Residence for K1/K2

[Guest ExChinaExpat]

I realize that to complete a K1/K2 that the USC must be a resident of the USA. However, what if the USC files the initial paperwork while living in China and then moves back to the US after it's approved? Is this allowed?

[dnoblett]

Why not marry and then file an I-130 in China, bring spouse to the states 4-5 months later? DCF process tends to take as much time as getting just the K-1 I-129F petition approved by USCIS in the states. I-129F cannot be filed DCF.

 

The fees from petition to green card are nearly 1/2 that of the K-1

[Guest ExChinaExpat]

Why not marry and then file an I-130 in China, bring spouse to the states 4-5 months later.

 

The fees from petition to green card are nearly 1/2 that of the K-1

 

It's a good suggestion Dan, but her daughter just turned 20 and would age-out before the immigration paperwork would be approved. I have heard in this case that filing K1/K2 with a notice to rush due to potential age-out may be the best option. But, not sure about these things as I've been out of the loop for a few years.

[dnoblett]

Yep, you would not be able to file an I-130 for a step child due to being older than 18 at marriage only option is to file an I-129F for fiancée and get the K-1 and K-2 and get married and adjust status before her 21st birthday.

[Guest ExChinaExpat]

Yep, you would not be able to file an I-130 for a step child due to being older than 18 at marriage only option is to file an I-129F for fiancée and get the K-1 and K-2 and get married and adjust status before her 21st birthday.

 

Is it doable these days? I don't know how the timelines have been for approval lately. When you include adjusting status before daughter is 21, seems iffy. You think?

[dnoblett]

Need to file to adjust status before age 21 CSPA stops age at time of falling so can turn 21 while the AOS is pending.

 

Is doable K-1 petition filing to visa interview tends to be 9 months.

[Randy W]

Need to file to adjust status before age 21 CSPA stops age at time of falling so can turn 21 while the AOS is pending.

 

Is doable K-1 petition filing to visa interview tends to be 9 months.

 

This is not quite correct - the age-out occurs at the time of the POE. So as long as she enters the U.S. before her 21st birthday, she can still adjust status from her K-2. The age restriction is actually on her K-2 visa, and NOT on the adjustment of status.

[Randy W]

I realize that to complete a K1/K2 that the USC must be a resident of the USA. However, what if the USC files the initial paperwork while living in China and then moves back to the US after it's approved? Is this allowed?

 

You may file from China and then move back to the U.S. I don't think the domicile issue is as critical as it is with the CR-1, but I would think it would be helpful to at least have a U.S. address, and an active job search going.

 

You don't file an I-864, which is where the domicile issue comes in, until you file for AOS.

[dnoblett]

Actually Domicile becomes an issue at the K-1 visa interview when the consulate demands an I-134 to sponsor the visas.

 

But should be a non issue if you move back to the states ahead of the immigrant, to reestablish domicile.

[david_dawei]

I tend to think domicile is less important as most maintain some evidence of it (ID, bank accounts, etc) and it's easy to get back early and have an address... showing the financial support is the bigger issue, IMO.