Can you apply for a K1 visa living outside of the US (merged)

[Kasi76 0]

I am planning on filing a K1 visa for my fiance, however I don't know if I can apply for it from Ukraine ( my current residence).I am a US citizen. 

[Kasi76 0]

I am planning on filing a K1 visa for my fiance, however I don't know if I can apply for it from Ukraine ( my current residence).I am a US citizen. 

[Just Paul 4,595]

Yes,  send it to the address in the instructions.

[aaron2020 11,651]

You can apply from anywhere in the world.

 

Have you considered the advantages of getting a CR-1 spousal visa which automatically grants a green card upon entry vs the K-1 disadvantages of having to wait 6 months waiting for an EAD to legally work?

[Kasi76 0]

And there won't be any problems down the line ?.... I just heard from a lawyer that said that you have to reside at least 90 days in the US which made no sense to me! 

[Kasi76 0]

Which visa is the fastest way of getting your loved one over to the US ? The spousal or fiance ? 

[payxibka 10,045]

2 minutes ago, Kasi76 said:

Which visa is the fastest way of getting your loved one over to the US ? The spousal or fiance ? 

Fiancee,  but speed alone should not be the sole basis for the decision.  What country?

Edited November 7, 2019 by payxibka

[aaron2020 11,651]

3 minutes ago, Kasi76 said:

And there won't be any problems down the line ?.... I just heard from a lawyer that said that you have to reside at least 90 days in the US which made no sense to me! 

No such requirement.

[Kasi76 0]

Ukraine 

[aaron2020 11,651]

9 minutes ago, Kasi76 said:

Which visa is the fastest way of getting your loved one over to the US ? The spousal or fiance ? 

Fiancee by a couple of months. 

However, you need to look at the big picture.  Is waiting an additional few months worth paying for AOS, waiting 6 months for an EAD to legally work, waiting 6 months to be able to travel internationally without abandoning the entire process, and wait possibly over a year for a green card?  

Can both of you handle living off your income alone for 6-8 months?  The visa holder's inability to work for 6-8 months creates a financial hardship and the K-1 going crazy from boredom make many people regret going the K-1 route.  We see if often.

Edited November 7, 2019 by aaron2020

[HRQX 4,145]

46 minutes ago, Kasi76 said:

I don't know if I can apply for it from Ukraine ( my current residence).I am a US citizen. 

Yes, you can submit the I-129F petition. At the embassy stage, domicile might be asked when you submit the I-134.

[Crazy Cat 41,980]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives 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.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[DaveAndAnastasia 2,093]

1 hour ago, aaron2020 said:

Fiancee by a couple of months.

I agree that for a couple living together outside the US, a CR-1 is almost always a better choice, and that you definitely shouldn't choose the path you take based on processing times, but a K-1 is not "a couple of months" or "slightly" faster to the US at this time.

 

By current VJ averages, at least, a K-1 is almost 8 months faster from NOA1 to interview (which is to say a CR-1 takes about twice as long to the US).

[Seanandrach 39]

23 minutes ago, DaveAndAnastasia said:

I agree that for a couple living together outside the US, a CR-1 is almost always a better choice, and that you definitely shouldn't choose the path you take based on processing times, but a K-1 is not "a couple of months" or "slightly" faster to the US at this time.

 

By current VJ averages, at least, a K-1 is almost 8 months faster from NOA1 to interview (which is to say a CR-1 takes about twice as long to the US).

Wow.. How long is the CR-1 taking currently? We've already done K-1 but waiting another 6 months to be able to travel out of US or work is going to be hard for us

[aaron2020 11,651]

2 minutes ago, Seanandrach said:

Wow.. How long is the CR-1 taking currently? We've already done K-1 but waiting another 6 months to be able to travel out of US or work is going to be hard for us

Sorry.  At this point, there is nothing you can do.  It will take that long to get the EAD and AP.  It's the major drawbacks of going the K-1 route.