Thinking about applying for a K1 Visa

[ILuvMyAussieGirl 0]

Hi,

I just joined this forum a few days ago. I've been lurking here for a few months way before my gf (Danielle) and I got to talking about getting married.

Since it's customary to tell one's story before asking for help, without further ado, here's our story:

We met on an online dating site in October 2007. Actually, it was all by accident because I was just looking to meet someone near my area. I had clicked on the "international" section on a whim just for kicks. When I first saw Danielle's profile, I didn't think I would even message her. I showed a friend her profile and he kept urging me to message her, saying that she she's perfect for me. The rest, as they say, is history. We owe that friend for life!

I went to Sydney to visit her last month and afterwards, we realized that we were made for each other. She plans to come this coming December to meet my family and friends then go back to Sydney and plan the wedding.

I plan to start the K-1 visa application process in May (18 months from November 2009--the wedding). Danielle will come visit me with a visitor's visa (we're not getting married) then go home after 90 days. We'll plan the wedding while the K-1 application is underway. Our hope is that the visa will be granted before our wedding in Sydney (we're shooting for November 2009) so that after I go over there to do the ceremony and have our honeymoon, I can bring her here using the K-1 visa. The wedding in Sydney is purely ceremonial. We're not filing any legal paperwork for that. Once she is in the country with the K-1 visa, we'll go to court to do the legal papers to get legally married.

She's living in Sydney with a business/extended visa (she's been there for 17 years), but holds a South Korea passport.

Here are our questions:

1). She is not an Australian citizen, would this be a problem? Can she get the K-1 visa issued in Australia without having to go wait in South Korea?

2). How long is the K-1 visa valid for once it has been issued (but not yet been used).

3). Would getting married in Australia cause a problem? We are only doing the ceremony there so that her side doesn't have to fly over (she has more guests than me so it makes more financial sense).

Would there be any problems? We are not trying to defraud the government at all. We just want to know if this proposed plan would be possible. Thanks in advance for any insight you folks can provide.

[Yoink 7]

Here are our questions:

1). She is not an Australian citizen, would this be a problem? Can she get the K-1 visa issued in Australia without having to go wait in South Korea?

2). How long is the K-1 visa valid for once it has been issued (but not yet been used).

3). Would getting married in Australia cause a problem? We are only doing the ceremony there so that her side doesn't have to fly over (she has more guests than me so it makes more financial sense).

Would there be any problems? We are not trying to defraud the government at all. We just want to know if this proposed plan would be possible. Thanks in advance for any insight you folks can provide.

1) no problem although she may need to go back to S.K. for police certificates depending on policies. (My fiance is filing from a country other than her country of birth as well)

2) I believe the visa needs to be used to enter the U.S. within 6 months of the visa being stamped in her passport

3) You cannot have a legal wedding in Australia and still recieve a K-1 visa

You can certainly apply for the visa and have a non-legal wedding in Australia.

[~Laura and Nick~ 5]

Welcome to VJ!!!

Congrats on meeting the love of your life and for bravely taking this step together!!!

I can't answer your first question as I don't know that information, but I'm sure someone here will!!!

I think she'll need to go to South Korea for her interview though.

The K1 visa must be used within 6 months of receiving it. Once you enter on the K1 visa, you have to get married within 90 days.

You cannot get married in Australia and then fly over using the K1. The K1 is a fiance visa, at point of entry she wouldn't be your fiance but your wife and would need a spousal visa, they would deny her entry.

You can file for the K1, have her come here using it and then get married within 90 days. After you get married, you file for Adjustment of Status and at the same time you file for EAD (work authorization) and Advanced Parole, AP allows her to travel outside the country before she has her green card. So you could then go back to Australia and have another ceremony.

Do not leave until she either has her AP document or green card in hand, she would be refused entry when you return.

OR

You could get married in Australia and file for a spousal visa and enter using that and forget about the K1 Fiance visa.

Best of luck!!!

Edited March 15, 2008 by ~Laura and Nick~

[StillThePrettiest 4]

well, but he's said that the wedding in Sydney would be purely ceremonial, no legal stuff... in which case, OP, you don't have a problem... theoretically

(by which all I mean is, you will have complied with the law, and still be legally unmarried when your fiancée gets to the States, but you COULD still have a problem proving that... when there's doubt, the onus is on you to prove what you say is true, and as many before me have said: it's a damn sight easier to prove you ARE married than to prove you're not )

unless South Korea has special circumstances, your fiancée shouldn't have to go back there for anything... I'm an Australian citizen, legally residing in the UK for the past almost-four years; I haven't been back to Aus since we filed, and have managed to do everything through the London consulate (we were approved last week )

there may be hassles obtaining the police certificate from a distance - for example, getting my Australian one was both more difficult, and more expensive, to do from here than it would have been if I'd been living in Australia - but in the end it certainly wasn't an insurmountable obstacle

oh, and as others have said: when a K-1 visa is issued, it will have an expiry date - six months from when it was first issued

it will have to be used in that time, and once your fiancée has entered the States using it, she won't be able to leave again for some time (usually three to four months, from what I hear), so don't plan on using it and then heading back to Sydney for the non-legal wedding

good luck with everything! I'm impressed you're planning so far ahead... will give you loads of time to get things right

[ILuvMyAussieGirl 0]

Here are our questions:

1). She is not an Australian citizen, would this be a problem? Can she get the K-1 visa issued in Australia without having to go wait in South Korea?

2). How long is the K-1 visa valid for once it has been issued (but not yet been used).

3). Would getting married in Australia cause a problem? We are only doing the ceremony there so that her side doesn't have to fly over (she has more guests than me so it makes more financial sense).

Would there be any problems? We are not trying to defraud the government at all. We just want to know if this proposed plan would be possible. Thanks in advance for any insight you folks can provide.

