I am a Moroccan and I am going to Germany in few months in order to study. My girlfriend is an American. She visited me in Morocco. We are planning to go through the process of K-1 visa.
You really need to consult with a Board Certified immigration attorney either by phone or have your girlfriend go in person. The K-1 may not be your best option and since all of your options will take around 10 months you and she need to work on the timing issues.
You should consult with an experienced immigration attorney and look at the Spouse / Marriage visa options as well.
If you are lawfully present in Germany, you may be able to file the request for the K-1 visa with the U.S. consulate in Germany after USCIS approves the FORM I-129F.
The K-1 visa may work if you time it correctly but try to explore your other options as well.
Anthony K.C. Fong, Esq. is an attorney admitted to the New York bar and is able to represent you in all Immigration matters in the United States and its territories. Any comments offered on Avvo are of a general nature, cannot be construed as legal advice, and are not meant to create an attorney-client relationship.
Your girlfriend/fiancé may file an I-129F petition on your behalf with the USCIS while you are studying in Germany. One issue to be examined will be whether you will be living and studying in Germany for the foreseeable future, on a German student visa, long enough to establish residence in that U.S. consular post's area of jurisdiction and will therefore be eligible to go through your consular processing for a K-1 visa in Germany, or whether you will only be in Germany for three or four months, and be back in Morroco by the time that your U.S. citizen fiancé's I-129F petition on your behalf has been processed and approved by the USCIS (in which case you will need to undergo consular processing in Morroco).
Officially, there is no minimum time period that the two of you need to have been together as a couple in order for her to be legally eligible, as a U.S. citizen, to file an I-129F petition on your behalf. Unofficially, if your relationship has only existed for a very short period of time, such as two or three weeks, there will probably be a higher level of scrutiny by the USCIS and the U.S. Dept. of State in order to establish the authenticity of the relationship.
In addition, in order for your I-129F petition to be found eligible for approval by USCIS, you will need to be able to prove to the USCIS that the two of you have met with each other in person within the last two years since the filing date of your I-129F petiton with the USCIS.
Please schedule a consultation with an immigration lawyer for additional information and assistance.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
More information is needed about your status in Germany to see which consulate you would need to have your interview, if attempting to come under a K Visa. Also, would need to know more about the girlfriend to provide a proper answer. Is she a US Citizen? Consult a family immigration attorney and they should be able to provide these answers. Good luck!
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