K1 processing out of country?

[Marty J 0]

Her stay is up to the Austrailian athorities but her K1 visa is up to the US Embassy or Conslate, in Australia.

But the US embassy there will not process it if she doesn't have permission from the Australian authorities to remain in the country while it is being processed, for obvious reasons.

A student visa might not satisfy them in that regard.

Actually, they will.

Who will what?

[pushbrk 14,450]

Her stay is up to the Austrailian athorities but her K1 visa is up to the US Embassy or Conslate, in Australia.

But the US embassy there will not process it if she doesn't have permission from the Australian authorities to remain in the country while it is being processed, for obvious reasons.

A student visa might not satisfy them in that regard.

Actually, they will.

Who will what?

Change will not to will in the only place you can.

[freetv 7]

Did you begin your Fiance's visa application before or after she went abroad for school? Also is she in a 3rd Country as mine will be or is she in your Country?

Third country

[Marty J 0]

Change will not to will in the only place you can.

So a US embassy will accept a petition for processing if the beneficiary doesn't have permission to be in the country in question?

Wouldn't that pose a little problem with the medical and interview?

Edited March 14, 2009 by Marty J

[Marina-Del 10]

Change will not to will in the only place you can.

So a US embassy will accept a petition for processing if the beneficiary doesn't have permission to be in the country in question?

Wouldn't that pose a little problem with the medical and interview?

You absolutely have to contact the US embassy in question. In general, the US embassy does not care about anything but the US (overstays in other countries don't matter, ect). But, it can be a problem in other areas (for example, recently a filer had to go back to their home country of Brazil because it is impossible to get a police report in Spain if you are illegally there). Every US embassy is different in certain respects and I would contact the US embassy in question before doing anything that it would be hard to change. As stated above, the embassy in London never asked to see my fiancees visa to live in London (he was Australian), but that doesn't mean that couldn't have if they wanted to. And maybe they wouldn't have cared if he was illegal (he wasn't, but that's not the point here)...but maybe they would have.

I'm just saying that you should contact the US embassy to make sure because you never know! But, why would it impose a problem for the medical and interview? I've gone to doctors in lots of different counties and I have never been asked for my visa to legally be there!

Send them an email and just see what they say!

[Marty J 0]

We're not talking about someone being in Australia illegally, we're talking about someone being there on a 1 year student visa. It would cause a problem with the medical and interview if the person in question couldn't get back into Australia to attend them, which is always a possibility.

Can a person who is in Australia temporarily be said to be normally resident there?

Edited March 14, 2009 by Marty J

[pushbrk 14,450]

We're not talking about someone being in Australia illegally, we're talking about someone being there on a 1 year student visa. It would cause a problem with the medical and interview if the person in question couldn't get back into Australia to attend them, which is always a possibility.

Can a person who is in Australia temporarily be said to be normally resident there?

Whether she's there legally or has overstayed, she can still get a medical and have an interview. Where being illegal causes a problem is with obtaining the needed police reports. One need only be legal at the time the report is obtained, to sove that problem.

My first response to you was simply to clear up the term "Australian Embassy". If she's filipina, the Australian Embassy in Manila is who issued her student visa. Otherwise they have nothing to do with the process of her obtaining a K1 visa from a US Consulate in Australia.

Beyond the requirement for a police certificate from Australia, a US Consular officer is not concerned with the K1 visa applicant's immigration status in Australia.

[Marty J 0]

Whether she's there legally or has overstayed, she can still get a medical and have an interview. Where being illegal causes a problem is with obtaining the needed police reports. One need only be legal at the time the report is obtained, to sove that problem.

My first response to you was simply to clear up the term "Australian Embassy". If she's filipina, the Australian Embassy in Manila is who issued her student visa. Otherwise they have nothing to do with the process of her obtaining a K1 visa from a US Consulate in Australia.

Beyond the requirement for a police certificate from Australia, a US Consular officer is not concerned with the K1 visa applicant's immigration status in Australia.

From the US Embassy in Australia's website:

"Q: Can a third country national (not a permanent resident of Australia) apply for an immigrant visa in Australia?

