K1 visa- Lot's of problems and ?? please help

[Midgen1012 0]

I am US citizen currently in the USA. My fiance is an Australian citizen currently in AU. We are about to file for the k1 fiance visa so that he can come to the US and marry me here. It has been quite complicated and I have quite a few questions that I am hoping someone can help me with. I am sorry that this is so long so please bear with me, I just want to make sure I get all my facts down. I met him on the internet 2 years ago and traveled to Australia and stayed there for 2 years on several extensions for the ETA I had. They had given me till a certain date to file for a spousal visa to stay there but , he had lost his job and my family became ill. so, I came back a few weeks ago. We are trying to get him to the US as I have to stay here for family reasons. But here are my concerns... 1. He does not have a job in australia but he is a skilled welder. He receives benefits at the moment from centrelink and is going off of it in about a week as his parents have sold their home and is giving him $10,000 to survive and come here with. He does not plan on getting a job there as he plans to come here. Do you see any problems with this? 2. I am having trouble finding work here but I am sure that I will find a job before we are ready to file for this visa. Is it going to be a problem if I have only had a job for a couple of weeks before filing? As I stated earlier, I have been with him up until a couple of weeks ago so I am hoping that won't be a problem. 3. He plans to come here with at least $5,000. And we are hoping that he will be able to apply for him to be able to work here after we get married, which will be like the following week of him arriving. Will I need to give an AOS? And is that something I need to file along with the I-129F or do I wait until they ask for it? 4. He has a bit of a criminal history. A couple of driving offenses, A couple of marijuana charges, (small amounts) and one larceny charge for taking a couple of surfboards from someone off of a beach. These have all been cleared up. He had fines for them but they have been paid for and he has not been in trouble with the law for over 5 years now. Will this stop him from getting here? Will they give him an interview and decide based off that, or will he not even get a chance to have an interview? Anyway, thank you for taking the time to read this. Any info that anyone has is greatly appreciated and I am sorry this was so long.

[phopho06 0]

I am US citizen currently in the USA. My fiance is an Australian citizen currently in AU. We are about to file for the k1 fiance visa so that he can come to the US and marry me here. It has been quite complicated and I have quite a few questions that I am hoping someone can help me with. I am sorry that this is so long so please bear with me, I just want to make sure I get all my facts down. I met him on the internet 2 years ago and traveled to Australia and stayed there for 2 years on several extensions for the ETA I had. They had given me till a certain date to file for a spousal visa to stay there but , he had lost his job and my family became ill. so, I came back a few weeks ago. We are trying to get him to the US as I have to stay here for family reasons. But here are my concerns... 1. He does not have a job in australia but he is a skilled welder. He receives benefits at the moment from centrelink and is going off of it in about a week as his parents have sold their home and is giving him $10,000 to survive and come here with. He does not plan on getting a job there as he plans to come here. Do you see any problems with this? 2. I am having trouble finding work here but I am sure that I will find a job before we are ready to file for this visa. Is it going to be a problem if I have only had a job for a couple of weeks before filing? As I stated earlier, I have been with him up until a couple of weeks ago so I am hoping that won't be a problem. 3. He plans to come here with at least $5,000. And we are hoping that he will be able to apply for him to be able to work here after we get married, which will be like the following week of him arriving. Will I need to give an AOS? And is that something I need to file along with the I-129F or do I wait until they ask for it? 4. He has a bit of a criminal history. A couple of driving offenses, A couple of marijuana charges, (small amounts) and one larceny charge for taking a couple of surfboards from someone off of a beach. These have all been cleared up. He had fines for them but they have been paid for and he has not been in trouble with the law for over 5 years now. Will this stop him from getting here? Will they give him an interview and decide based off that, or will he not even get a chance to have an interview? Anyway, thank you for taking the time to read this. Any info that anyone has is greatly appreciated and I am sorry this was so long.

hello there i read your post so i decided to answer some of it that i know about the job thing you need to work coz they will ask you after you fill affidavit of support.. in that they will know if you can really support your fiance and if you can pass the poverty line that they acquire.. and they will be needing your income tax return and w2.. and i tihnk your fiance should get a job to help you in this filling coz you will be needing money for it and its nice if he can help you also.. and about the issues about marijuana and offenses..maybe you need to consult doctor about it to prove taht his already clean about the marijuana thing.. that's all i know and i hope it did help..

[flutter95 4]

I cannot help you with all your questions but for starters you really need to read the guides at the top of the page. The K1 visa process can take awhile and your fiance may be living in AU for quite awhile during the process.

