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Hi Guys

we have been long time lurkers but now we are in a position to apply for our K-1 visa after getting engaged and thought it is time to get active on the forums.

We have a fair idea of the process but just have a few questions that we are hoping someone could help us with.

Here is just a brief run down on our history.

Lauren has dual Australian and American citizenship. I am originally from Ireland but moved to Australia around 5 years ago, mainly to travel but landed a nice job and have stayed ever since.

Lauren and I met around 2 years ago whilst I was at a conference in Sydney and we have been living together ever since. We have just recently go Engaged and we have just found out we are going to have a baby so we would like to get the visa process started so we can move closer to her family to help sooner rather than later.

Now my first question is in regards to AOS. As Lauren and I have been living together for around 2 years in Australia how do we tackle to AOS? Her father is willing to be a joint sponsor for us if required but can she put down her earnings from Australia for the last 2 years or does it have to be an income within the USA? I am a bit confused on this.

Second question is related to domicile. Lauren still has all of her bank accounts and credit cards open from the USA and continues to receive mail etc to her parents home but has not filed any tax returns for this last 2 years. Is this enough to prove domicile?

My final question in in regards to payment for the I-129F payment. What is the best way to make this payment from Australia, can we just put our Credit card details down or what would be the best way for this without using a personal cheque?

That's all for now but I am sure I will think of more :)

Thanks Guys, look forward to your responses.

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Why didn't she file taxes? She will be required to file back taxes and possibly provide an explanation as to why she hadn't filed. She's still required to as a citizen. It'll probably take 1 year for a k-1 part of which she will likely need to return to the USA for.

Edited by Transborderwife

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Why didn't she file taxes? She will be required to file back taxes and possibly provide an explanation as to why she hadn't filed. She's still required to as a citizen. It'll probably take 1 year for a k-1 part of which she will likely need to return to the USA for.

Can I ask as to which part she would need to return to the US and why?

Thanks

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If she needs to re establish domicile she'd need to go home.

But does the fact that we are applying for the visa show that she is planning to re establish domicile? She is also still receiving regular mail to her parent address, keeping bank accounts and credit cards open and active + current valid US drivers licence. We will also start the process of filling back taxes.

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WOW we are in the SAME boat! My fiancé and I just began this process. I am American, living with him in Australia for the last 2 years. Your concerns are the same as ours!! My thread about being domicile is here: http://www.visajourney.com/forums/topic/547703-am-i-domicile/#entry7613163with so far only one reply :clock: ...

VJ user "Queen Penguin" did thankfully suggest to me: "You may be better off, instead of proving you are still domiciled in the USA, to prove you will be re-establishing domicile before or at the same time the beneficiary immigrates. This would mean having concrete plans to move- looking for a place to live, maybe contacting some recruiters about jobs, enrolling any kids in school etc."

I think thats a really good piece of advice that I will be trying myself to do! But as we are moving in with my parents initially, the lease part won't work for us. Jobs sounds like a more promising route, and since you guys are expecting a baby (congrats!) maybe your fiancé can show proof of her establishing a doctor in the US.. I am actually voluntarily going home in June to be with my family and get a career and waiting for my fiancé there ( which really really sucks ) but this will help with the domicile issue I would assume...

Your question about AOS is the same as mine. I don't have any tax records or experiences while living in the US because I basically graduated college and moved overseas. So I have very little record of being a "contributing" citizen which really freaks me out.. So if anyone answers this question, can you please send the info my way!?

Regarding payment, we JUST had a debacle the other day with this. We read that they want money coming out of an American bank account. Also we learned money orders don't apparently work internationally. So last minute we decided to send the entire package to my mother in NY who will obtain the $340 money order from her account, insert it into our I-129F packet and she will send it onwards to the Dallas Lockbox.

Hope this helps. We really are in this together, hey? haha

Please let me know if you get any useful info regarding domicile and AOS. Thanks!!

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Those proofs could help her yes. It'll still likely be a year to get the visa.

How do you figure it will be a year? I know everything is unpredictable but can you explain to us where you got this information from? I heard it was 6-9 months (assuming it will be 9, not six..)

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How do you figure it will be a year? I know everything is unpredictable but can you explain to us where you got this information from? I heard it was 6-9 months (assuming it will be 9, not six..)

Average visajourney times. Possibly in 9 months but the average time lately seems to be 12-14 months

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