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Hi there!

I am an American citizen living in Australia with my Australian citizen fiancé. We have lived together in Australia for the past 2+ years. We have decided to move back to the US and are looking for the best options. We are considering the K-1 or K3. I know there are some differences but I am still confused on exactly what they are. If someone could please take the time to read this and answer some questions I would be so thankful!

At the moment we were trying to move to the US in June. It is now the end of April. Silly us for poor planning but I never expected there to be so many delays and hurdles.

K-1 option-

*While I am in the US my partner will occasionally visit me on his tourist visa that allows him multiple entries into the U.S..Can he be in the US at the time the K-1 visa is granted? If it just so happens that he is visiting while it is granted what will happen? Does he have to leave and reenter?

*From start to finish how long does the K-1 route take? From the very first filing of the I-129F application until the day you hear you have been approved, how long is that estimated to be?

*From your experience, at what point in the process (how many months in) was your interview?

*From your experience, at what point in the process (how many months in) were you allowed to enter the United States to marry your partner?

*From the time you have entered the country and married your partner, how many additional months did it take for everything to be completed(adjustment of status/work, etc)?

K-3 option-

If K-3 is the quickest option and allows my partner to study in U.S. while the K-3 is pending then we will go this route and get married now. Our only concern and reason to put off getting married right now is the worry of him not being able to finish his schooling abroad as the K-3 is in process........

*My fiancé is currently enrolled in school in Australia. When you are in the US on your pending K-3 is your spouse allowed to study? Are you able to file an adjustment of status to be able to go to school? His Australian university has a study abroad program in the statesSo would that require a student visa? or would he be OK to study while K3 is pending. It would be at no cost of the US government to fund his schooling as it would be a program through his Australian university that he is already enrolled in.

--------------------------------------------------

Also......

* Will the fact that my partner and I have been living together for two years already help our case? Will it help our case move along quicker once in the hands of the people who make the judgment?

*As I have been living in Australia for the past 2+ years, I do not have US tax returns (or anything for that matter.) I graduated from college in 2011 and moved to Australia in 2013. I have not worked in America other then nannying and babysitting jobs & unpaid internships. Will this look bad for our case? I am definitely going to get a cosigner for the visa, is this proven to help?

*I do have some Australian payslips that I have acquired over the past two years, and I have an Australian Tax File number, as well as a superannuation account set up in my name in Australia. However, I have not saved very much

money along the way (Aussie

De facto visa and plane tickets are expensive!) Will my Australian payslips help show my income and help make up for not having any U.S. Income?

*We have a pending Australian DeFacto application that we lodged last year so that I could stay in the country with my partner. Will US consider this helpful evidence that we are in a committed relationship? Or is there conflict between having two open applications that would result in not being eligible for US k-1/k3?

Thank you in advance for the help!! I'm sure I'll have many more questions to come!

Cheers

Steph & Elliott

Edited by ellisteph

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Start here with "What Visa Do We Need"

http://www.visajourney.com/content/guides

That will answer 90% of your questions if you go through that page and all the info there.

There's absolutely no way you can get all the way through a K-1 or an I-130 (spouse) by June. They are only now processing applications from last October. Even if you get the faster service center, you're talking about a 5 month process with no hiccups.


*I am the (female) petitioner, my fiance is an Australian citizen living in Indonesia*

Service Center : Texas Service Center

Transferred? No

Consulate : Indonesia

I-129F Sent : 2015-01-17

I-129F NOA1 : 2015-01-28

Expedite requested: 2015-04-20

Expedite granted:2015-04-24

I-129F NOA2 : 2015-05-27

HARDCOPY OF NOA2: 2015-05-30

SENT TO NVC:

RECEIVED AT NVC:

CASE NUMBER:

CASE SENT TO EMBASSY:

EMBASSY RECEIVED:

MEDICAL BOOKED:

INTERVIEW DATE:

VISA RECEIVED:

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Thanks Beverrlly! Oh I already knew there was no way of getting in before June! It was a plan that immediately backfired. I guess I am just really interested in others experiences because I read so many different things for processing times and have a hard time understanding what exactly is meant by 6-9 months. Someone told me it took them 13 months. I know from start to finish it can take a very long time, but I was curious about personal experiences of how many months into it were fiance's allowed to travel to the U.S... which brings up my two main questions from earlier..from personal experience, at what point in the process (how many months in) was your interview? And at what point in the process (how many months in) were you allowed to enter the United States to marry your partner?