A couple of things:your job issue will only be income requirements, you will have to meet a certain income level or you will have to have a co-sponser in the US for your fiance (the guides has more info on this)

Second of all, he arrives in the us with a K1 visa you will need to get married with in 90 days and then file for AOS afterwards at which time you can also apply for an EAD (employment authorization) and AP (advanced parole so he can leavet he country) these extra forms are optional but can help as your fiance cannot work or travel out of the country until he has his green card without these forms. The EAD takes roughly 90 days or so to be approved but varies, and he will have to wait for this until he can work.

Something else to keep in mind with this proces and jobs is the fact this that this is not a cheap process,the filing for the K1 is the beginning, then there is a fee for a medical exam for your fiance, interview costs, a plane ticket when moving, wedding costs, then AOS, EAD, and AP shortly after, so you may want to be in a good financial position.

The criminal activity is hard for me to know about, all applicants have to have a letter from each police dept serving areas the applicant has lived in since 16 detailed criminal background, but the details on what is ok and what is not is unclear to me, check the guides and perhaps someone else will have advice for that.

[TBoneTX 47,546]

The above replies are correct in part. First, do read the Guides (atop every page here), because they will answer many of your questions.

1. N/A for filing purposes, but good thinking regarding having some funds to start a potential life together.

2. See the Guides for the income requirements and potential need for a cosponsor.

3. If you file for the K-1 (fiance/e) visa and he is granted it, you would have 90 days to marry after he enters the U.S., and you would (should) file for AOS + EAD + AP very promptly thereafter (fee = $1,010). Important distinction from earlier answers: No one is prevented from leaving the U.S.; the challenge is permission to be let back in. This is what the AP is for, and even having it to present to the immigration officers at the port of entry is not always a 100% guarantee of readmission (it usually is, though).

4. The marijuana business is potentially (or actually) very serious, because a police record from his country is required. Reliable members on here can comment on whether the drug convictions are a "killer"; if the answer is not a definite "yes" or "no," I would personally consult a good immigration attorney. See http://www.fosterquan.com for a premier firm that treated me very well indeed when I consulted them on other immigration matters (and their e-mail or phone consultation fees are extremely reasonable).

Again, the VJ Guides will be your friend here. Study them, and feel free to come back with more questions.

Edited July 6, 2009 by TBoneTX

[flutter95 4]

Very important to read the guides, I agree with that. My post meant to say AP was important to travel to be let back in, I suppose the way I said that could be confused with being allowed to travel, ofcourse one is allowed to travel but part of traveling is being allowed to return to the US.

[JimVaPhuong 4,864]

Multiple drug convictions usually means he's not admissible. You need to see a lawyer to determine if he's eligible for a waiver.

[Ellie-and-David 38]

Multiple drug convictions usually means he's not admissible. You need to see a lawyer to determine if he's eligible for a waiver.

I agree. I am afraid it is time to engage with a lawyer.

There have been people on this website who have been denied because they admitted to past and occasional use of cannabis during the medical.

A couple of drug convictions.....and you have a major problem. Then on top of that another conviction. I have to say it, I dont think your chances of getting your fiance through are looking very good based upon the information that you have provided.

I am, however, not a lawyer and I would suggest you do some reading and come to a conclusion of your own. If you are serious about going for this visa then you will need to spend some considerable time and effort getting a real idea of how long each stage of the process takes, how much it is going to cost (including the waiver) and what you need to do to start preparing.

[Carol and Bruno 0]

I am US citizen currently in the USA. My fiance is an Australian citizen currently in AU. We are about to file for the k1 fiance visa so that he can come to the US and marry me here. It has been quite complicated and I have quite a few questions that I am hoping someone can help me with. I am sorry that this is so long so please bear with me, I just want to make sure I get all my facts down.

I met him on the internet 2 years ago and traveled to Australia and stayed there for 2 years on several extensions for the ETA I had. They had given me till a certain date to file for a spousal visa to stay there but , he had lost his job and my family became ill. so, I came back a few weeks ago. We are trying to get him to the US as I have to stay here for family reasons. But here are my concerns...

1. He does not have a job in australia but he is a skilled welder. He receives benefits at the moment from centrelink and is going off of it in about a week as his parents have sold their home and is giving him $10,000 to survive and come here with. He does not plan on getting a job there as he plans to come here. Do you see any problems with this?

2. I am having trouble finding work here but I am sure that I will find a job before we are ready to file for this visa. Is it going to be a problem if I have only had a job for a couple of weeks before filing? As I stated earlier, I have been with him up until a couple of weeks ago so I am hoping that won't be a problem.

3. He plans to come here with at least $5,000. And we are hoping that he will be able to apply for him to be able to work here after we get married, which will be like the following week of him arriving. Will I need to give an AOS? And is that something I need to file along with the I-129F or do I wait until they ask for it?

