US citizen living in Slovakia applying for K-1 visa for Slovak fiance

[tg5711]

hello, I am in the process of filing for a K-1 visa for my Slovakian fiancé.
I came to Europe on a visitor visa issued by Poland. the visa was valid for all schengan states. during my travels I met my fiancé and fell in love with her about 2 to 3 weeks before my visa was expired and I ended up not returning home and have lived with her ever since. this was about a year ago :/ now we want to go back to the USA together and live with my family. I was not working here illegally and all my money was transferred to my account via payment from my job in the states, as I work at this time from my computer. I am concerned about applying for the K-1 visa because of my illegal status living in Slovakia even though all my documents say I am living at my US address. my fiancé has never been married or ever had any issues with police and so on so I am not concerned about her side of getting the visa. but will my status here affect her gaining entrance to the USA? we would like to return home together after she is approved for the K-1.. I really need help as I have not found any information regarding my situation... thanks

[rayb]

TG,

Your present resident status in Slovakia has nothing to do with a k1 visa request for your girlfriend, UNLESS YOU HAVE NO CREDIBLE DOMICILE ADDRESS IN THE US.

You will need to submit an I-129F fiancee visa packet to USCIS, Stateside, and you can expect the processing to take about 5-8 months before your gal can be interviewed at the U.S. Embassy in Slovakia.

--Ray B

hello, I am in the process of filing for a K-1 visa for my Slovakian fiancé.
I came to Europe on a visitor visa issued by Poland. the visa was valid for all schengan states. during my travels I met my fiancé and fell in love with her about 2 to 3 weeks before my visa was expired and I ended up not returning home and have lived with her ever since. this was about a year ago :/ now we want to go back to the USA together and live with my family. I was not working here illegally and all my money was transferred to my account via payment from my job in the states, as I work at this time from my computer. I am concerned about applying for the K-1 visa because of my illegal status living in Slovakia even though all my documents say I am living at my US address. my fiancé has never been married or ever had any issues with police and so on so I am not concerned about her side of getting the visa. but will my status here affect her gaining entrance to the USA? we would like to return home together after she is approved for the K-1.. I really need help as I have not found any information regarding my situation... thanks

[tg5711]

TG,

Your present resident status in Slovakia has nothing to do with a k1 visa request for your girlfriend, UNLESS YOU HAVE NO CREDIBLE DOMICILE ADDRESS IN THE US.

You will need to submit an I-129F fiancee visa packet to USCIS, Stateside, and you can expect the processing to take about 5-8 months before your gal can be interviewed at the U.S. Embassy in Slovakia.

--Ray B

thank you for the quick reply.
So does that mean I can send my I-129f to USCIS while I am still here in Slovakia? I will use my US address as the return address and it is a credible address as far as all bills, payment, and other documents are concerned. My parents live at this address so I will be notified by them when USCIS returns me any information and they can mail it to me if need. the processing time for her I am not as concerned about because I am already almost 1 year overstayed in Europe so I can wait with her to get her side of the process done and return with her when/if she is given the ok. I just do not want to leave Slovakia without her coming with me because I fear that I could get banned from the schengan zone for at least a couple of years and that would be devastating if for some reason her visa didn't get accepted and we could not see each other. I know it doesn't seem smart but I would rather take my chances and wait for her to get approved for K-1 visa travel than and go with her, than go alone back home and risk not being able to see her for maybe the rest of my life... :/

[rayb]

Your overstay status in Slovakia will have no effect on processing of your gal's fiancee visa, so long as you will be able to meet the sponsorship requirements when she goes to her Embassy interview.

--Ray B

thank you for the quick reply.
So does that mean I can send my I-129f to USCIS while I am still here in Slovakia? I will use my US address as the return address and it is a credible address as far as all bills, payment, and other documents are concerned. My parents live at this address so I will be notified by them when USCIS returns me any information and they can mail it to me if need. the processing time for her I am not as concerned about because I am already almost 1 year overstayed in Europe so I can wait with her to get her side of the process done and return with her when/if she is given the ok. I just do not want to leave Slovakia without her coming with me because I fear that I could get banned from the schengan zone for at least a couple of years and that would be devastating if for some reason her visa didn't get accepted and we could not see each other. I know it doesn't seem smart but I would rather take my chances and wait for her to get approved for K-1 visa travel than and go with her, than go alone back home and risk not being able to see her for maybe the rest of my life... :/