getting engaged I would be more than happy to have to travel back to london or wherever for the interview and medical, im just hoping we can do all the paperwork from here

Thanks for the help so far guys

Don't want to rush to get engage? You do understand that you are seeking a K-1 fiancé visa requiring you to marry within 90 days of entering the U.S., right? When you file the I-129f, you have to send in statements that you intend to marry.

[Jimbob89 1]

Yes aaron i understand, maybe that was worded wrong.

[aaron2020 11,651]

Great news, thanks!

We actually plan on having her sister sponsor me on behalf of her. Will this be an issue?

This is a question for NZ couples since its U.S. Embassy specific. Some embassies accept cosponsors for the I-134, others do not.

[Jimbob89 1]

Okay thanks again mate!

[Marine 1 4]

Why would you want to leave New Zealand ?

From what I have heard it is one of best places in the world to be.

[B-2-Z 37]

Shouldn't be a problem, we filed from Canada. The hardest thing we faced was domicile, I had to fight it out with the interviewer a little bit. Just make sure you'll remain at the same address so that you can get all your papers. Maybe consider having your mail go to a family members address in the US so you don't have to wait for snail mail to arrive. They can just scan you everything.

[Jimbob89 1]

Thats exactly what we intended to do with mail can i ask, are you from the uk? Like where both of you living in canada and none of you where citizens there? Also this may be silly but what do you mean by domicile? Thanks for your help!!!

[B-2-Z 37]

Thats exactly what we intended to do with mail can i ask, are you from the uk? Like where both of you living in canada and none of you where citizens there? Also this may be silly but what do you mean by domicile? Thanks for your help!!!

I'm Canadian, the petitioner is a USC. We met online and he moved to Canada. Originally he was in Canada on a student visa, then a work visa. "Domicile: The country that a person treats as their permanent home, or lives in and has a substantial connection with."

So, it was hard for us because he had been out of the US for 6 years living with me. He was only 19 when he left, so it was a struggle to prove that he had intentions on going back. We showed that his work visa was expiring and that he had a job offer and they still didn't want to let us be approved. We were stuck in advanced processing for a couple weeks while they went over everything again.

In hindsight, once we got the NOA1 he probably should have gone back to the US to set up a household, bank account, etc...but it all worked out in the end Just make sure you can prove you have assets, bank accounts, strong ties, and you should be fine.