alexpm7

My husband just filed for his AOS on June 3rd, we received our receipt and notice that they received it and accepted payment. We've read in many places that it's safe for him to travel domestically, within the US, but we want to be extremely cautious. Can they say something to him for traveling inside the country? He'd bring his Peruvian passport and USCIS receipt notice. He also has an active Tourist visa. Thank you.

8 hours ago, geowrian said:

Yes, you can petition fine. But having a joint sponsor will be needed, as noted.

 

Just having a state ID likely won't qualify as US domicile. No single piece of evidence does. You need to provide sufficient evidence of domicile or intent to establish domicile in the US. Basically, what have you done to show that you are able and intend to be living in the US? The CO will look at the totality of the circumstances.

What sort of documentation could I provide to prove that I am in fact moving to the US? I will have a one way ticket and I will be staying with my cousin for about a month or so at first, maybe he could write a statement/letter? Or would you recommend I move to the US before my fiancé so I can get a place and a job? Thank you so much for answering. 

7 minutes ago, aleful said:

hi

 

to be the sole sponsor, you need to be employed in the US. since you aren't you still will have to file the i134 as the petitioner but your income won't count

 

for a fiancé visa, you only can have one joint sponsor if the consulate allows it, the joint sponsor will fill out another i134

 

unless you have assets, you should chose the joint sponsor with the most income

 

 

 

 

Thank you so much for the fast answer! So, just to recap, it IS possible for me to petition him even though I don't live or work in the US, as long as I have a joint sponsor? 

It's not going to be automatically denied if they see that I don't live/work in the USA? I've had a Florida state ID from when I lived there, but I lost it. Still, that's in my records as my domicile right? Thank you again 

Thank you everyone, I'll be starting the K1 Visa process soon  wish me luck! 

Hello! 

I'm a US citizen but I live in Perú. I'm going to start the K1 Visa process to petition my fiance, but I was wondering if there will be any problem with me being his sponsor if I don't live or work in the US. I have a good income and 2 co-sponsors for him, so do you think this might be an issue? Does my employer have to be from the US? 

Thanks! 

Hi! We're not planning on staying, we want to go visit (stay for a week or 2) a get married while we're there, then come back to Perú. Then, after a few months, we would go back to the US and stay, apply for an AOS. The question is, would this help speed the process? Or should I just do the K1 from here? (Perú) 

Hello! I was wondering what way would be faster for me and my boyfriend to be able to live in the US.
I'm a US citizen and he's Peruvian but has a tourist visa for a long time and has lived in the US before. Currently we both live in Perú, but I'm moving to the US soon and I we want to go together.
I was thinking of visiting my cousin who lives in the states with my bf and getting married while we're there, and then coming back to Perú and wait for the process so we can be together during that time. My questions are:

Would it be faster if I apply for a petition for him to go to the states with me as my fiancé? (I know that the process can take up to 6 months IF it is approved) 
Would he be able to stay there with me while we wait for the petition to be approved? 

If we get married in the US, then come back to Perú for a few months, and then go back to the US and stay so he can apply for an adjustment of status, would it be faster? 

Thank you in advance!

You will need an affidavit of support regardless of which route you take.

No meeting the income requirement alone is not a cause for denial. Some people are unable to find a co-sponsor or they take too long to provide a co-sponsor or some fill the wrong form.

If you have someone eligible to co-sponsor your fiance, then do K-1.

Thank you so much!

Hello! I've been reading a lot about low income couples that apply for a K1 Visa and some of them say that they've been rejected due to the petitioner's low income, and even when filing a joint sponsor they've been rejected as well. I've also read that in some of these cases it is easier to go with the Spouse Visa but the reasons are not very specific.

Does anyone know something about this? It would be extremely helpful since I'm about to file the I-129f for my fiance (I live in Peru with him and don't meet the requirements to be his sponsor but I already have a joint sponsor for him).

Thanks!

Hi guys! No, I don't do taxes because I make less that 8k a year (I live in Peru and income and living cost is much much lower than the US)

Hello!

