If the beneficiary currently lives in the us, what do I put on the question 47 Your beneficiary currently physical address abroad?

[StephanieKl 0]

 

 

[mc962 55]

How do you plan to get the K1 visa? You won't be able to get it from inside the U.S. (they won't give you a visa to enter the country when you are already there generally). If the fiance is already there, then I believe you would just get married and file for Adjust of Status to Permanent Residency.

The only way I see a possibility, is if the fiance plans to leave the country (such as the end of a school term), and so plans to get the visa in another country. In that case, maybe, you could write your intended address in the form, and then have a note in Part 8 Additional Information about how you are currently in the U.S., but will have had to move out due to school/work/etc. stuff before the visa is processed...although no guarantees that they will like that since maybe they will say you wouldn't be eligible for the visa as a U.S. resident. But doing the Adjustment of Status will likely be quicker/easier/cheaper regardless.

In any case, more context is probably needed.

[StephanieKl 0]

Just now, mc962 said:

How do you plan to get the K1 visa? You won't be able to get it from inside the U.S. (they won't give you a visa to enter the country when you are already there generally). If the fiance is already there, then I believe you would just get married and file for Adjust of Status to Permanent Residency.

The only way I see a possibility, is if the fiance plans to leave the country (such as the end of a school term), and so plans to get the visa in another country. In that case, maybe, you could write your intended address in the form, and then have a note in Part 8 Additional Information about how you are currently in the U.S., but will have had to move out due to school/work/etc. stuff before the visa is processed...although no guarantees that they will like that since maybe they will say you wouldn't be eligible for the visa as a U.S. resident. But doing the Adjustment of Status will likely be quicker/easier/cheaper regardless.

In any case, more context is probably needed.

Yes, I(the beneficiary) have been living here for a year and a half now, but I am going to leave the country in two months. For this reason we are applying for the K1. But I am not exactly sure where my address is gonna be after I leave so should I put my parents address in Brazil?

Also, because my boyfriend is still in college and don't have a job we can't just apply for an adjustment of status right now, and we don't have a co-sponsor either.

[aleful 1,905]

hi

e

why leave, you can marry and file for adjustment of status

 

if you leave, you will have a 10 year ban unless you have been in the country legally all this time

 

if you have been illegally in the country, you will have to file a waiver and your boyfriend will have to do the hardship letter

 

plus it doesn't make sense, the k1 is to enter the country to get married and adjust status, so what's the difference?

 

he will have to pay for you to enter the country, and pay again for the adjustment of status, either way you have to file for adjustment of status to get the green card, 

 

you are already here, no need to file the k1 to enter the country

 

your husband will have to file for adjustment of status regardless

 

 

 

 

[StephanieKl 0]

3 minutes ago, aleful said:

hi

e

why leave, you can marry and file for adjustment of status

 

if you leave, you will have a 10 year ban unless you have been in the country legally all this time

 

if you have been illegally in the country, you will have to file a waiver and your boyfriend will have to do the hardship letter

 

plus it doesn't make sense, the k1 is to enter the country to get married and adjust status, so what's the difference?

 

he will have to pay for you to enter the country, and pay again for the adjustment of status, either way you have to file for adjustment of status to get the green card, 

 

you are already here, no need to file the k1 to enter the country

 

your husband will have to file for adjustment of status regardless

 

 

 

 

Well, the reason for all of that is because he is a college student right now and we don't have anybody to be our co-sponsor. He is graduating soon and by the time I'll have my interview he is gonna be working for a few months already so he is gonna be able to prove that he has enough money to have me back in the country.

[aleful 1,905]

you can wait here until next year

 

what has been your status in the country?

 

 

[StephanieKl 0]

1 minute ago, aleful said:

you can wait here until next year

 

what has been your status in the country?

 

 

I am an exchange student. I am going to germany for 6 months and for everything to work out in time we need to submit it in January, so I'll still be here

[mc962 55]

My guess (others may confirm), is that it would be best to put your expected address there, for where you expect you will be by the time they are looking at the application. This may also be the address that certain correspondence will ultimately be sent to, such as documents from the Consulate once you get to that stage. 

You may wish to put something in the Additional Information page about how you are living in America at the time of your application, but expect to be at your abroad address at the time the application is adjudicated, so that they don't get confused.


Although, there might be some other options you haven't considered. A lot of people will tell you that the CR1/IR visa is a better deal (I generally agree), since if you can get married beforehand, as you get a Green Card on arrival. And I believe the Financial Support affidavit is not needed until the Consulate stage (same as K1).
 

Adjustment of Status from when the fiance is within the country would definitely be the best deal if possible, but as you said if you can't get the money together in time, then that probably won't work.

[JFH 12,189]

This is not the first time that the OP has been advised that the K-1 is not the most suitable route. You can lead a horse to water...

[lummo 61]

6 hours ago, StephanieKl said:

I am an exchange student. I am going to germany for 6 months and for everything to work out in time we need to submit it in January, so I'll still be here

After reading your other thread and this post then I advise to marry in the US and go the CR-1 route instead. Here is an analysis by @missileman:

Quote

K-1

More expensive than CR-1

Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

You can not leave the US until you receive approved Advance Parole (approx 5-6 months)

You can not work until you receive EAD (approx 5-6 months)

Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period

You will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1

Less expensive than K-1

No Adjustment of Status (I-485, I-131, I-765) required.

You can immediately travel outside the US

You are authorized to work immediately upon arrival.

You receive Social Security Card and Green Card within 2 or 3 weeks after entering the US

Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

You have legal permanent Resident status IMMEDIATELY upon entry to US.

 

My Final Analysis: If you can marry then CR-1 is a much, much better option

The I-864 is not required until the NVC step. Thus plenty of time to get a job after his graduation.

[StephanieKl 0]

On 12/23/2018 at 9:20 PM, JFH said:

This is not the first time that the OP has been advised that the K-1 is not the most suitable route. You can lead a horse to water...

Well, I have a special case and if you had actually read what I answered to everybody who said that this is not what I should be doing you would understand why I am doing what I am doing.

[milimelo 4,205]

There’s absolutely nothing special about your case. No joint sponsor and want to do it on your own. Fine. Get MARRIED and file I-130 - it will take same amount of time BUT you’ll be able to work and travel  as soon as you pass POE. In your situation this should be something you’re thinking about ahead of time. 

[StephanieKl 0]

5 hours ago, milimelo said:

There’s absolutely nothing special about your case. No joint sponsor and want to do it on your own. Fine. Get MARRIED and file I-130 - it will take same amount of time BUT you’ll be able to work and travel  as soon as you pass POE. In your situation this should be something you’re thinking about ahead of time. 

I said that it was a "special case" because I am currently in the us, and I haven't been able to answer some of my questions because of that. And yeah, other than that there is nothing special about my case.

What do you mean by it takes the same amount of time? It apparently takes a way longer, and even though we know all the perks of filling for the I-130 we rather be together a couple months before, plus the i-130 requires a little more income than the i-129f. 

[milimelo 4,205]

7 hours ago, StephanieKl said:

I said that it was a "special case" because I am currently in the us, and I haven't been able to answer some of my questions because of that. And yeah, other than that there is nothing special about my case.

What do you mean by it takes the same amount of time? It apparently takes a way longer, and even though we know all the perks of filling for the I-130 we rather be together a couple months before, plus the i-130 requires a little more income than the i-129f. 

It actually does not. Both I-134 and I-864 want 125% of poverty guidelines for your household size. These days the I-130s are approved a bit faster than I-129fs. 

 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.