Can I file for K1 while I am not in my home country ?

[Davis 0]

I have been with my finance for 7 years now, for the last 6 years we have been together living/working in Australia on my 457 Business visa.

She is American and I am British

We feel that our time is up in Australia and its time to return home to friends and family and to get married. We want to move to the US and get married start a family and settle down :-)

I would like to leave Australia by the end of the year, Can I start filing any paper work here or doing any thing while I am here or do I have to wait until I am back in my home country England and she is in the US, I am worried if I go back to the Uk she would only be able to spend 3 months there and we would be split up again.

Would getting Married here help ?

Thank you for your help

[youtube 0]

I believe you can file and not be in the US.

As for marriage. I believe you will have to interview in the country that you got married in so that might add to the problem.

Also, I understand that you might have to provide a police report where you live over six months so it would be a good idae to get one before you leave.

good luck !

[Dakine 26]

I have been with my finance for 7 years now, for the last 6 years we have been together living/working in Australia on my 457 Business visa.

She is American and I am British

We feel that our time is up in Australia and its time to return home to friends and family and to get married. We want to move to the US and get married start a family and settle down :-)

I would like to leave Australia by the end of the year, Can I start filing any paper work here or doing any thing while I am here or do I have to wait until I am back in my home country England and she is in the US, I am worried if I go back to the Uk she would only be able to spend 3 months there and we would be split up again.

Would getting Married here help ?

Thank you for your help

Check into doing a Direct Consular Filing after marrying there. I don't know if you can as you are Brit living in another country.

If she can do DCF after you marry there it would be the fastest and easiest way to get to the US.

[BexandAlan 0]

Definitely check into DCF. I'm not 100% sure how it works in Australia because each country has different rules but that would definitely ease the amount of time you may have to be apart.

Good Luck

Bex xxx

[Davis 0]

Definitely check into DCF. I'm not 100% sure how it works in Australia because each country has different rules but that would definitely ease the amount of time you may have to be apart.

Good Luck

Bex xxx

Sorry I guess I should read up but what is a DCF ?

I did read this on the following site

http://usaimmigrationattorney.com/DCFandnoDCFcountries.html

Australia*(Changed their policy and will now only accept Direct Processing of the Family-Based I-130 Petition in cases where the Petitioner is a resident and physically resides in the country for at least 6 months.)

Because I have so many questions is there any one that I can turn to eg help line visa services that might be in Australia that i can turn to for help and guidance ?

[pushbrk 13,558]

Definitely check into DCF. I'm not 100% sure how it works in Australia because each country has different rules but that would definitely ease the amount of time you may have to be apart.

Good Luck

Bex xxx

Sorry I guess I should read up but what is a DCF ?

I did read this on the following site

http://usaimmigrationattorney.com/DCFandnoDCFcountries.html

Australia*(Changed their policy and will now only accept Direct Processing of the Family-Based I-130 Petition in cases where the Petitioner is a resident and physically resides in the country for at least 6 months.)

Because I have so many questions is there any one that I can turn to eg help line visa services that might be in Australia that i can turn to for help and guidance ?

First, you can't file anything. US Citizens file visa petitions for their spouse or fiance(ee).

It sounds like your USC fiancee is a resident of Australia for more than six months but DCF is for a spouse. You say you want to marry in the USA. Unless you change your plan to marry first and file after (You could still travel to the US for the marriage, then return to Australia.) then DCF is not an option.

Your fiancee can file an I-129F petition for a fiance visa for you but she'd need to list a USA address on the petition. Parents, friend or family address will do. Then, since she has no US income, she'll need a co-sponsor towards the end of the process.

They "Guides" here are very helpful.

[Mrs D. 13]

I have been with my finance for 7 years now, for the last 6 years we have been together living/working in Australia on my 457 Business visa.

She is American and I am British

We feel that our time is up in Australia and its time to return home to friends and family and to get married. We want to move to the US and get married start a family and settle down :-)

I would like to leave Australia by the end of the year, Can I start filing any paper work here or doing any thing while I am here or do I have to wait until I am back in my home country England and she is in the US, I am worried if I go back to the Uk she would only be able to spend 3 months there and we would be split up again.

Would getting Married here help ?

Thank you for your help

Just to share our experience if this helps at all.

We had similar circumstances. My husband (USC) and I were living and working together in my home country and he did go back to the states for a while (for work). That's when he filed I-129F. But I really don't think your fiancee has to be in the country, cause my husband sent all the signed paperwork to an attorney and he filed it on our behalf. He listed his home of record on the application (he never spends more than a week at home) and that was it (he could have done the same from overseas). Shortly after filing we went to Indonesia together for work. Once the approval came through we made sure CIS sent our case to the Consulate in Indonesia (not Ukraine). We attended the interview together and all went fine. I got the visa and we even got a chance to take a 6 months contract in Africa before flying here (K1 visa has to be used within 6 months).

