K1 Questions

[3Chickens 0]

We have a very unique situation in that due to events out of our control, My fiancé and I can no longer reside in SA for the long term and are looking into the K1 visa. We have been through all the requirements and are aware and easily able to provide what is being requested.

However it does get tricky because as we are both currently in SA I do not have a  Job in the US as of now, Our plan is to stay relocate together and  with parents in the US until we can get going and both become employed.

 

Our two biggest questions are

 

1. On the petition do I use my parents address in the US

      -I'm afraid that if I use my SA address it could raise flags as to being in the country.

2. If we have cash from sale of assets will that qualify for the income requirements.

    - Is there somewhere that specifically states the income requirements and what is and not accepted?

 

Thank you in advance for help and advice.

[geowrian 22,336]

1. You can file from anywhere. International mail will be much slower and less reliable. The I-129F requests a mailing address as well as your current and past addresses for the past 5 years. The mailing address is where they will send materials related to your case (RFEs, NOA2, etc.)...anywhere you can get mail addressed to you is fine. If you currently live in SA, you must list that as your current address. If you're only visiting SA, then you don't need to list that as a current address.
2. The required income level for a household is here: https://www.uscis.gov/sites/default/files/files/form/i-864.pdf
   1. For a K-1, they normally look at 100% of that level for the I-134, but COs at some embassies look for 125% (like the I-864). I don't know your embassy well enough to say what they do...hopefully somebody can chime in, or you can do searches here. That said, you should be ready with 125% either way since AOS will require the I-864 at the 125% level.
   2. You can use assets, but they must be convertible to cash within 1 year without a hardship on the sponsor. Assets for a fiancee are technically at 5x the necessary income level for your household, albeit I have heard of some cases going by 3x the amount (it's 3x for a spouse). YMMV. I would go under the 5x assumption either way since the CO will look at the totality of the circumstances to address the public charge concern.
   3. If you don't meet the required financial requirements, you can get a joint sponsor. I believe SA permits joint sponsors for the I-134, but I'll defer to others who are more familiar with that embassy.
   4. Since you live abroad, you will need to show US domicile or intent to establish US domicile. You also need to enter the US at the same time or before her (i.e. she can't come to the US while you finish taking care of things back in SA).
3. How long will you be in SA still? You mentioned not being able to reside there long term. She will need to have legal status there at the time of the embassy interview, or else she will need to list another embassy or have the case transferred to a different embassy. A K-1 is taking 6-8 months (on average) from I-129F filing to the visa interview.

One question though...why a fiance visa? Why not get married and do a spousal visa? I'm fairly certain DCF for the I-130 is available in SA, so if you've lived there for at least 6 months then that would be the fastest and cheapest route by far. And she would have LPR status immediately upon entry....no AOS required.

https://www.uscis.gov/about-us/find-uscis-office/international-offices/south-africa-uscis-johannesburg-field-office