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  • k-1 application from third countries

    I'm a us citizen, my girlfriend a Hungarian citizen. My girlfriend recently was denied her tourist visit when we intended to visit my family for a few months. We have been completely committed for life, but uninterested in marriage as neither of us like the concept, but we're rather tired of running into visa issues constantly, so we are considering a K-1 visa, and marriage while we're forced to be outside of the US anyway.

    We'd like to spend about 6 months in Canada, so that i'm close enough to visit family, but for us to still stay together, is it possible to apply for the K-1 visa while in Canada, or do i need to return to the USA? Also, can she complete her part of the K-1 while in Canada, or does she have to return to Hungary?

    What is the timeline like, roughly? If i have to return to the us, could i complete my portion of it in a week or two, and then return to Canada? And could she just return to Hungary for a short time to finish her part?

    Can anyone provide any clarification? Will her recent B-2 denial be a problem at all?

  • #2
    To be processed in a third country for a k1 visa, your gal must have legal residency or long-term visa (employment or student-based) in that country.
    --Ray B

    Originally posted by whiteghost View Post
    I'm a us citizen, my girlfriend a Hungarian citizen. My girlfriend recently was denied her tourist visit when we intended to visit my family for a few months. We have been completely committed for life, but uninterested in marriage as neither of us like the concept, but we're rather tired of running into visa issues constantly, so we are considering a K-1 visa, and marriage while we're forced to be outside of the US anyway.

    We'd like to spend about 6 months in Canada, so that i'm close enough to visit family, but for us to still stay together, is it possible to apply for the K-1 visa while in Canada, or do i need to return to the USA? Also, can she complete her part of the K-1 while in Canada, or does she have to return to Hungary?

    What is the timeline like, roughly? If i have to return to the us, could i complete my portion of it in a week or two, and then return to Canada? And could she just return to Hungary for a short time to finish her part?

    Can anyone provide any clarification? Will her recent B-2 denial be a problem at all?

    Comment


    • #3
      thanks rayb,.

      Can I do my (us citizen) part of the k-1 visa either overseas or by mail? or will I need to be in america for it?

      Comment


      • #4
        Your question is not clear. You will have to submit your I-129F petition package for a k1 visa by mail to USCIS Stateside.

        --Ray B

        Originally posted by whiteghost View Post
        thanks rayb,.

        Can I do my (us citizen) part of the k-1 visa either overseas or by mail? or will I need to be in america for it?

        Comment


        • #5
          let me rephrase it: since she can't be in the US, I would like do to as much of the process as possible outside of the US, so that I don't have to wastefully go back alone.

          how much of the k-1 visa process can I do outside of the US, either via international mail, mail sent from my family stateside, or at US embassy's in other countries?

          is it feasible at all to start the k-1 visa and have the roughly 6 month processing time pass while we stay together in a NON-US country?

          Comment


          • #6
            It doesn't matter where you, the petitioner, are during the K1 visa processing period. But the visa applicant will have to be interviewed in the country specified on the I-129F, and that must be either her country of origin or a country where she has a valid resident or work visa.

            --Ray B

            Originally posted by whiteghost View Post
            let me rephrase it: since she can't be in the US, I would like do to as much of the process as possible outside of the US, so that I don't have to wastefully go back alone.

            how much of the k-1 visa process can I do outside of the US, either via international mail, mail sent from my family stateside, or at US embassy's in other countries?

            is it feasible at all to start the k-1 visa and have the roughly 6 month processing time pass while we stay together in a NON-US country?

            Comment

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