asmpic

Hello everyone, I'm hoping you can help me out with some advice on how best to proceed with the marriage visa.

I'm an American living/working in Switzerland and my wife is an Iranian citizen also living in Switzerland. She moved to Switzerland this past year on a fiance visa and we just got married a few months ago.  

Now, I have plans to move back to the US next year and want to get started on the application process now rather than wait and risk getting the application stuck in admin processing due to the whole travel ban situation. 

Do you know if there's any better chances for her visa getting approved sooner because she has been living in Switzerland and not in Iran? Will the application be hard to do at this time because I will not have any thing to prove that I will re-establish residency in the US (i.e. no job offer yet, no lease, etc). 

Thanks in advance for all the help!

Hello everyone!

I have also received my NOA1 in May.

Just wondering...I understand that 3 months is the typical wait time but has anyone seen the processing times posted on the actual USCIS website? they have it listed at 5 months for the CSC service center. Last updated March 31, 2016.

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Are the times on VJ more reliable?

Hi Harold,

I just received our NOA1 last week. My fiancee is also Iranian living outside of Iran and will apply in London. Any updates on your side - did you receive the NOA2 yet? Ours is scheduled for July according to VJ.

thanks for the feedback, everyone! I guess I just need to wait and hope that the AP is short.

Hello,

I have just submitted the I-129F last week and want to get everyone's opinion on the possibility of AP come interview time. My fiancee is an Iranian citizen but has been living/studying outside the country for the past 5 years. I've also been studying overseas for the past 5 years and we met this way. So we've physically seen each other on many occasions: everyday when we were in school together and now at least once a month as she's moved to London for her PhD. I submitted a huge notebook worth of tickets, passport stamps and pictures of all the times we've seen each other throughout the 5+ years we've been together. She has also recently been to the US most on a visitor's visa to visit the family and such and wasn't placed on AP for that.

What do you all think? No way to give a definite answer, I know. But has anyone been in a similar situation where the beneficiary was Iranian but not living in the country and had to go through AP? She will be doing the interview at the London embassy. Does it help that we've been dating for 5 years and have seen each other very frequently?

thanks for the feedback!

side note: I just finished my degree overseas and will be back in the US soon, so I will have established domicile before her interview.

How about you use your address in Switzerland with end date (since you know)? They aren't asking about the future at this point. Your fiancé will be able to update this when she applies for the visa at the embassy.

The section for most recent address has the end date greyed out so it's open by default. I guess, it's not as important if all this information will be updated at the interview. Will it do any harm if I include a letter stating the situation or does it really not matter?

In terms of domicile, you're good. But, you need a mailing address in the US and an intended US address for your fiancé. You can use your parents address (or other) for this purpose.

Regarding foreign earned income, the answer is you can't use it - mainly because you can't show that it will be ongoing (I assume this is true). Will you be taking a job in the US upon returning? A letter of employment stating your salary would help and some paystubs could help. If no, you should look into getting a co-sponsor.

thanks, I used my parent's address in the I-129F. How would I indicate this on the G-325A though, where they ask for the last 5 years of residence? Do I put my current address in Switzerland with an open end date? Or put my parent's address and show a future date?

Hello everyone,

I'm finally getting ready to submit the I-129F package and have a couple questions. I've been living in Switzerland since 2012, studying to get my Masters and will be graduating in May. Do I need to explain this in the I-129F package since I've read that you need to be living in the US to apply for the k1? I can show that I will be graduating and also even show that my visa will be expiring in August. Also, did I understand correctly, that the topic of domicile will only be brought up at the interview? If so, then I will have definitely reestablished life in the US by that time. Or do I need to show something in the initial I-129F package?

The 2nd question I had was regarding the affidavit of support, since I've been living in Switzerland, my income/taxes have only been foreign and nothing from the US. I have of course still filed taxes in the US to show this but could this still be used to sponsor my fiance? The money I made the past year is well about the 125% poverty line.

Thanks for the help!

Hi,

You may only file at a consulate in a country where the beneficiary is either a citizen or a registered legal resident. However, to also qualify for a direct consular filing (DCF), the petitioner has to have lived in the same country for a minimum of 6 months. So, currently it doesn't sound like you qualify. Also, for future ref, keep in mind that not all consulates offer DCF.

Regarding original question, I don't think an unused K-1 is such a problem for future applications, but more experienced VJ'ers should input here.

thanks, but we have both been living more than 6 months in each country. I've been in Switzerland for the past 3 years and she has been in the UK for the past 2 years. Or do we both need to be living in the SAME country for at least 6 months?

Hi,

You first have to decide if you want to return to the US or stay in Europe for a few more years. If you want to return, then read on. Otherwise don't bother with a visa now and wait until you need one.

If there is an USCIS international office in your country you can go the DCF route (get married and apply for your spouse's visa directly in your country of residence instead of the USCIS in US). This saves a lot of time and will get you both to the US faster.

Even if there is no USCIS office in your country, you can also consider getting married first and apply while you're still in Europe. Your spouse will have the 2-year green card as soon as she enters the US so she will be able to work and travel immediately instead of waiting for another 3 months to adjust status.

If you're applying for a K1 and not use it, then it might bring some issues down the road when you apply again for immigration benefits, it will raise the level of scrutiny your petition will get and make it harder for your spouse/fiancée to get her visa in the future.

If you choose to get married first, you can do so in any country you choose (US, Europe or Iran) and take it from there. If you go the K1 route, then you have to get married in the US - so her friends and family from Iran might have a harder time (financial and visa) coming to the wedding.

Hope this helps.

Thanks for the help!

So if we were to get married in Europe, (she currently lives in the UK and I live in Switzerland) and I go over to London and get married, what would the next steps be? I understand we can do a direct filing at a US embassy but the question would then be, which embassy since we are currently not living in the same country?

Thanks!

Hello,

I've been browsing the forum for a while now and think it's time I asked for direct help. I would like to apply for a k1 visa to bring my fiancée to the US. She is from Iran but we have been both studying in Europe for the past 4 years. It's about that time for me where I'll be finishing my degree and will need to move back to the US, so I thought now would be the best time to apply so we can cut the time we would need to be apart by as much as possible.

Now here's where it gets a bit tricky, I'm applying for jobs both in the US and here in Europe, so if it happens that I'm able to extend my time here further, I will do it and not go back to the US. So I'm trying to play it safe and wanted to know what would happen if I were to get a job here in Europe and the K-1 visa were also to be granted? If she doesn't use it or cancels it, will it look really bad later down the line? I mean, I won't stay here forever so she will need the visa at some point.

I just don't want to risk waiting and then seeing that I can't stay and having to wait the entire time separated while I apply for the k1 visa in the US.

Thanks for all the help!