So I'm about to start the process to petition my fiancé for a K-1 visa, but I just found out that I am listed as a dependent on my father's tax return even though I've never lived with him/received any money from him. I need to know if this could affect my petition in any way. I can't be my fiance's sponsor, I already have an uncle who has agreed to be his sponsor, but I still have doubts because I want to get everything right down to the last detail.

If you have any info on this I'll be incredibly thankful.

Thanks!

Thank you for your answers guys! I did some research and found out I don't need to file taxes, so I'm good there. But now I have another question. I just found out my father has me listed as a dependent on his tax return even though i've never lived with him and i need to know if that could affect my petition in any way. I won't be able to be my fiancés sponsor, I already have a co sponsor for him, so there's no problem there but do you guys know if it could affect it in any other way?

Thank you in advance

Hello! I need help filling out my employment history on the G-325A form for the K-1 Visa for my fiancé. I'll give you a summary of my case:

I'm a US citizen, I was born there but I have lived here in Peru since I was 4 (i'm 25). I've visited the US several times though, and I am moving there soon so I'm petitioning my fiancé so he can come with me. We're filling out the employment history part of the G-325A and I have a few questions.

For the last 2 years I haven't had a "legal" job, I have a jewelry brand that i sell independently, and I do fashion styling and Art Direction, but have been paid in cash for those jobs. 5 years ago I moved to the US and worked at Macy's for 6 months. The thing is I've never done taxes, i didn't know I had to if I lived and worked abroad.

Should I list the jobs I've had even though they weren't "official" or I was paid in cash?

Please help! thanks

No, you do not have to reside in the U.S. to apply, BUT .... BUT .... BUT, when you apply for Adjustment of Status and you are the Sponsor for your boyfriend/future husband ... you have to be domiciled in the U.S. to do so. It does not state how long you have to have lived, but you will need to be domiciled in the US.

You can mail the application in yourself.

You need to send your application to the address listed in the instructions for I129F. http://www.uscis.gov/i-129f

I believe the I129F only asks for a mailing address, which is important because they will mail you all the important notices, etc. If you plan on moving immediately, you can use your dad's address, but if it is after a few weeks or so, use your current address and then when you are moving, file an Address Change Request with USCIS to get a new correct mailing address that they can send your mail to. NOTE: anytime you move, even if it is across the street, you are REQUIRED to notify USCIS of any address change.

Thank you!

So I can mail the application from here (Peru) or does it have to be from a US address? Would you recommend giving them my mailing address in Peru or an address in the US to get the documentation?

I can't be my fiance's sponsor because I won't have a job until we get there and settle in, my dad is going to be the sponsor, do I still need to be domiciled in the US?

When they ask for the address my fiance and I will be staying in when we get to the US, I'll give them my dads address in Florida because that's where we're going to stay for a couple of weeks until we get an apt. in Dallas, Texas which is where we will live. Do you think there will be a problem there? Or is it okay to just let them know I moved and change the address?

Thank you so much for replying! I posted my questions yesterday and was afraid I'd get no answers.

Hello!

I am new to this forum, I'm hoping someone can help me get some answers about the K-1 Visa.

I am a US citizen but I've lived in Peru since I was 5 years old. I've traveled to the US several times to see my father and other relatives that live in Florida and Texas. One time I stayed at my dads for 6 months and got a Florida ID with his address as my domicile. I want to petition my boyfriend (fiance) because we want to get married in the US and live in Dallas. My questions are:

- Is it a requirement for me to live in the US in order to file the fiance Visa petition? -Do I have to go back to the US and stay for some time before filing the petition? (I've read that it isn't a requirement but I want to make sure) -Do I have to mail the application from the US myself or can someone do it for me? (for example my dad)

I am also confused about the address I need to give in the application. My fiance and I want to get an apartment before we get there (a friend or relative can take care of that for us) or if that doesn't work out we would stay at a friends or at my dads until we settle in. My question is, can I write a temporary address (my dads) in the application even if it's not the place and state my fiance and I will be living in? Can I change it afterwards?

I also have questions about the affidavit of support but I'll post them in the right topic forum.

Thank you!