Fiance Visa While Living in China

[Guest ExChinaExpat]

I've talked to RandyW a little about filing for fiance visa while living in China. My fiance's daughter turned 20 last month and we would like to bring her to the US with us. Because she is a potential age-out, I have been told that it may be possible to succeed using a fiance visa and making the application "RUSH POTENTIAL AGE-OUT."

 

It's important to file now to allow enough time to get all approvals and complete the interview so that her daughter can enter the US before her 21st birthday. I am not sure however about whether there is a requirement to be living in the US for the initial filing of the I129F. Does anyone know specifically whether it's okay to show my current address in China on the first forms, and then later, after the petition is approved to move back to the US to establish residency?

[dnoblett]

No, there is no requirement for US Residence or living in the states to file the I-129F, you will still need to mail it to the appropriate PO Box in the states.

 

I would probably use an express mail courier service from over there. EMS should be addressed to the Louisvillle address.

 

USCIS
P.O. Box 660151
Dallas, TX 75266

 

For USPS Express Mail and courier deliveries:
USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

 

http://www.ems.com.cn/english.html

 

Once you do mail the package I would wait until after USCIS approves the petition and then make your move back to the states to re-establish domicile, unless you have a job already lined up or you are simply transferring back to the states, and can provide evidence that you have a job once you return to the states, this should be evidence enough to establish domicile for the I-134 that will be required at the visa interview.

 

You could also use a state side address of a family member to handle correspondence like the NOA1 receipt and NOA2 approval letters. The NOA2 letter you especially do not want to lose or get lost, it is required later when adjusting status after marriage. Replacing it will cost you $405. SEE: http://www.uscis.gov/i-824

[Guest ExChinaExpat]

No, there is no requirement for US Residence or living in the states to file the I-129F, you will still need to mail it to the appropriate PO Box in the states.

 

I would probably use an express mail courier service from over there. EMS should be addressed to the Louisvillle address.

 

USCIS

P.O. Box 660151

Dallas, TX 75266

 

For USPS Express Mail and courier deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

 

http://www.ems.com.cn/english.html

 

Once you do mail the package I would wait until after USCIS approves the petition and then make your move back to the states to re-establish domicile, unless you have a job already lined up or you are simply transferring back to the states, and can provide evidence that you have a job once you return to the states, this should be evidence enough to establish domicile for the I-134 that will be required at the visa interview.

 

You could also use a state side address of a family member to handle correspondence like the NOA1 receipt and NOA2 approval letters. The NOA2 letter you especially do not want to lose or get lost, it is required later when adjusting status after marriage. Replacing it will cost you $405. SEE: http://www.uscis.gov/i-824

 

Thanks Dan, I have not seen any requirement that the petitioner must be a resident in the US when filing the I129F. However, the application does require to list an address where your fiance intends to live (Part 2, Question 28). I am considering entering a friend's US address here, and then after the application is approved to return to the US and re-establish residency.

[Randy W]

I have a hunch that you won't be getting any mail in China from the USCIS in the U.S., even if putting your Chinese address on the forms. It's probably best to use a U.S. address for this purpose.

 

The IRS, for example, sends out mailings every year around tax time. I've never received anything from them here in China. My guess is they don't send it out (I've never lost anything in the mail here).