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Read through the process forums. I know you are looking for a general guideline - sadly, you won't get it. It is a far too unpredictable process. Some people get the entire process wrapped up in 6 months (only filers in California), others take over a year (also rare) - many fall somewhere in between.

My personal example, I have filed (K1) 4 months ago, am stuck in the backlogged Service Center in Texas. I am guessing it will be a year until I have my visa.

Processing times change all the time...impossible to predict. If you were to file right now, chances are you are being sent to CSC - which is still processing relatively fast, through there is no guarantee it will stay that way - and you might have your visa within 6 months.

Your partner can visit (assuming he is ESTA or already has a visa) while you are being processed. If he needs a new visa, it'll be almost impossible to get once you have filed. He cannot be in the US when the visa is granted, he has to go through the embassy in his home country to interview.

Edited by TabeaK

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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Hey Guys,

I can't answer all your questions, but I'll try to help with whatever I can! I know how stressful this process can be!

My Fiance and I just got our case approved last week & I received my visa in the post yesterday. We filed our I-129F on July 10th 2014, so the total process took 9.5 months. Let me tell you it wasn't easy! Although, the hardest part was trying to figure everything out while doing long distance, it will definitely be a lot easier since you are both in the same country!

Let me see what questions I can help answer for you :)


*While I am in the US my partner will occasionally visit me on his tourist visa that allows him multiple entries into the U.S..Can he be in the US at the time the K-1 visa is granted? If it just so happens that he is visiting while it is granted what will happen? Does he have to leave and reenter?

I believe he is unable to be granted the visa while in the US. My understanding is that immigration will be sceptical to even let him visit you in the US while applying for the visa, because on a tourist visa you have to be able to prove you aren't planning to stay in the country, and the K1 is contradicting to that since its a step towards immigrating. Although if I'm wrong about that he still wont be able to be granted the visa while in the US, as once the I-129F is processed he will have to have an interview at the consulate in his country of residence and they will take his passport for the following few days to process the visa, no passport = no travel.

*From start to finish how long does the K-1 route take? From the very first filing of the I-129F application until the day you hear you have been approved, how long is that estimated to be?

Ours took 9.5 months from beginning to having the K1 visa in my hand. Although we had about a month delay because our case got sent to the wrong consulate. The website says the average is 5.5 months, but that's if you're lucky. Depending on the service center you get assigned to, Texas or California. Since you are based in NY I understand you will be assigned to Texas, which unfortunately is the frustratingly slow one!

*From your experience, at what point in the process (how many months in) was your interview?

The interview is always the very last step. The longest part of the whole process is waiting for the service center to approve your case and say you qualify to apply for the K1(that took 8 months for us). They then send your case to the consulate listed on your file and the consulate contacts you to organise an interview. You will usually be issued the visa at the consulate or a couple of days after.

*From your experience, at what point in the process (how many months in) were you allowed to enter the United States to marry your partner?

This is the same in all US visa cases, once you have your visa you are allowed to enter the US. Once you receive the visa you have six months to travel, after the six months the visa is no longer valid. If you travel within the six months, once you arrive in the US you have to get married within 90 days of the day you set foot on American soil.

*From the time you have entered the country and married your partner, how many additional months did it take for everything to be completed(adjustment of status/work, etc)?

I haven't made it this far but I believe the whole process (until you get a greencard) can be anywhere from a few months after marriage to a few years. You can get a working permit processed in a couple of months after filing for AOS.

* Will the fact that my partner and I have been living together for two years already help our case? Will it help our case move along quicker once in the hands of the people who make the judgment?

Unfortunately there is no 'one' thing that makes your case go faster. I'm sure it will help, but it's not the defining thing. They want to see evidence of your ongoing relationship so including your housing agreement (it will have to have both your names on the contract to prove living together) with photographs of you two together, and with friends/family, emails, letters, we used screenshots of iMessage conversations, if you have been on trips together then travel itineraries, etc.

*As I have been living in Australia for the past 2+ years, I do not have US tax returns (or anything for that matter.) I graduated from college in 2011 and moved to Australia in 2013. I have not worked in America other then nannying and babysitting jobs & unpaid internships. Will this look bad for our case? I am definitely going to get a cosigner for the visa, is this proven to help?

I'm not 100% sure about this one, but you do have to file and affidavit of support showing you are above the US income poverty line. As far as I know it's the USC that has to fill that out, so I would suggest a co-sponsor if you don't have the income to prove you are able to support your fiance while he is in the US and unable to work.

