Filed for K1 and now thinking of Spouse Visa

[db2016 100]

Hi All, 

 

I filed for a K1 visa for my fiance in Egypt. After a very long wait both at USCIS and now the embassy (we are on AP after the interview), we are thinking of getting married and filing for the spouse visa instead. My only concern is that if we do get married, I will join him in another middle eastern country, not Egypt and will have to quit my job here in the US. But will seek employment in that MENA country. Since there has to be domicile, what are my options? Has anyone else done the same? Left their job and home in the US to join their husband abroad while applying for the spouse visa. 

[GabiMatch 161]

1 hour ago, db2016 said:

Hi All, 

 

I filed for a K1 visa for my fiance in Egypt. After a very long wait both at USCIS and now the embassy (we are on AP after the interview), we are thinking of getting married and filing for the spouse visa instead. My only concern is that if we do get married, I will join him in another middle eastern country, not Egypt and will have to quit my job here in the US. But will seek employment in that MENA country. Since there has to be domicile, what are my options? Has anyone else done the same? Left their job and home in the US to join their husband abroad while applying for the spouse visa. 

You can't apply for spouse visa wile living abroad, the hole point of the visa is to reunite spouses that can't be together because of the lack of visa...to apply for spouse visa you have to prove residency in the US.

Hope it helps.

PS if you work for the government (military I think) you actually could apply for spouse visa wile abroad.

Edited September 15, 2017 by GabiMatch

[truelove29 218]

I wouldn't switch now...you're almost through with getting the K-1...only if you get denied would I then see applying for the spouse visa. You would be starting over, it's taking about a year for the spouse visa, and you could still go into AP after that interview as well. I would wait until you find out the outcome of the K-1.

[Ragster 10]

26 minutes ago, GabiMatch said:

You can't apply for spouse visa wile living abroad, the hole point of the visa is to reunite spouses that can't be together because of the lack of visa...to apply for spouse visa you have to prove residency in the US.

Hope it helps.

PS if you work for the government (military I think) you actually could apply for spouse visa wile abroad.

That is incorrect. We went through the process while my husband (USC) is living in Egypt with me. YOU CAN sponsor your fiancé and apply for him while living abroad.

 

The proof of domicile can be established through the following means:

- Maintaing bank accounts in the US

- Owning or renting a home in the US

- Owning a vehicle in the US

- Registered to vote

- Valid Driver's license

- Any home/automobile insurance

- Any income originating from the US (could be pension or interest on bonds, securities)

 

In terms of finances, you need to have US-based income that is 125% of the poverty limit. The 2017 poverty guidelines are: https://www.uscis.gov/i-864p

(form I-864P). This form tells you how much you need to be making (based on the number of people you financially support) to sponsor your fiancé.

 

If you do not meet the minimum level required, you can get a joint-sponsor who can be a family member or a friend willing to sign the affidavit of support with you (he/she will also need to provide you with tax transcripts for the last 3 years, in addition to detailed financial info).

 

I hope this helps.

[GabiMatch 161]

3 minutes ago, Ragster said:

 

 

The proof of domicile can be established through the following means:

- Maintaing bank accounts in the US

- Owning or renting a home in the US

- Owning a vehicle in the US

- Registered to vote

- Valid Driver's license

- Any home/automobile insurance

- Any income originating from the US (could be pension or interest on bonds, securities)

If you read my post you saw that I said that he have to PROVE RESIDENCY IN THE US if you have a house or rent one you can just say that you live there right?

Just a thought 😉

[db2016 100]

57 minutes ago, Ragster said:

That is incorrect. We went through the process while my husband (USC) is living in Egypt with me. YOU CAN sponsor your fiancé and apply for him while living abroad.

 

The proof of domicile can be established through the following means:

- Maintaing bank accounts in the US

- Owning or renting a home in the US

- Owning a vehicle in the US

- Registered to vote

- Valid Driver's license

- Any home/automobile insurance

- Any income originating from the US (could be pension or interest on bonds, securities)

 

In terms of finances, you need to have US-based income that is 125% of the poverty limit. The 2017 poverty guidelines are: https://www.uscis.gov/i-864p

(form I-864P). This form tells you how much you need to be making (based on the number of people you financially support) to sponsor your fiancé.

 

If you do not meet the minimum level required, you can get a joint-sponsor who can be a family member or a friend willing to sign the affidavit of support with you (he/she will also need to provide you with tax transcripts for the last 3 years, in addition to detailed financial info).

