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Changing Residency to file K1 in Vermont

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  • Changing Residency to file K1 in Vermont

    Ok, everyone knows that filing at the VSC is so much faster (less then 2 months), kind of unfair to those of us who have to use one of the other very slow centers such as NSC (6 to 8 months). Well of course I would like to save 4 to 6 months and get my fiancee here from China sooner so we can begin our life together. Unfortunately, I currently live in Michigan and have to use NSC. But in fact we are considering moving perhaps to New York, or along the coast when she arrives as their may be more jobs for her then there are here. We are currently gathering the paperwork to file our K1 visa application and now I just think about where to file?

    The I-129F officially says in the instructions "...file the application according to your place of residence, as listed below:". Since it is honestly possible that half-way through our application I may find a job in New York, we may have to complete the K1 process in New York, so I'm thinking why now setup my residence there now. I have tried to find out what constitutes your "place of residence" and what I seem to find is only that you have to have a place in your name, can't use a P.O. Box, and you perhaps you should have a drivers license in that state which will probably require you to change your insurance and plates on your car.

    So if I go find a place to live in NY, open a bank account, which will then allow me to get a drivers license there, then change my insurance, seems that is my official place of residence, even if I still own a house in Michigan. Then I could file in Vermont!!! Do you think it matters that I'm still working in Michigan? It doesn't say anywhere that I have to file based on the state you work in. And my goal is to move to NY eventually when I can find a job, and then I would sell my house. Yes its a lot of trouble, but it could save us 5 months!! Also, I was born in Virginia, my birth certificate proves that, and that state is processed by Vermont, so if not NY I may actually end up in Virginia if I can find a job there. Too bad I can't just file based on where I was born!

    The way I see it is I'm not doing anything illegal. I mean I could work in one state and live just across the border in another, then seems I'd file based on the state I live in. I can own property in two states so in the in between time I'm still not doing anything wrong. Or course its a 4 hour drive to NY from where I live so they will realize that since I'm working in Michigan I'm probably at least living here during the week. And honestly if I am trying to move to NY, even if it doesn't work out that I can find a job, I don't think I'm doing any fraud. According to the I-129F it says file based on place of residence, and according to NY they consider me a resident if I have an address to live at and a drivers license. There could be some issue that I'd have to live there for some time, maybe 6 months to 1 year before my residency benefits kick in, but it doesn't say anything about time at your residency on the I-129F form.

    And one more option, I work in Detroit, and Windsor Canada is a 10-minute drive, much closer then where I live currently. What if I setup my residency in Canada, where would I file? Of course that seems more complicated as I'd have to change countries and all, but its just another thought.

    So, what do you think? Could I get in trouble for this? Would they just send back my application or forward it on to Nebraska anyway? What am I risking here? Any thoughts would be greatly appreciated! Thanks!

  • #2
    Ok, everyone knows that filing at the VSC is so much faster (less then 2 months), kind of unfair to those of us who have to use one of the other very slow centers such as NSC (6 to 8 months). Well of course I would like to save 4 to 6 months and get my fiancee here from China sooner so we can begin our life together. Unfortunately, I currently live in Michigan and have to use NSC. But in fact we are considering moving perhaps to New York, or along the coast when she arrives as their may be more jobs for her then there are here. We are currently gathering the paperwork to file our K1 visa application and now I just think about where to file?

    The I-129F officially says in the instructions "...file the application according to your place of residence, as listed below:". Since it is honestly possible that half-way through our application I may find a job in New York, we may have to complete the K1 process in New York, so I'm thinking why now setup my residence there now. I have tried to find out what constitutes your "place of residence" and what I seem to find is only that you have to have a place in your name, can't use a P.O. Box, and you perhaps you should have a drivers license in that state which will probably require you to change your insurance and plates on your car.

    So if I go find a place to live in NY, open a bank account, which will then allow me to get a drivers license there, then change my insurance, seems that is my official place of residence, even if I still own a house in Michigan. Then I could file in Vermont!!! Do you think it matters that I'm still working in Michigan? It doesn't say anywhere that I have to file based on the state you work in. And my goal is to move to NY eventually when I can find a job, and then I would sell my house. Yes its a lot of trouble, but it could save us 5 months!! Also, I was born in Virginia, my birth certificate proves that, and that state is processed by Vermont, so if not NY I may actually end up in Virginia if I can find a job there. Too bad I can't just file based on where I was born!

    The way I see it is I'm not doing anything illegal. I mean I could work in one state and live just across the border in another, then seems I'd file based on the state I live in. I can own property in two states so in the in between time I'm still not doing anything wrong. Or course its a 4 hour drive to NY from where I live so they will realize that since I'm working in Michigan I'm probably at least living here during the week. And honestly if I am trying to move to NY, even if it doesn't work out that I can find a job, I don't think I'm doing any fraud. According to the I-129F it says file based on place of residence, and according to NY they consider me a resident if I have an address to live at and a drivers license. There could be some issue that I'd have to live there for some time, maybe 6 months to 1 year before my residency benefits kick in, but it doesn't say anything about time at your residency on the I-129F form.

    And one more option, I work in Detroit, and Windsor Canada is a 10-minute drive, much closer then where I live currently. What if I setup my residency in Canada, where would I file? Of course that seems more complicated as I'd have to change countries and all, but its just another thought.

    So, what do you think? Could I get in trouble for this? Would they just send back my application or forward it on to Nebraska anyway? What am I risking here? Any thoughts would be greatly appreciated! Thanks!

    Comment


    • #3
      Don't take the fast Vermont processing too seriously. We went through Vermont and waited 9 months until the interview date. Not EVERYONE zooms through! Also, check out the processing for other forms in NYC...I hear the AOS & EAD is awfully slow there and possibly others.

      Comment

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