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m0ss

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  1. There are a couple of issues here. The first is the consulate, and what they will require and if your promise letter about employment will be good enough. That is why it's important to say the consulate because different ones are more or less strict. India is more strict.

    The second issue is the visitor visas for the parents. If they need visas, then it suggests they are not from a Visa Waiver Program country, and as such it is not wise necessarily to assume they can obtain the visas. That is why their country is important, to gauge whether or not they have a good chance. Of course, their individual circumstances matter too, and not every person from a given country has the same chances, some better, some worse.

    So without the important details of countries, it is nearly impossible to give any meaningful advice.

    My employment is essentially an foreign intercompany transfer. My employer is the same (they are a U.S. multinational who regularly sends U.S. employees abroad).

    I realize that it may be difficult for certain members of her family to obtain visas. Doing a destination reception would be our next option as both of our families would like to be there.

  2. If they were not able to obtain visa's. Knowing nothing about them I have no idea if it would be a given.

    But then you could always have the celebration back in India.

    Unfortunately, both of us are not from India. We're both expats living here legally.

    If her parents could not obtain U.S. visas, then we would do the ceremony somewhere they would be able to attend. Nothing wrong with having a reception in Cancun, right? :)

  3. Hi there,

    Here are the highlights from my case:

    I am planning to attend the interview with my fiancee. Her and I both live in the same country as I am here on an temporary expat work assignment and I am transferring back to my office in the U.S. I have a letter from my company documenting my situation as well as my current foreign salary and offer letter from my home office with my revised salary. I also have emails and scheduled tour dates of seeking places to live.

    We'll be living at my parents house for the time being, however I don't have a letter from my parents. Hopefully I won't get too much pushback from the consuls but I've always lived with my parents and I am the only child and they're more than happy to let us stay there as we kick off our life in the U.S. They also attended our engagement ceremony abroad so we definitely have proof of their support - they really do consider her their daughter ;)

    We also have a scheduled civil ceremony 2 weeks after we arrive in the U.S. (which I also have documented). We're planning to have the big reception in the summer time to give her family ample time to obtain visitor visas and to avoid the hectic holiday travel in the upcoming months.

    Aside from any additional thoughts on the fact pattern above and reviewing the K-1 interview questions (which fortunately were easy since we've been together for almost 3 years), is there anything else you guys would recommend in terms of preparation for the interview?

    Thanks so much in advance. I hope to share a successful story with all of you in the coming weeks.

  4. I think you will be fine, since your work was clearly temporary and you can prove that, and already have a job waiting for you in the USA. YJust in case, you may want to bring evidence you have or are looking for a place to stay too (lease, emails with realtor, letter from friend where you will be staying etc).

    Normally foreign income does not count, but since yours will continue from the same source after you return home, it will.

    Thanks for your reply!!

    My permanent address is my parents (which matches my drivers license). We will be staying there for a month or two until we find a place around the same area.

    Do you think I still need a letter from my parents stating that I will be residing there until we find our own place?

  5. Hi there,



    My fiancee and I both live abroad and everything is ready for interview. I am just wondering about the U.S. domicile requirement as well as income requirement since I work abroad - I am on a secondment with my U.S. company.



    My position is with an foreign branch of a U.S. firm. My assignment is temporary as I am relocating back to the U.S. firm in the next few months (I will have the same job title, same salary, as my expat job. I will just will be continuing my work back in my old office in the U.S. permanently since my international assignment will be complete).



    I believe there is a provision in the immigration law which states that this is an exemption from needing to maintain U.S. domicile since I am abroad temporarily and I will be returning to my permanent U.S. position. This has always been the intent of my international assignment from my company's perspective. I plan to show my transfer letter back to the U.S. from my U.S. company, my U.S. job offer letter with salary as well as my resignation from the foreign subsidiary. Is this enough?



    Also, would I be able to show my current foreign income on the affidavit of support? I am making the same salary as I would if I was in the U.S. When I transfer back to the U.S. firm, I will be making the same salary as I made abroad.



    My current foreign salary is around 115k USD and this will also be my U.S. salary when I return. I also have cash, stocks and a vehicle in the U.S. with a combined value of around $150k USD. I would like to be able to show my current foreign income since I think it would help my affidavit of support (I have no joint sponsors). Is it permissible to show my foreign income on the affidavit of support?


  6. Hello,

    I was recently engaged and we are planning to register our marriage in India in a civil ceremony with the big reception in the U.S. so my extended family can attend.

    From my understanding, I need to have intent to re-establish my domicile in the U.S. OR have current domicile in the U.S.

    I was planning to file the I-130 and wait for it to be approved. Then I would start my move back to the U.S. (I am in India for a 1 year temporary assignment and I am expected to go back to my U.S. home office and re-establish my employment at the same company - I am currently employed by their India subsidiary).

    Is moving back the best process to overcome the intent of re-establishing domicile?

    I can also ask my employer to generate a job offer letter effective at the end of my 1 year assignment to prove intent to re-establish domicile, if needed.

    My current income in India is $100k USD and once I return to the U.S., it will stay the same (but it also might increase due to annual raises).

    Thank you for your help!!

  7. There was no ceremony. Just a very nice dinner, cake, wine, and a bunch of family, friends and co-workers. The tradition in Iran is to have a formal engagement party before a wedding takes place. The same typically applies to India but I think more people here just have a big wedding since it is an additional cost to have an engagement party.

    We are both personally exhausted from having the engagement party / planning. It took months of planning and families flying from Iran and the U.S. just for our engagement. I would personally love to get married at the courthouse abroad and have a big wedding in the U.S. but I am afraid it could be detrimental for some reason. That is why I wanted to do the fiancee visa in the first place - so we could have my family in the U.S. come to our wedding without asking them to fly to India.

    Would it be detrimental to our application if we have a old fashioned court house wedding abroad without the family being there and having a big wedding celebration once in the U.S.?

  8. Thank you for your response.

    During the early stages of our relationship, we tried to get an non-immigrant visa for her to take a vacation and meet my family but was denied since they didn't think she had intent to return due to being in a relationship with me. Neither of us was considering marriage at the time since we had only been with each other for 6 months. As a result, we are playing it safe and hired legal counsel since my career is essentially on hold due to me being an expat for so long in order to be with her.

  9. Hello,

    My fiancee and I are both currently living in India (She is from Iran and is a student in here in India). I currently work in India (been here for 3+ years). We've been together for almost 2 years.

    We recently held our engagement party in India (both of our families were here and we had a BLAST!!). We are planning to file a K-1 visa application rather than DCF since my father cannot travel (he is wheelchair bound and cannot walk). As a result, we wanted to get married in the U.S. so my father could be present along with my extended family.

    Will we have any issues with the K-1 visa process? We've hired an attorney in the U.S. to assist us with the petition but I want to become more familiar with the process so we don't have any hiccups. I would like to return to the U.S. as soon as possible so we can continue our life there and so I can be close to my father who is unfortunately very ill.

    Thank you!

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