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Transferring "sponsor" from myself to someone else?

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chardabra

Hi,


The title might be a bit weirdly worded but I'm tired so I can't be bothered, I'll just get straight into my question:


I'm a US citizen currently living abroad who'll be moving back to the US with my non-citizen fiancé. She will thus be applying for a K-1 visa. But since I currently do not live in the states, can a relative/friend that does live in the US be the "sponsor"?


E.g. this page that describes the process assumes that I, the US citizen, am living in the US, which doesn't help me really: https://travel.state.gov/content/travel … e-k-1.html

Tanuki714

@chardabra


I am not familiar with the Fiance visa so other people may have better information.


However, my husband (US citizen) was my sponsor when I applied for a green card.  At the time, we were both living abroad.  He did have to show US tax returns (at the time, he was abroad so it was one of those “file even if you owe nothing to the IRS”), proof of citizenship and we submitted bank statements and other things to show we could support ourselves once in the US.


We went through the entire process at the US Embassy in Tokyo but the fact that my husband was not a US resident at the time was never a hurdle.


I did read through the link you provided but couldn’t find anything related to residency (vs citizenship) of the sponsor.  You ARE planning to both move to the US once you get the visa, right?  So what is the specific requirement you are struggling with because of your non US residency?  Resources?

Tanuki714

@chardabra

Ah, sorry, I found it.

“Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.”


So, the intent of the fiance visa is to have your fiance join you in the US so you can get married.  However, she doesn’t need to join you since you’re not in the US.  Forgive my asking, but why don’t you get married in your current country of residence, transcribe the marriage to the US and apply for a spouse green card for her and THEN move to the US?


Sorry if this is a silly question.  Depending on your location, the green card process may not actually be that lengthy.  I remember getting mine in under 6 months (though granted that was over 20 years ago).

GuestPoster491

@chardabra
Ah, sorry, I found it.
“Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.”
So, the intent of the fiance visa is to have your fiance join you in the US so you can get married. However, she doesn’t need to join you since you’re not in the US. Forgive my asking, but why don’t you get married in your current country of residence, transcribe the marriage to the US and apply for a spouse green card for her and THEN move to the US?

Sorry if this is a silly question. Depending on your location, the green card process may not actually be that lengthy. I remember getting mine in under 6 months (though granted that was over 20 years ago).
-@Tanuki714


The scenario you described also does not work. If he got married abroad and transcribed, he would then file a I-130, but first an I-864 Affidavit of Support would have to be approved. That won't be approved if he is living outside the USA. I know this from first-hand experience.


The answer is: return to the USA, re-establish residency, and then start the process of either K1 or IR1 visa


And no, visas/green cards are not being issued under 6 months. When my wife came over (4 years ago), it was 14-15 months from application to consular interview and visa issuance.  I don't imagine COVID made the process any faster.


Romaniac

Tanuki714

@romaniac


As I disclosed, I went through the process more than 20 years ago so I’m sure things have changed. But my husband was residing abroad at the time, I obtained my green card as spouse of a US citizen and we moved to the US together. I started the process in January 1999 and we entered the US in July 1999. I don’t remember the form numbers but I do remember having to show proof of sufficient funds.  All of our assets were in Tokyo at the time and CitiBank Japan provided records.


I understand your experience was different but that was mine which I was sharing in the spirit of the forum.

GuestPoster491

@romaniac
As I disclosed, I went through the process more than 20 years ago so I’m sure things have changed. But my husband was residing abroad at the time, I obtained my green card as spouse of a US citizen and we moved to the US together. I started the process in January 1999 and we entered the US in July 1999. I don’t remember the form numbers but I do remember having to show proof of sufficient funds. All of our assets were in Tokyo at the time and CitiBank Japan provided records.

I understand your experience was different but that was mine which I was sharing in the spirit of the forum.
-@Tanuki714


Understood and appreciated Tanuki.  Old stories are great and all, though it's important that accurate and/or recent information is shared so that the OP can resolve their concerns.  That's ultimately the aim of the forum.

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