K1 for my fiance, but I do not live in the USA

[linuxpro]

I am a California born US citizen who is almost 50, and a US Gulf War veteran. I am applying for a K1 visa on the behalf of my finance.
She is from Myanmar, and the same age as I am. We both live in Singapore, were we have jobs. We plan to go to Vegas and get married next May, and to visit with her sister who lives in Candida. We have no real long term plans to live in the USA, except to visit every year.
She has a child who lives in Myanmar and he will remain there to complete his secondary school education. I have no children by plan.

I stared on the form for a K1 visa. I foresee only a few difficulties:
1. I do not live in the USA, but I have the address of my brother. I am visiting him in October, so I can show that I have recently been to my “address”.
2. The forms ask for her family name, that of her late husband and her son. She says they have only “given names”. Are they required? What do I put down instead?

I would like to apply for her to get permanent residence so we can come and go together as often as we like.

Thanx;

[yourvisafriend]

I am a California born US citizen who is almost 50, and a US Gulf War veteran. I am applying for a K1 visa on the behalf of my finance.
She is from Myanmar, and the same age as I am. We both live in Singapore, were we have jobs. We plan to go to Vegas and get married next May, and to visit with her sister who lives in Candida. We have no real long term plans to live in the USA, except to visit every year.
She has a child who lives in Myanmar and he will remain there to complete his secondary school education. I have no children by plan.

I stared on the form for a K1 visa. I foresee only a few difficulties:
1. I do not live in the USA, but I have the address of my brother. I am visiting him in October, so I can show that I have recently been to my “address”.
2. The forms ask for her family name, that of her late husband and her son. She says they have only “given names”. Are they required? What do I put down instead?

I would like to apply for her to get permanent residence so we can come and go together as often as we like.

Thanx;

Hi Linuxpro,

The issues you mention can pose a serious problems. If I were you, focus first on the fact that you don't live in the States.
I dont believe its an issue at this moment in time, since my wife and I also applied for a fiance visa when we lived outside the States.

However when you apply for a conditional green card (I-485) later in the process, than you have to also sponsor your wife. The petitioner (you) is also a sponsor.
For the sponsor it is important that you are domiciled in the US.

Have a look at this info, I copy - pasted for you to have a look at:

--
Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No. The law requires that sponsors be domiciled (live) in any of the States of the United States, the District of Columbia, or any territory or possession of the United States.

If the petitioner does not have a domicile in the United States, can a joint sponsor file an I-864?

No. Under the law, a joint sponsor cannot sponsor an immigrant when the petitioner does not have a domicile in the United States. The petitioner must first meet all the requirements for being a sponsor (age, domicile and citizenship) except those related to income before there can be a joint sponsor.

How is domicile determined?

Domicile is a complex issue and must be determined on a case by case basis. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis, usually for work or family considerations. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

He/she left the United States for a limited and not indefinite period of time,

He/she intended to maintain a domicile in the United States, and

He/she has evidence of continued ties to the United States.
An American citizen or LPR spouse or dependent who has maintained a residence in the U.S. and/or whose spouse/parent works in one of the categories listed below would also qualify as a sponsor.

What kinds of employment abroad can be counted as U.S. domicile?

Employment by the U.S. government

Employment by an American institution of research recognized by the Attorney General

Employment by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm

Employment with a public international organization in which the United States participates by treaty or statute

Employment by a religious denomination/group having a genuine organization within the United States and is stationed abroad with that religious denomination

Employment as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States and is stationed abroad with that religious denomination
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy to the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she will need to re-establish a U.S. domicile in order for him/her to be a sponsor. The sponsor may make a number of steps to show that he/she considers the United States his/her principal place of residence. Examples of things he/she can do are given below:

Find a job in the United States

Locate a place to live in the United States

Register children in U.S. schools

Make arrangements to give up (relinquish) residence abroad

Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsored immigrant may not enter the United States before the sponsor returns to the United States to live. The sponsored immigrant must travel with the sponsor or after the sponsor has entered the United States.

---

Good luck with it!

[linuxpro]

Hi Linuxpro,
I dont believe its an issue at this moment in time, since my wife and I also applied for a fiance visa when we lived outside the States.

However when you apply for a conditional green card (I-485) later in the process, than you have to also sponsor your wife. The petitioner (you) is also a sponsor.


Good luck with it!

Thank you

It is a good thing that we only plan to get her a SSN, get married, have a honeymoon and then say goodbye to the USA for who knows how long, maybe for good. There will be no AOS request.