 

I hope this helps.

Thank you so much! We want to get married and people have been on AP in Cairo ok K1 indefinitely, we would rather be together even if on AP. I know it doesn't make sense to a lot of people why we would do this, but they'd K1 process has taken a huge toll on us.

[geowrian 22,336]

16 hours ago, GabiMatch said:

If you read my post you saw that I said that he have to PROVE RESIDENCY IN THE US if you have a house or rent one you can just say that you live there right?

Just a thought 😉

domicile* And you need to show US domicile or sufficient evidence of intent to establish US domicile. You certainly can file while living abroad or after moving abroad.

 

Having a house or lease is one form of evidence of US domicile, but may not be sufficient in itself. The CO evaluates this requirement using the totality of the circumstances (how long they lived in/outside the US, what they've done to maintain or establish domicile, etc.).

[EandH0904 1,184]

19 hours ago, db2016 said:

Thank you so much! We want to get married and people have been on AP in Cairo ok K1 indefinitely, we would rather be together even if on AP. I know it doesn't make sense to a lot of people why we would do this, but they'd K1 process has taken a huge toll on us.

The k1 takes a huge toll on everyone. When my fiance was put on AP (Morocco, not Egypt) we decided we would wait AP out for however long and if he wasn't here we would get married. After our NOA2 expired,  we contacted our congressman representative, who found out his visa was actually still undergoing processing, and our timeline was being updated every few days so we thiught ok....some process....the representative checked every 30 days for us, and after 14 weeks it was returned. We are now planning to meet in November and get married. Idk how many times you saw each other before filing, maybe that's an issue. We purposefully waited a bit and didn't get married on 2nd or 3rd visits to establish more FaceTime together and a stronger relationship. Now we are getting married on fourth visit. You DO need resolution of your K1 before filing CR1.   (I don't know if it's a requirement but some cases on here on CR1 have gotten CR1 AP without it)  

 

I'm a Muslim and I love Morocco, but I couldn't live there - my career wouldn't be the same,  income drastically reduced, the language, health care benefits. As others have said, if you want to move there, go for ir, have a great time, but CR1 is a visa for a spouse to join you in the US. 

[Ragster 10]

On September 15, 2017 at 5:17 PM, GabiMatch said:

If you read my post you saw that I said that he have to PROVE RESIDENCY IN THE US if you have a house or rent one you can just say that you live there right?

Just a thought 😉

That is not correct. They do verify things like that (in terms of where the spouse has been actually/physically living). A house (owned or rented on its own) is not sufficient proof of domicile. A USC can indeed maintain domicile in the US while living abroad - even if he/she does not own/rent a residence (house/apartment) inside the US. 

 

You probably had different circumstances when filing for your visa, but mine were/are similar to the poster here, this is why I commented in the first place. Each case is different. Have a good day.

[pushbrk 12,146]

GabiMatch is completely misinformed and all would be wise to completely ignore their response.  Ragster has given such good responses, I can only add, that living together for an extended period of time as husband and wife, is the best way to assure your ultimate success in the spouse visa process.  I would never advise a fiance visa from Egypt, (pretty much any MENA country) even if it seemed like the only available option.  

[db2016 100]

On 9/20/2017 at 9:09 AM, pushbrk said:

GabiMatch is completely misinformed and all would be wise to completely ignore their response.  Ragster has given such good responses, I can only add, that living together for an extended period of time as husband and wife, is the best way to assure your ultimate success in the spouse visa process.  I would never advise a fiance visa from Egypt, (pretty much any MENA country) even if it seemed like the only available option.  

Thanks so much @pushbrk, filing for the fiance visa didnt work for us unfortunately, we thought our case was solid because we are both ethnically Egyptian, around the same age and share the same religion. We have waited so long and decided it is best to withdraw the application, get married and apply for the spouse visa. 

 

Has anyone else applied for the K1 and withdrawn it and gotten married and applied for the spouse visa?

 

Will this look bad to USCIS?

[pushbrk 12,146]

Sure, lots of people have and been successful.  Usually the second time around they have plenty of evidence of time spent together in person, and do all the other good things one should do when bringing an immigrant from Egypt.

[Boiler 43,583]

On 9/15/2017 at 8:17 AM, GabiMatch said:

If you read my post you saw that I said that he have to PROVE RESIDENCY IN THE US if you have a house or rent one you can just say that you live there right?

Just a thought 😉

Residency is not required.