Jump to content
anarchy8585

K-1 visa both fiance and i overseas

11 posts in this topic

Recommended Posts

Hi all,

I'm new here and just beginning to embark on my visa journey for my fiancee.

Quick question really appreciate if anyone can help:

I am a US citizen currently living and working overseas- have been together with my girlfriend for 3 years and decided we would like to marry and move back to the States to live. As both my fiancee and I are located overseas, is K-1visa the right way to go?

Many thanks!!!

Share this post


Link to post
Share on other sites

Hi!


The K visa would allow you to be with your fiancé stateside once she acquires it BUT costs more because after the marriage you have to adjust her visa status which is an additional $1000-some fee. It is also usually quicker than the spouse visa.



The spouse visa, on the other hand, is less expensive with your cash but expensive with your time. She won't be able to be in the states or with you (if you are living here) until she acquires it, which is taking people close to a year to get



.....anyone should correct me if I'm wrong. But this is what I understand from poking around the various threads





A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50]
Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status = "AP": 1/25, "Issued":01/27, "In Transit: 2/02"
Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]

NOA1 Hardcopy: 3/12 [Day 9]

Biometric Notification snail-mail: 3/26 [Day 23]

Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" (Green Card) 4/23 [Day 48]

"Your case was approved" (lol backwards) 4/26 [Day 51]

"Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered: 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]

NOA snail-mail: 2/02 [Day 4]

Biometrics snail-mail: Sent 5/5, received 5/12 [Day 107]

Biometrics appt: Not required

Email: 5/25 "We are still reviewing your case and there are no updates. We last took action on 3/16" [Day 120]

Email 6/8, 6/22, 7/6, 7/20, 8/3 "Still reviewing your case blah blah" [Day 134, 148, 162, 176]

18 Month extension letter received, dated 8/18: 8/24/18

Citizenship

Spoiler

Window opens: 01/24/2019

 

 

Share this post


Link to post
Share on other sites

Hi,

Thanks for the reply, i think definitely we would like to pick the process with the faster time, to minimise time away from each other.

If i can kindly ask another question:

Do i need to be in the living in the States to file a K-1 visa for my fiancee, as both of us are currently living overseas (that's how i met her)?

Or can i still be based overseas to start applying for K-1 visa, and relocate to the states together with her, once her visa is approved?

Share this post


Link to post
Share on other sites

You can be based overseas. You will need to have some kind of US address that USCIS will be able to send correspondence to whether it's parents, or a sibling, or a very good friend. They won't send stuff overseas

Edited by JGussiaas

A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50]
Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status = "AP": 1/25, "Issued":01/27, "In Transit: 2/02"
Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]

NOA1 Hardcopy: 3/12 [Day 9]

Biometric Notification snail-mail: 3/26 [Day 23]

Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" (Green Card) 4/23 [Day 48]

"Your case was approved" (lol backwards) 4/26 [Day 51]

"Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered: 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]

NOA snail-mail: 2/02 [Day 4]

Biometrics snail-mail: Sent 5/5, received 5/12 [Day 107]

Biometrics appt: Not required

Email: 5/25 "We are still reviewing your case and there are no updates. We last took action on 3/16" [Day 120]

Email 6/8, 6/22, 7/6, 7/20, 8/3 "Still reviewing your case blah blah" [Day 134, 148, 162, 176]

18 Month extension letter received, dated 8/18: 8/24/18

Citizenship

Spoiler

Window opens: 01/24/2019

 

 

Share this post


Link to post
Share on other sites

Hey you're quite welcome! There are so many useful things on this website. I would suggest going to the China forum http://www.visajourney.com/forums/forum/94-china/ if you haven't done so already

There will be a lot of country-specific info

Good luck on your visa journey!