So pretty much throughout the whole process we were together overseas and had no problem, quite the opposite - it helped us, cause every time I had to deal with U.S. officials (embassy, POE) he was right next to me so no extra questions were asked.

Hope it's useful for you.

Edited May 24, 2008 by Vika

[Davis 0]

Hi Vika,

Thank you for your help it was very helpful how did you you let CIS know to send the forms to the Consulate in Indonesia ?

Once the approval came through we made sure CIS sent our case to the Consulate in Indonesia (not Ukraine)

Where it listed "Part A. Start Here. Information about you"

"Address (Number and Street)"

This is where he listed his US address as my fiancée has not lived in the US for 6 years (but she has been back 2 times) (she lived with her family back in the US am) i still able enter that address ?

Hi pushbrk sorry if my wording was incorrect I do understand that my fiancée (the us Citizen) has to file the forms for me and yes I will keep on reading the guides and dooing as much research as possible.

First, you can't file anything. US Citizens file visa petitions for their spouse or fiance(ee).

[Davis 0]

Should I seek a lawyer to attorneyme with my app ?

[pushbrk 13,558]

Should I seek a lawyer to attorneyme with my app ?

It depends, but the first step is your fiance or spouse's petition in your behalf. It's toward the end of the process that you apply for a visa.

Lots of discussion here about whether to use attorneys. If you are willing to study the guides and learn the process and are reasonably literate and willing to pay attention to detail, you probably don't need an attorney.

Otherwise, get an attorney experienced with immigration to the USA.

[Anony 0]

Have you considered getting married there and then moving to the US after? It would make it much easier since you could file and get a CR-1 Visa (she would havea green card when she entered the US). It is a much faster process.

[Davis 0]

Have you considered getting married there and then moving to the US after? It would make it much easier since you could file and get a CR-1 Visa (she would havea green card when she entered the US). It is a much faster process.

How much faster do you think it would be also when I get to the US will I be able to work and travel ?

[KimandRuss 0]

If you file for a spousal visa you can work immediately. The K1 is a non-immigrant visa ...with the intent to immigrate (yeah, confusing) so you have to file for AOS after marrying. Included in the AOS fee is the EAD (work) and AP (travel). The fiance visa will take many months and a alot depends on where you would file your I-129f (fiance visa) in the US...either Vermont or California. Either way it's probably at least 4 or 5 at the very minimum.

Here is a thread from not too long ago dealing with DCF in Australia... it's my opinion this is probably your best option. You will find conflicting information on the web if you do a search because there were new laws that changed everything in 2007 (adam walsh law). It used to be you could just marry and then adjust but now there is a requirement in most countries that states you must have lived in that country with a valid visa for at least 6 months before marrying.

As pushbrk stated, you wont need a lawyer if you are 'capable' and there are no legal reasons to have a problem. There are a lot of scammers as well as those who are uneducated to the process even though they claim they are knowledgable and they can actually hinder you. If you do decide on counsel...do your research.

good luck

[heiko 0]

If you file for a spousal visa you can work immediately. The K1 is a non-immigrant visa ...with the intent to immigrate (yeah, confusing) so you have to file for AOS after marrying. Included in the AOS fee is the EAD (work) and AP (travel). The fiance visa will take many months and a alot depends on where you would file your I-129f (fiance visa) in the US...either Vermont or California. Either way it's probably at least 4 or 5 at the very minimum.

Here is a thread from not too long ago dealing with DCF in Australia... it's my opinion this is probably your best option. You will find conflicting information on the web if you do a search because there were new laws that changed everything in 2007 (adam walsh law). It used to be you could just marry and then adjust but now there is a requirement in most countries that states you must have lived in that country with a valid visa for at least 6 months before marrying.

As pushbrk stated, you wont need a lawyer if you are 'capable' and there are no legal reasons to have a problem. There are a lot of scammers as well as those who are uneducated to the process even though they claim they are knowledgable and they can actually hinder you. If you do decide on counsel...do your research.

good luck

I filed for my fiancee's K1 while living in Thailand. I used my parents address stateside. I hired an agency run by someone who claimed to be an immigration attorney. I wish I hadn't because it only added to the frustration of the process and was a waste of money that would have looked much nicer on my fiancee's hand!! I found this website because of the frustration caused by the numerous unanswered emails I sent to my agency. I would recommend doing it yourself.

[Davis 0]

Thank you KimandRuss and others for your good advise I will keep reading the forum and the guides :-)

At the moment is there any thing I can do for the CR-1 before I Marry as at the moment that looks my best bet might have to jump to the other forum if that seems the best route :-)