1) no problem although she may need to go back to S.K. for police certificates depending on policies. (My fiance is filing from a country other than her country of birth as well)

2) I believe the visa needs to be used to enter the U.S. within 6 months of the visa being stamped in her passport

3) You cannot have a legal wedding in Australia and still recieve a K-1 visa

You can certainly apply for the visa and have a non-legal wedding in Australia.

Would it be possible for her to do the police certificates while in Australia? She left S.K. when she was 5 years old and has been back there to visit only once when she was 15. I would be filing with the California center so do you know if typical applications take more than 18 months? Ours is a straight forward case because neither one of us have been married before nor do we have any children. I'm 27 and she is 22, by the way.

Congrats on your fiance! And thank you for your insight!

[~Laura and Nick~ 5]

well, but he's said that the wedding in Sydney would be purely ceremonial, no legal stuff... in which case, OP, you don't have a problem... theoretically

(by which all I mean is, you will have complied with the law, and still be legally unmarried when your fiancée gets to the States, but you COULD still have a problem proving that... when there's doubt, the onus is on you to prove what you say is true, and as many before me have said: it's a damn sight easier to prove you ARE married than to prove you're not )

Ah! I missed this crucial part!!!

You are fine!!!

Best of luck

[StillThePrettiest 4]

Would it be possible for her to do the police certificates while in Australia? She left S.K. when she was 5 years old and has been back there to visit only once when she was 15.

as I said in my post above, it usually is not a problem (though you'd need to check the specific details for South Korea)

however, if she left when 5, and has only returned on a visit while 15, she may not need one at all - isn't it only required for places you stayed for more than six months, after passing the age of sixteen? better check with the authorities; don't just take my word for it, but it could well be that's something you don't even have to bother with

[ILuvMyAussieGirl 0]

You could get married in Australia and file for a spousal visa and enter using that and forget about the K1 Fiance visa.

Best of luck!!!

How long does the spousal visa take? We were hoping to do this "parallel" process to minimize the amount of time we would be apart. She wants to be with me permanently after the ceremonial wedding instead of having me go home and wait a few months for her. Thanks for your reply. Knowing about the 6 months expiration on the K-1 issuance really helps in the planning. In this instance, I just hope they don't grant it 6+ months early! This is one instance where you'd want the government to take its time.

[vanessaandbrent 0]

Just a seconder on point #1. StillThePrettiest is correct (as usual )

As long as your fiance is a legal resident of Australia, she can file through Sydney.

I am an Australian citizen, living in Costa Rica and just had my interview here in San Jose Costa Rica Not that a trip home wouldn't have been nice!

[ILuvMyAussieGirl 0]

well, but he's said that the wedding in Sydney would be purely ceremonial, no legal stuff... in which case, OP, you don't have a problem... theoretically

(by which all I mean is, you will have complied with the law, and still be legally unmarried when your fiancée gets to the States, but you COULD still have a problem proving that... when there's doubt, the onus is on you to prove what you say is true, and as many before me have said: it's a damn sight easier to prove you ARE married than to prove you're not )

unless South Korea has special circumstances, your fiancée shouldn't have to go back there for anything... I'm an Australian citizen, legally residing in the UK for the past almost-four years; I haven't been back to Aus since we filed, and have managed to do everything through the London consulate (we were approved last week )

there may be hassles obtaining the police certificate from a distance - for example, getting my Australian one was both more difficult, and more expensive, to do from here than it would have been if I'd been living in Australia - but in the end it certainly wasn't an insurmountable obstacle

oh, and as others have said: when a K-1 visa is issued, it will have an expiry date - six months from when it was first issued

it will have to be used in that time, and once your fiancée has entered the States using it, she won't be able to leave again for some time (usually three to four months, from what I hear), so don't plan on using it and then heading back to Sydney for the non-legal wedding

good luck with everything! I'm impressed you're planning so far ahead... will give you loads of time to get things right

Would it be sufficient proof to have the minister write/sign an affidavit (notarized) stating that he is doing the event purely for ceremonial purposes? If that were the case, we'd ask the minister to submit this before the ceremony takes place. I believe doing it before will have a more positive effect vs. doing it after (causes suspicion). In this case, it's better to ask for permission than to ask for forgiveness.

[StillThePrettiest 4]

I can't answer that one... all my knowledge on the matter is based on what I've read here, and I've heard of it being a problem, and I've heard of it being fine

I would imagine you'd be ok... all I wanted to do was give you the heads-up that it's not a given, and warn you of the types of trouble you may encounter; in the end you have to make the call about risks vs having things the way you want them

[KarenCee 3]

Just wanted to comment on your spousal visa question. From what I'm seeing on here, they take longer than the K1. So unless you are living with her there, you will probably have some time apart. K1 seems to be the fastest route to take. Do a search for those who go through the same consulate as your fiancée would be going through to get an idea. You can search both K1 and the spousal visas (K3 and CR1/IR1).

Best wishes with whatever course of action you take.

[ILuvMyAussieGirl 0]

Thanks. I thought about the spousal visa, but I've read that it takes much longer than the K1 visa. From what you've all said, that seems to be the best route.

[Joe&Diane 0]

it's great that this subject came up because I just have a friend in a similar situation,so since I'm a member I can ask VJ members who might help him with his dilemna. My buddy is an US citizen,he met and fell in love with a vietnamese citizen but she applied for a student visa to study in Australia and was granted,so she's been living there for a few months now.He wants to know if he can petition K-1 visa while she has a student visa in Australia.does she have to come back to vietnam for police certificate or can she ask a family member to obtain it for her? she would have to come back to vn for all the paperwork and interviews?can she visit him in the States with a studen visa?he will appreciate any comments or advice.

Edited April 16, 2008 by averagejoe