*I do have some Australian payslips that I have acquired over the past two years, and I have an Australian Tax File number, as well as a superannuation account set up in my name in Australia. However, I have not saved very much money along the way (Aussie De facto visa and plane tickets are expensive!) Will my Australian payslips help show my income and help make up for not having any U.S. Income?

Again, I'm not sure. I think all they want to know is that your fiance is going to be able to survive on your current money/income while he is unable to work in the US.


*We have a pending Australian DeFacto application that we lodged last year so that I could stay in the country with my partner. Will US consider this helpful evidence that we are in a committed relationship? Or is there conflict between having two open applications that would result in not being eligible for US k-1/k3?

If you haven't been aproved for it I don't know if it's helpful evidence. How long until it's approved? What paperwork did you have to have to apply for it?

I hope you find that helpful! It's really not as tough as it seems, you just have to be diligent and keep your eye on the prize!

Let me know if you need anything else!!

Georgia

Hi there!
I am an American citizen living in Australia with my Australian citizen fiancé. We have lived together in Australia for the past 2+ years. We have decided to move back to the US and are looking for the best options. We are considering the K-1 or K3. I know there are some differences but I am still confused on exactly what they are. If someone could please take the time to read this and answer some questions I would be so thankful!
At the moment we were trying to move to the US in June. It is now the end of April. Silly us for poor planning but I never expected there to be so many delays and hurdles.

K-1 option-
*While I am in the US my partner will occasionally visit me on his tourist visa that allows him multiple entries into the U.S..Can he be in the US at the time the K-1 visa is granted? If it just so happens that he is visiting while it is granted what will happen? Does he have to leave and reenter?

*From start to finish how long does the K-1 route take? From the very first filing of the I-129F application until the day you hear you have been approved, how long is that estimated to be?

*From your experience, at what point in the process (how many months in) was your interview?

*From your experience, at what point in the process (how many months in) were you allowed to enter the United States to marry your partner?

*From the time you have entered the country and married your partner, how many additional months did it take for everything to be completed(adjustment of status/work, etc)?


K-3 option-
If K-3 is the quickest option and allows my partner to study in U.S. while the K-3 is pending then we will go this route and get married now. Our only concern and reason to put off getting married right now is the worry of him not being able to finish his schooling abroad as the K-3 is in process........

*My fiancé is currently enrolled in school in Australia. When you are in the US on your pending K-3 is your spouse allowed to study? Are you able to file an adjustment of status to be able to go to school? His Australian university has a study abroad program in the statesSo would that require a student visa? or would he be OK to study while K3 is pending. It would be at no cost of the US government to fund his schooling as it would be a program through his Australian university that he is already enrolled in.
--------------------------------------------------

Also......
* Will the fact that my partner and I have been living together for two years already help our case? Will it help our case move along quicker once in the hands of the people who make the judgment?

*As I have been living in Australia for the past 2+ years, I do not have US tax returns (or anything for that matter.) I graduated from college in 2011 and moved to Australia in 2013. I have not worked in America other then nannying and babysitting jobs & unpaid internships. Will this look bad for our case? I am definitely going to get a cosigner for the visa, is this proven to help?

*I do have some Australian payslips that I have acquired over the past two years, and I have an Australian Tax File number, as well as a superannuation account set up in my name in Australia. However, I have not saved very much
money along the way (Aussie
De facto visa and plane tickets are expensive!) Will my Australian payslips help show my income and help make up for not having any U.S. Income?

*We have a pending Australian DeFacto application that we lodged last year so that I could stay in the country with my partner. Will US consider this helpful evidence that we are in a committed relationship? Or is there conflict between having two open applications that would result in not being eligible for US k-1/k3?

Thank you in advance for the help!! I'm sure I'll have many more questions to come!

Cheers
Steph & Elliott

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Hello again

Regarding the Letter of Intent to Marry.. I have the sample format but do we add anything else to the format? The visa journey says "original statements certifying intent to marry", so does original mean we add more details or do we simply fill out the format as is?

Thank you

Edited by ellisteph

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Original just means with original signatures (sometimes USCIS get iffy about photocopied signatures, the template on VJ is fine :) So are you going ahead with the K1?

Hello again

Regarding the Letter of Intent to Marry.. I have the sample format but do we add anything else to the format? The visa journey says "original statements certifying intent to marry", so does original mean we add more details or do we simply fill out the format as is?

Thank you

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