4. He has a bit of a criminal history. A couple of driving offenses, A couple of marijuana charges, (small amounts) and one larceny charge for taking a couple of surfboards from someone off of a beach. These have all been cleared up. He had fines for them but they have been paid for and he has not been in trouble with the law for over 5 years now. Will this stop him from getting here? Will they give him an interview and decide based off that, or will he not even get a chance to have an interview?

Anyway, thank you for taking the time to read this. Any info that anyone has is greatly appreciated and I am sorry this was so long.

I always believed that if you had a drug conviction you were banned for life from entering the US. Seems my thinking might be incorrect. I don't know a lot about waivers, but it seems like you will need one. I believe you'll have to submit an I-601 waiver. Wording from the waiver instructions read:

If you are found to be inadmissible based on criminal grounds, you make seek a waiver of inadmissibility for the following: A controlled substance violation according to the laws and regulations of any country insofar as it relates to a single offense of simple possession of thirty grams or less of marijuana.

If he had more than 30 grams then he would not be eligible for a waiver and thus inadmissible.

Maybe others who have dealt with the same issue can chime in and share their experience. As others have mentioned, it would probably be wise to consult an attorney.

Below is a link to the I-601 form and instructions.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited July 7, 2009 by Carol and Bruno

[Old Dominion 26]

You will need a cosponsor. His income potential has no value to the Consulate.

At the end of the day, the drug convictions will be THE problem. He needs to do whatever it takes to present professional evidence that he has not used the stuff since his convictions. That's a subject for an attorney to advise him on. No matter what, it will slow things down.

[JimVaPhuong 4,864]

I am US citizen currently in the USA. My fiance is an Australian citizen currently in AU. We are about to file for the k1 fiance visa so that he can come to the US and marry me here. It has been quite complicated and I have quite a few questions that I am hoping someone can help me with. I am sorry that this is so long so please bear with me, I just want to make sure I get all my facts down.

I met him on the internet 2 years ago and traveled to Australia and stayed there for 2 years on several extensions for the ETA I had. They had given me till a certain date to file for a spousal visa to stay there but , he had lost his job and my family became ill. so, I came back a few weeks ago. We are trying to get him to the US as I have to stay here for family reasons. But here are my concerns...

1. He does not have a job in australia but he is a skilled welder. He receives benefits at the moment from centrelink and is going off of it in about a week as his parents have sold their home and is giving him $10,000 to survive and come here with. He does not plan on getting a job there as he plans to come here. Do you see any problems with this?

2. I am having trouble finding work here but I am sure that I will find a job before we are ready to file for this visa. Is it going to be a problem if I have only had a job for a couple of weeks before filing? As I stated earlier, I have been with him up until a couple of weeks ago so I am hoping that won't be a problem.

3. He plans to come here with at least $5,000. And we are hoping that he will be able to apply for him to be able to work here after we get married, which will be like the following week of him arriving. Will I need to give an AOS? And is that something I need to file along with the I-129F or do I wait until they ask for it?

4. He has a bit of a criminal history. A couple of driving offenses, A couple of marijuana charges, (small amounts) and one larceny charge for taking a couple of surfboards from someone off of a beach. These have all been cleared up. He had fines for them but they have been paid for and he has not been in trouble with the law for over 5 years now. Will this stop him from getting here? Will they give him an interview and decide based off that, or will he not even get a chance to have an interview?

Anyway, thank you for taking the time to read this. Any info that anyone has is greatly appreciated and I am sorry this was so long.

I always believed that if you had a drug conviction you were banned for life from entering the US. Seems my thinking might be incorrect. I don't know a lot about waivers, but it seems like you will need one. I believe you'll have to submit an I-601 waiver. Wording from the waiver instructions read:

If you are found to be inadmissible based on criminal grounds, you make seek a waiver of inadmissibility for the following: A controlled substance violation according to the laws and regulations of any country insofar as it relates to a single offense of simple possession of thirty grams or less of marijuana.

If he had more than 30 grams then he would not be eligible for a waiver and thus inadmissible.

Maybe others who have dealt with the same issue can chime in and share their experience. As others have mentioned, it would probably be wise to consult an attorney.

Below is a link to the I-601 form and instructions.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Waivers under 212(a)(2)(A)(ii) only apply if the applicant has been convicted or admitted to committing one crime related to a controlled substance or moral turpitude (see the part I highlighted in your post). I don't see any provisions for a waiver when there are multiple drug convictions, but I'm not a lawyer, and I get dizzy reading legalese for more than 10 minutes.

[msu17 0]

You need to seek an consultation with a lawyer. We had a member on here a few months ago who admitted to 2-3 uses of marijuana (no criminal charges, just an admission at her medical) and was denied her visa and was told she needed to go through drug rehab and several other things before she would be admissible again. Considering your fiance has actual drug charges and several other convictions you will not just breeze through.