A: In some cases. First, that person must show that they have permission from the Australian Department of Immigration to remain in Australia for 6 months or longer. Depending on the immigrant visa category involved, it is possible that we would accept that person’s immigrant visa application. In general, however, the person must have some ties to Australia; that is, some reason for being here beyond applying for the visa."

http://usembassy-australia.state.gov/consu...s/iv/faq.html#g

Edited March 15, 2009 by Marty J

[payxibka 10,048]

From the US Embassy in Australia's website:

"Q: Can a third country national (not a permanent resident of Australia) apply for an immigrant visa in Australia?

A: In some cases. First, that person must show that they have permission from the Australian Department of Immigration to remain in Australia for 6 months or longer. Depending on the immigrant visa category involved, [emphasis mine] it is possible that we would accept that person’s immigrant visa application. In general, however, the person must have some ties to Australia; that is, some reason for being here beyond applying for the visa."

http://usembassy-australia.state.gov/consu...s/iv/faq.html#g

ummm... a K-1 is a NON-immigrant visa... your website quote is regarding an immigrant visa

[Marty J 0]

ummm... a K-1 is a NON-immigrant visa... your website quote is regarding an immigrant visa

But it's treated in some ways like an immigrant visa. The K-1 visa is in the "immigrant visa" section of the Embassy's website.

http://canberra.usembassy.gov/consular/visas/iv/

[pushbrk 14,450]

ummm... a K-1 is a NON-immigrant visa... your website quote is regarding an immigrant visa

But it's treated in some ways like an immigrant visa. The K-1 visa is in the "immigrant visa" section of the Embassy's website.

http://canberra.usembassy.gov/consular/visas/iv/

"Treated the same way" is a misnomer. The IV unit processes the visa application. I suspect the context of your quote is for a DCF case for an actual immigrant visa for spouse but these websites are famously unclear as to context in these matters. In this case the applicant is in Australia on a student visa anyway.

[Marty J 0]

"Treated the same way" is a misnomer. The IV unit processes the visa application.

I didn't say it was "treated the same way", I said it's "treated in some ways" like an immigrant visa.

I suspect the context of your quote is for a DCF case for an actual immigrant visa for spouse but these websites are famously unclear as to context in these matters. In this case the applicant is in Australia on a student visa anyway.

My quote comes form the FAQ section for immigrant visas.

Regardless, my point (I think) was that the applicant may or may not be able to apply for a K-1 at the US embassy in Australia. It's entirely up to the US embassy in question.

I couldn't apply for mine in the country I'm a citizen of, because I'm not ordinarily resident there.

Edited March 15, 2009 by Marty J

[payxibka 10,048]

It simply does not matter what any one on this website thinks or does not think... the only thing that matters is what the consulate thinks...

[freetv 7]

It simply does not matter what any one on this website thinks or does not think... the only thing that matters is what the consulate thinks...

That's true, if anyone on here gives you bad advice are you really going to go look for us??? Of course not, and our opinions and ideas are meaningless because none of us have any power to either admit or deny your case at said country... Point is, just call the freaking embassy and they will be more than happy to clear up any questions you might have regarding police cert, translations, medical, res.... and whatever else you have BUT you have to call them first. But the rule of them is YES you can file in a third country... just make sure you can get the police certs ect... which is kind of hard if your an illegal.

[pushbrk 14,450]

"Treated the same way" is a misnomer. The IV unit processes the visa application.

I didn't say it was "treated the same way", I said it's "treated in some ways" like an immigrant visa.

I suspect the context of your quote is for a DCF case for an actual immigrant visa for spouse but these websites are famously unclear as to context in these matters. In this case the applicant is in Australia on a student visa anyway.

My quote comes form the FAQ section for immigrant visas.

Regardless, my point (I think) was that the applicant may or may not be able to apply for a K-1 at the US embassy in Australia. It's entirely up to the US embassy in question.

I couldn't apply for mine in the country I'm a citizen of, because I'm not ordinarily resident there.

Ok, in some ways yes and in other ways no. Frankly, the only reason I commented to begin with was to correct your reference to the Australian Embassy. The decisiion is up to the US Embassy or US Consulate in Australia. AIn my experience, Consulates and Embassies will process a visa case, it that's where the applicant currently resides.