K1 Process Differentiation?

[RocketElephant 7]

Hello All,

I was wondering if the K1 visa process is different (from the one listed here: http://www.visajourney.com/content/k1guide)for US citizens residing abroad?

My fiancee and I both reside in Vietnam and are not emigrating. We only wish to get married in the US. Must we still mail the package to the Texas Lockbox?

Thanks in Advance.

[Cody and Daisy 373]

Hello All,

I was wondering if the K1 visa process is different (from the one listed here: http://www.visajourney.com/content/k1guide)for US citizens residing abroad?

My fiancee and I both reside in Vietnam and are not emigrating. We only wish to get married in the US. Must we still mail the package to the Texas Lockbox?

Thanks in Advance.

I suggest reading this...

http://www.visajourney.com/forums/topic/538432-process-for-the-mailing-and-receiving-of-i-129f-petitions/

Yes they must go to the lockbox, all petitions do and then they get sent off to their destinations. Texas/California depending on where you live...

But considering the fact that you are not moving to the states.

The k1 is not for you.

You cannot prove domicile in the states which is a requirement.

[RocketElephant 7]

Thank you 'Cody and Daisy' for your super fast reply! But now I'm confused...

I've lived in Vietnam for a bit over 2 years, and my fiancee is a Vietnamese national. We both wish to reside here. I have a great job, and she has her family.

We only wish to go to the US to visit my family, go to an ASU football game (Go Devils!), and play in Vegas. We'd be there six weeks at the most.

I originally thought we'd get her the B2 visa, and the kind folks over there said that it was close to impossible. She can't prove strong ties (she isn't rich);furthermore, they told me her relationship to me would damage her chances for a B2 because the US would see her as a potential immigrant. That's incredibly ironic, because if we wanted to emigrate (we don't), we'd do it via the proper channels and not via B2 visa.

So, I had read the link I posted and the link you posted; neither of which said I must be a US resident (only citizen).

But the instructions only seem to be for US citizens residing in the US. I know it's anathema for anyone to consider that we don't want to live in the US, but that's the truth. Is there some other visa I'm not considering?

Is it true that the K1 visa isn't for us? What other options do we have? Is it the case that the only way she could visit my family is to lie and say she's an intending immigrant when she's not?? I have read on this forum people say that the K1 is an immigrant visa. I've also read other people say that it's not an immigrant visa.

Thanks again for your insight. I'm starting to wonder if she'll ever be allowed in my home country.

[Cody and Daisy 373]

Here is a topic I have been conversing in which is very similar to yours.

http://www.visajourney.com/forums/topic/544431-american-petitioner-living-abroad-i-129f-questions/?p=7570049#entry7570049

By all means if this is your only choice to get to America to get married and you cannot do it elsewhere then read that topic and understand what you will have to prove to be approved.

A k1 visa is a non immigrant visa with immigrant intent because 99.9% of all those who apply stay to adjust status after marriage.

Edited April 12, 2015 by Cody and Daisy

[RocketElephant 7]

Thank you Cody and Daisy. It appears my situation is remarkably similar to theirs with the exception that I make much more than an entry level Philippino citizen. (Not trying to sohnd condescending).

[NikLR 13,220]

I suggest getting married somewhere else. The K1 is not for you if you two do not plan to immigrate to the USA.

[RocketElephant 7]

In fact, our original plan was to marry here in Vietnam until I was told the B2 visa would be virtually impossible for her to get. Being married to a US citizen makes it even more impossible. That's when we decided to see if the K1 visa would suit our needs better.

[NikLR 13,220]

Unfortunately there is almost nothing you can do about her inability to get a B2 unless you decide to immigrate one day.

[RocketElephant 7]

But, couldn't we file for the K1 and then leave after the ceremony? Since it's a non-immigrant visa, it wouldn't be fraudulent, and we'd really be getting married there. I fail to see how the US government could be upset about us going to get married and spend our hard earned dong there.

[Unshakable Faith 493]

But, couldn't we file for the K1 and then leave after the ceremony? Since it's a non-immigrant visa, it wouldn't be fraudulent, and we'd really be getting married there. I fail to see how the US government could be upset about us going to get married and spend our hard earned dong there.

Well, you have to understand what a K1 visa is for... it's intended for a USC that is living in the US to bring their foreign fiance(e) to the US. That is clearly not your case.

If I were you, I would try getting the visitor's visa and at the interview, just explain to them that you wish to get married in the US and show her around for tourist purposes. I would make sure that YOU were able to show strong ties so they would see that you (and more importantly, she) would leave again. I know that because it will be her visa, they won't be asking for strong evidence from you, but I would send it to show that you are not bringing her there to live or to overstay her visa because YOU have to get back to work as well.

Do you guys live together or does she own a home there? Does she have a job? I would think that a strong tie for her would be that she doesn't have anyone in the US, all of her family is in her country.

The worst that would happen is a no! But you never know unless you try!

Edited April 12, 2015 by DpdNKerosene

[KayDeeCee 4,891]

But, couldn't we file for the K1 and then leave after the ceremony? Since it's a non-immigrant visa, it wouldn't be fraudulent, and we'd really be getting married there. I fail to see how the US government could be upset about us going to get married and spend our hard earned dong there.

Sure, but they may want you to prove US domicile with the affidavit of support. Are you able to prove that? Do you still have a US address? US ID that you maintain, like a drivers license? Voter registration? Do you have the US income to meet the affidavit of support that is required to get a K-1 visa?

Why not at least attempt to get the tourist visa first? People said it is near impossible, but you have not applied and tried yet, correct? Make sure she provides plenty of proof of ties to her home country and that she intended to return. Adding in the info about you also living abroad with her might help too. If her fiance does not reside in the US, then perhaps they will understand more that she has no immigrant intent.

[RocketElephant 7]

She doesn't live eith me and she doesn't have a house. In Vietnamese culture, children live with their parents until they marry, then they'd get a house. She is a pharmacist here in Vietnam and she makes good money for the living wage here ($400 a month), although that isn't enough to prove 'strong ties.'

I do still have two US bank accounts, a 401k, and student loans. All of which I contribute to monthly. I also still maintain a voter registration at my father's house and I plan on voting in the next presidential election.

Although, I will not lie about my intent to resettle back in the US. There has to be an honeat way for my fiancee to visit my family and my hometown in the US.

I never would have imagined that the government would oppose this. It appears it's easier for her to emigrate than it is to stay temporarily. Am I taking crazy pills??

Thanks again for all of your help.

[Cathi 5,607]

I suggest reading this...

http://www.visajourney.com/forums/topic/538432-process-for-the-mailing-and-receiving-of-i-129f-petitions/

Yes they must go to the lockbox, all petitions do and then they get sent off to their destinations. Texas/California depending on where you live...

But considering the fact that you are not moving to the states.

The k1 is not for you.

You cannot prove domicile in the states which is a requirement.

domicile only needs to be established before a visa is issued. There are many many people who file from abroad and set up domicile before approval.

[Cody and Daisy 373]

domicile only needs to be established before a visa is issued. There are many many people who file from abroad and set up domicile before approval.

Yes I know.

The OP here and the one I linked do not plan on staying in the states and therefore won't be able to prove domicile at all.

Hence why I said what I said.

[NigeriaorBust 4,087]

I would try for the B2 visa first. If she proves that both of you must return and your intent is a destination wedding you may have better luck than you expect.