I-129F/K-1 Questions

[emixkid 48]

Hello all,

 

I have a few question regarding the K-1 visa.

 

A quick summary of my situation: 

I am the petitioner (US citizen) and have been dating my fiance (South Korean citizen) for over nine years. During this time, I have been residing and working in Seoul, South Korea (still currently in Seoul). We submitted our I-129F application in July, received our NOA1 in July, and just recently received our NOA2. 
 

Now, the questions:

 

1. I-134

I quit my job in Korea a few months ago due to personal reasons and have been unemployed since. I already have a cosponsor (my brother) lined up for the I-134, and he makes well over the poverty line. I plan on returning to the US early next year (after my fiance’s embassy interview) to secure a job before she comes to the US.

 

1A. As stated, my cosponsor is my brother. He's been at his job for a little over two years, so he can't provide three years worth of tax returns, but he can provide W-2s and paystubs. Would that suffice for the cosponsor?

 

1B. Since I haven’t been employed for a few months, there may be a chance I will work briefly (about 2 months) in Korea before leaving to make some extra cash. I know that the CO is only interested in US-based income (hence my cosponsor). However, if I employed in Korea at the time of my fiance’s interview, would they see it negatively? Meaning, if I end up working briefly, I’ll have an employment contract that will run from now until November 2020. Of course, I just plan on quitting once my fiance’s visa is approved during the interview. I’m just worried the CO might think I’m not interested in moving to the US anytime soon. Is it even worth it to put the employment on the application if it’s so brief and in Korea?

 

2. Proof of US domicile

I have been living in Seoul for over ten years now, but I have maintained my physical address in the US (parent’s home) through the following:

- Credit card and bank statements

- Student loan statements

- IRS tax transcripts

- Driver’s license

 

2A. Would these documents be acceptable as proof of US domicile?

 

I apologize for the lengthy post and thank everyone in advance for any helpful advice. 

 

Edited October 27, 2019 by emixkid

[geowrian 22,335]

I'm unsure of Seoul's stance on co-sponsors. Most consulates do accept them, but some only do so in very limited circumstances. I'd suggest researching how Seoul views them just so you're not surprised.

 

1a) For the I-134, just 1 years of tax returns should be sufficient.

1b) I would not expect it to have any meaningful impact. If you do work, it must be listed on the form (no misrepresentations...they take this very seriously).

NOTE: The visa is not actually approved at the interview - it must complete additional checks before they will actually issue the visa.

 

2) The issue with those documents is that you've been living abroad for 10 years and are clearly not actually domiciled in the US right now, yet you have those items. From a clearly practical standpoint, what value do they really have in showing that you are domiciled in the US or intend to be so soon?

That said, I don't actually expect them to question it in your case. AFAIK, Seoul isn't too strict on domicile for fiance and spousal cases. But if you're still concerned, I'd look at items that show recent intent to return to the US, such as searching for jobs, a place to live (if not planning to live with your parents), etc.

 

Best wishes.

Edited October 27, 2019 by geowrian

[emixkid 48]

Thank you for the detailed response!

 

From my understanding, the US embassy in Seoul does accept cosponsors (verified through a document posted by the embassy). 

 

Hopefully, the proof of US domicile won't be a big issue during the interview. Thanks again! If anyone else has any useful insight, please do post!

[Greenbaum 12,258]

Here is what is required for the financials and come straight from the P3 letter posted on the SK embassy website.

 

AFFIDAVIT OF SUPPORT AND EVIDENCE OF INCOME: The Form 1-134 must be properly signed by the petitioner and any joint sponsors, and must have evidence of current, sustained income/assets (ex. statement from the bank/financial institution, petitioner's employer on business stationery, a photocopy of the most recent Federal income tax returns) and each signer's proof of U.S. citizenship or legal permanent resident status. The forms are also downloadable at USCIS website at www.uscis.gov.

 

Here is where that came from and other links to help you along the way.

 

P3 letter is found on the embassy website

https://kr.usembassy.gov/visas/immigrant-visas/packet3-k/

Preparation materials for the interview

http://www.ustraveldocs.com/kr/kr-iv-typek1k2.asp

Your country's portal here on VJ

http://www.visajourney.com/portals/index.php?country=South Korea

Your country/regional discussion here on VJ where you can ask more specific questions about your case with others from SK.

http://www.visajourney.com/forums/forum/90-asia-east-and-pacific/

 

If you find anything not up to date or the information is wrong, please share your findings. Please compare the date of the P3 of mine with the date from your copy, once you receive yours from your embassy. Keep in mind that I try and be factual with my information, but I can't do it on my own and that's where you come in and can give back to the community those who come behind you. Without others ahead of you I would not be able to provide this to you.  I can only share factual information if folks like you continue to be my eyes and ears for your embassy. I wish you much success in your visa journey.

[emixkid 48]

Thank you.

 

I'll be sure to post any meaningful information as well as updates to my situation (probably after the embassy interview).