Filing for a K1 Fiancé Visa while working and living overseas is fairly common, but the process can become a bit more complicated then when applying while living and working in the US.
First, I always recommend to my overseas clients that they establish or use a mailing address in the US to receive their Immigration notices. Receiving mail overseas can sometimes be a real problem depending on the country and location. To reduce the risk that you will miss a notice, establish a mailing address in the US and a plan for receiving your mail. A PO Box or the address of a family member should work just fine.
The main issue for the US Citizen Petitioner who lives and works overseas is proving that you will have an income stream in the US upon your return to the US with your fiancé. At the time of your fiance’s Embassy interview, you have to prove that you are employed and earning enough income to qualify. If you are working overseas and you will continue your employment in the US, no problem. But if you will be leaving your overseas job when you return to the US, then you will need to have a good job in the US at the time of the interview or significant liquid assets to overcome whatever shortfall in income you will have without a job. And even in such cases, I am never comfortable relying on just my client’s assets to prove financial support in leu of income. To prepare for these issues, I always suggest to my clients that once we begin the process, that they start looking for employment in the US and return in time to show that they are employed at the time of the finace’s K1 Fiance Visa Embassy interview.
If you will not be employed in the US at the time of your fiance’s Embassy interview and you don’t have significant assets, then you will have to try using a cosponsor. In the case of a K1 Fiance Visa, its best if the co sponsor is a family member. Keep in mind, not all US Embassies will except a co sponsor, but your chances are much improved if its a family member. Using a co sponsor is by no means a guarantee, so its best to be working at the time of the interview.
Another potential pitfall for the overseas Petitioner is proof of income. In addition to an employment verification letter, a few pay stubs, and bank records, the Embassy will require a copy of your last year’s Federal Tax return. The tax return is used to prove that you earn the required amount of income and that you have a stable history of employment. If you cannot provide the required employment documentation, including a recent copy of your Federal Tax return, then you will again be forced to try using a co sponsor.
If you have any questions about the K1 Fiance Visa, you are welcome to call me anytime at 1-888-515-3529. I am always happy to answer questions.
Attorney Jeff Pettys