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Currently engaged to a US citizen in Australia what visa type will suit us

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HI Everyone

I hope someone can shed some light on my current confusion.

This is the situation I am a UK citizen with permanent residence in Australia, I am engaged to a US citizen who is also a permanent resident in Australia he has not lived in the states for 20 years.

What visa route is the best to follow

Do you apply for a K1 visa - and can you if you do not live in the US

Or do we marry here in Australia and apply for a spousal visa.

Does anyone have any help or suggestions.

I hope someone has some insight on the best route.

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Hi there - here is the VJ link for DCF. You and your fiance should pay particular attention to the domicile requirements for the USC.

http://www.visajourney.com/content/dcf

Best of luck ... :star:


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Is it your intention to come to the US?

If you are planning on coming to the US in the future, your best bet would be to marry in Australia and then at the appropriate time, look into the DCF process.

K-1 isn't an option under your current circumstance. The K-1 is for a USC to petition for finace(e) to come to the US for the purpose of marriage - as the USC does not reside in the US this would not be applicable unless he returned to live in the US prior to filing.

As mentioned, if you look into DCF - pay particular attention to the US domicile requirement.


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Is it your intention to come to the US?

If you are planning on coming to the US in the future, your best bet would be to marry in Australia and then at the appropriate time, look into the DCF process.

K-1 isn't an option under your current circumstance. The K-1 is for a USC to petition for finace(e) to come to the US for the purpose of marriage - as the USC does not reside in the US this would not be applicable unless he returned to live in the US prior to filing.

As mentioned, if you look into DCF - pay particular attention to the US domicile requirement.

Just for clarity, "coming to the USA" probably requires nothing at all except the UK passport and a US passport. If the OP wishes to permanently reside in the USA, the appropriate path is to marry (wherever) then follow the path to an immigrant spouse visa through a direct consular filing in Australia. No need to deal with any of this unless and until a few months before you intend to actually begin residing in the USA.


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Just for clarity, "coming to the USA" probably requires nothing at all except the UK passport and a US passport. If the OP wishes to permanently reside in the USA, the appropriate path is to marry (wherever) then follow the path to an immigrant spouse visa through a direct consular filing in Australia. No need to deal with any of this unless and until a few months before you intend to actually begin residing in the USA.

Yep - my bad - I should have said "do you intend to live in the US"


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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