USA taxes are too high. The culture is unfriendly toward Childfree people. Work environments are hostile. I have seen enough drugs, and violence for a lifetime. I am moving to the war torn third world were it is more peaceful. The USA is, to me, just a tourist stop.

I do work for a USA based company abroad. I am happy to do so because it keeps me far away from the management.

The USCIS (15 days) and the NVC (11 days) approved us so far. We are waiting to hear from the embassy.

[rayb]

You might be in for a surprise when your new wife realizes that the U.S. isn't quite as bad as your description below.

--Ray B

Thank you

It is a good thing that we only plan to get her a SSN, get married, have a honeymoon and then say goodbye to the USA for who knows how long, maybe for good. There will be no AOS request.

USA taxes are too high. The culture is unfriendly toward Childfree people. Work environments are hostile. I have seen enough drugs, and violence for a lifetime. I am moving to the war torn third world were it is more peaceful. The USA is, to me, just a tourist stop.

I do work for a USA based company abroad. I am happy to do so because it keeps me far away from the management.

The USCIS (15 days) and the NVC (11 days) approved us so far. We are waiting to hear from the embassy.

[linuxpro]

You might be in for a surprise when your new wife realizes that the U.S. isn't quite as bad as your description below.

--Ray B

She works for a California based company. She has some collage classmates that live there.

Her sister lives in Canada. They visit the USA for shopping all the time.

She has plenty of people to collaborate exactly what I have said. Maybe you need to clean your glasses or look outside once in a while?

[rayb]

Linux,

Thx for the clarification, advice about "cleaning my glasses," and reminder about how dangerous it is to live in the U.S.

I guess the best thing for me to do is pack my bags, gather my tent pegs and head to Iceland or Singapore, where I'll live happily ever after. Unfortunately, my Filipina wife will be sorry to see me leave our home and children, who are happily ensconced here. But then, she has only been here 23 years, hardly enough time to discover what a poor choice she made in immigrating to the dangerous U.S.A.

--Ray B

[linuxpro]

Linux,

she has only been here 23 years, hardly enough time to discover what a poor choice she made in immigrating to the dangerous U.S.A.

--Ray B

I have a saying; there is no right or wrong religion. You have to choose the one that fits you.

There is no right or wrong country, or culture. Culture in the USA is definitely wrong for me. I always felt like a second class citizen, even when I was a child. I am a foreigner in Singapore and nobody treats me that way. Come to think of it I felt more welcome in Kuwait, than in the USA even though someone felt the need to shoot me in the leg. War is funny that way.

I have no use for people with IQ's of <100, who own guns. There are far too many of them in the USA.

I chose Singapore because it has the worlds lowest birth rate, and the fact that Chinese kids actually know how to stand in a queue and be quiet. They know how to sit on an airplane and watch the movie. They know how to sit on a train and read a book. I should not be subjected to ill behaved children in public, movie theaters, trains, airplanes, etc. I should not be subjected to your family "war zone". I do not have children, and that is why I had a vasectomy.

Please excuse my typing. I am using my iPad.

[rayb]

Linuxpro,

Well stated. We must each seek happiness where we can find it.

--Ray B

I have a saying; there is no right or wrong religion. You have to choose the one that fits you.

There is no right or wrong country, or culture. Culture in the USA is definitely wrong for me. I always felt like a second class citizen, even when I was a child. I am a foreigner in Singapore and nobody treats me that way. Come to think of it I felt more welcome in Kuwait, than in the USA even though someone felt the need to shoot me in the leg. War is funny that way.

I have no use for people with IQ's of <100, who own guns. There are far too many of them in the USA.

I chose Singapore because it has the worlds lowest birth rate, and the fact that Chinese kids actually know how to stand in a queue and be quiet. They know how to sit on an airplane and watch the movie. They know how to sit on a train and read a book. I should not be subjected to ill behaved children in public, movie theaters, trains, airplanes, etc. I should not be subjected to your family "war zone". I do not have children, and that is why I had a vasectomy.

Please excuse my typing. I am using my iPad.

[linuxpro]

Linuxpro,

Well stated. We must each seek happiness where we can find it.

--Ray B

Yes in deed! When I retire in Myanmar and give up US citizenship I can still draw USA social security, VA benefits, and of course my investments in the USA bring in $2000 a month in passive income.

It will nice to retire young and bicycle Asia.