A Tale of Two Dakotaraguans

K1 Journey - 78 Days

 

Sent I-129F - 11/16/15 [Day 1]
NOA1 - 11/18 (Hard copy: 11/24) [Day 2, Day 8]
NOA2 - 12/18 (Hard copy: 12/26) [Day 32, Day 40]
NVC received file: 1/05/2016 [Day 50]
Obtained NVC invoice number, paid visa fee, filled out DS-160: 1/06 [Day 51]
Fiancé's medical: 1/12 9:00am [Day 57]
Interview: 1/22 9:30am, Approved! [67 days] (F)
Visa status = "AP": 1/25, "Issued":01/27, "In Transit: 2/02"
Visa packet in hand: 2/03 [Day 78]
POE: (Houston) 2/04, North Dakota arrival: 2/05

Married (civil): 2/05/16 (L)

AOS - 55 Days

 

I-485, AP, EAD sent : 3/03/2016 [Day 1]

Delivered: 3/04 [Day 2]

Electronic NOA1: 3/08 [Day 5]

NOA1 Hardcopy: 3/12 [Day 9]

Biometric Notification snail-mail: 3/26 [Day 23]

Biometrics Appt: 4/06 in Fargo, ND [Day 33]

Notification(s): "Your new card is being produced" (Green Card) 4/23 [Day 48]

"Your case was approved" (lol backwards) 4/26 [Day 51]

"Your card was mailed on 4/27" 4/28 [Day 53]

Green Card in Hand: 4/30 [Day 55]

D-day ("Dress day"/I do...again Day/wedding reception): 9/10/16

ROC

Spoiler

Window opens: 1/24/2018

Package sent: 1/26, Delivered: 1/29 at 11:17am to CSC - [Day 1]

Check cashed: 1/31 [Day 3]

NOA1: 1/29 [Day 1]

NOA snail-mail: 2/02 [Day 4]

Biometrics snail-mail: Sent 5/5, received 5/12 [Day 107]

Biometrics appt: Not required

Email: 5/25 "We are still reviewing your case and there are no updates. We last took action on 3/16" [Day 120]

Email 6/8, 6/22, 7/6, 7/20, 8/3 "Still reviewing your case blah blah" [Day 134, 148, 162, 176]

18 Month extension letter received, dated 8/18: 8/24/18

Citizenship

Spoiler

Window opens: 01/24/2019

 

 

Share this post


Link to post
Share on other sites

~Moved from K1 Visa Process to What Visa Do I Need Forum~

~Inquiry about family visas~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

FWIW, take a look at the entire process and then compare. K1 requires adjustment of status to become a legal permanent resident (green card holder) while a spouse visa does not. That means that your fiancee/new spouse cannot work, may not be able to enroll in some schools, cannot travel out of the country for several months. Plus there is a fee of $1000+ (Adjustment of Status) along with getting married within 90 days. Spouse visa (CR1/IR1) gives the spouse a green card upon entry, no additional filings or paperwork.

Why not marry now, file the spouse visa petition, and travel to the US together once she gets the visa?


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

The FASTEST way is to get married in China, and file DCF with the USCIS OFFICE IN Beijing or Guangzhou. This can take as little as 2 to 4 months.


[color="green"][b][size=2][font="Trebuchet Ms"]Randy and Jiaying[/size][/b][/color] ............................................ [img]http://tinypic.com/erbo02.gif[/img][/font]
[size=1][url="http://www.3dflags.com"]3D Flags.com[/url][font="Comic Sans Ms"]
玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure[/size][/font]

Share this post


Link to post
Share on other sites

Thanks All for your replies. There is so much info in these forums which I am beginning to read/ understand.

Hi RandyW: I am actually living in Hong Kong, while my fiancee is living in Shenzhen (only half an hour away). So not being a resident in China, will i be able to file a DCF in Guangzhou? I think i will also call the US consulate in Hong Kong to see if i can file a DCF in Hong Kong instead....

Share this post


Link to post
Share on other sites

she's not a resident, with papers, in Hong Kong? That interview will be in Guangzhou, instead.

If she was a legal resident in Hong Kong, then the IV Interview could be in Hong Kong.

remember - casefile movement from NVC into Guangzhou IV is troublesome and not fast. That's not the case for HKG IV.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×