k1 advise

[Ianjo 0]

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

[heishe 2]

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

Don't marry her on a tourist visa; do file K1. It will take a few or maybe many months; there's no way to get more specific about processing time. You are not banned from visiting the US while your visa is being processed, but you're likely to be rejected at the port of entry if you cannot provide compelling evidence that you will return to Australia. And yeah, her dad can co-sponsor. No problem there!

Get your stuff together and file soon and you might make it for the baby's birth. No guarantees, though.

[aussiewench 9]

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

Hi Ian and welcome to VJ

You should check out the DCF forum for the aussie threads. You can marry your girl, and file here in australia direct with the consulate, saving you a hell of a lot of time. Australia is one of only a couple of consulates that will allow this with the USC not being an australian resident. You wont be disappointed with what you read and many australians opt for this because of its ease.

[cheeky^Wolf 0]

Hi Ian,

Have a read of the guidelines

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

Should answer some of your questions.

As for the processing times, these can be looked up under Processing Times in the blue box up there ^^^

Good luck in whatever you decide to do.

Helen

[kitkat1 5]

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

1) DUMP the lawyer. What he has suggested to you is immigration fraud and could result in your visa being denied and your deportation. In fact, you should ask him to explain to you how you could legally enter on a tourist visa, where you are required to swear that you do not have intent to immigrate, when you obviously have intent to immigrate with a baby on the way. What an ###. Plus, you do not need a lawyer to file for a fiance visa.

2) Yes you can visit if you have a legal tourist visa and follow the rules of the visa regarding length of stay

3) Her father can sponsor.

Does Australia have Direct Consular Filing? Might be a faster and/or easier option if you wanted to get married now.

Good luck

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

1) DUMP the lawyer. What he has suggested to you is immigration fraud and could result in your visa being denied and your deportation. In fact, you should ask him to explain to you how you could legally enter on a tourist visa, where you are required to swear that you do not have intent to immigrate, when you obviously have intent to immigrate with a baby on the way. What an ###. Plus, you do not need a lawyer to file for a fiance visa.

2) Yes you can visit if you have a legal tourist visa and follow the rules of the visa regarding length of stay

3) Her father can sponsor.

4) Hard to know how long - six months absolute minimum to be safe.

Does Australia have Direct Consular Filing? Might be a faster and/or easier option if you wanted to get married now.

Good luck

[iceyspots 0]

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

1) DUMP the lawyer. What he has suggested to you is immigration fraud and could result in your visa being denied and your deportation. In fact, you should ask him to explain to you how you could legally enter on a tourist visa, where you are required to swear that you do not have intent to immigrate, when you obviously have intent to immigrate with a baby on the way. What an ###. Plus, you do not need a lawyer to file for a fiance visa.

2) Yes you can visit if you have a legal tourist visa and follow the rules of the visa regarding length of stay

3) Her father can sponsor.

Does Australia have Direct Consular Filing? Might be a faster and/or easier option if you wanted to get married now.

Good luck

Hello. My name is Ian.. Im an australian..

Ive just come back from the usa.. and me and my Fiance were expecting a child as well.. We want to file for the k1 visa.. And What we want to know is this..

1) Can i vist the usa while it is proccessing..

2) Proof of support she does not earn 125% over the poverty line..

3) could some one a famly member of hers co sponsor me Eg her father..

4) process time, we will be in virginia

I want to be there for the babys birth.. and if we file now and i cant vist were thinking about her coming to australia..

We have known each other 2 years and spent 3 months in the states living together.. We want to do the right thing by the law..

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

Any advice on what's best would be great were really missing each other.. And love each other very much..

I want to be there for my babys birth.. This is really tough being apart..

1) DUMP the lawyer. What he has suggested to you is immigration fraud and could result in your visa being denied and your deportation. In fact, you should ask him to explain to you how you could legally enter on a tourist visa, where you are required to swear that you do not have intent to immigrate, when you obviously have intent to immigrate with a baby on the way. What an ###. Plus, you do not need a lawyer to file for a fiance visa.

2) Yes you can visit if you have a legal tourist visa and follow the rules of the visa regarding length of stay

3) Her father can sponsor.

4) Hard to know how long - six months absolute minimum to be safe.

Does Australia have Direct Consular Filing? Might be a faster and/or easier option if you wanted to get married now.

Good luck

Isn't filing for a tourist visa to visit a intending spouse a no-no?

Isn't Australia a VWP country? (i'm not sure..)

[aussiewench 9]

1) DUMP the lawyer. What he has suggested to you is immigration fraud and could result in your visa being denied and your deportation. In fact, you should ask him to explain to you how you could legally enter on a tourist visa, where you are required to swear that you do not have intent to immigrate, when you obviously have intent to immigrate with a baby on the way. What an ###. Plus, you do not need a lawyer to file for a fiance visa.

How is it illegal to enter the US, get married, then apply for a K-3 which is what the OP stated? I think the lawyer is not up on all the options that are available but what he suggested is not illegal. Aside from that australians do not need a visa as they come under the VWP. I myself entered the US on VWP, married and then we started the process for my visa. Many here do. Its not illegal to enter the US to get married, whether on a visitors visa or the VWP. What is illegal is intent to immigrant on such. That is not the case here from what the OP has written.

Ian

DCF in australia is a cake walk and as easy as 1 2 3. The USC does not have to be a resident of Australia in order to file direct with the consulate. You do however need to be married. Read the DCF guide available in the Guides tab at the top of the page as well as visit the DCF forum.

[kitkat1 5]

How is it illegal to enter the US, get married, then apply for a K-3 which is what the OP stated? I think the lawyer is not up on all the options that are available but what he suggested is not illegal. Aside from that australians do not need a visa as they come under the VWP. I myself entered the US on VWP, married and then we started the process for my visa. Many here do. Its not illegal to enter the US to get married, whether on a visitors visa or the VWP. What is illegal is intent to immigrant on such. That is not the case here from what the OP has written.

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

I read this as skip the application for a fiance or spousal visa, enter on a visitor visa, get married and then adjust. How does he NOT have intent to immigrate if his fiance has a baby on the way. I didn't see anything about returning to Australia after getting married . . .

[aussiewench 9]

How is it illegal to enter the US, get married, then apply for a K-3 which is what the OP stated? I think the lawyer is not up on all the options that are available but what he suggested is not illegal. Aside from that australians do not need a visa as they come under the VWP. I myself entered the US on VWP, married and then we started the process for my visa. Many here do. Its not illegal to enter the US to get married, whether on a visitors visa or the VWP. What is illegal is intent to immigrant on such. That is not the case here from what the OP has written.

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa.. But we dont think his advice was legal or right.. He said he do it all for $3500...

I read this as skip the application for a fiance or spousal visa, enter on a visitor visa, get married and then adjust. How does he NOT have intent to immigrate if his fiance has a baby on the way. I didn't see anything about returning to Australia after getting married . . .

You dont apply for a visa without having to return.

From the first post

We went to an Immigration lawer and he told us that i should come on a vistors visa then marry her and then apply for a spouse visa

There was no mention of staying.

I had intent to marry when I entered, whats the difference. It is up to them to decide at POE if you have intent to immigrate. It is not illegal to enter and marry on a visitors visa nor VWP. Just as it is not illegal to enter the US once you have a petition in process.

Edited August 17, 2006 by aussiewench

[Yodrak 7]

kitkat,

You really do need to learn to read - Ianjo wrote very specifically that the attorney told him to apply for a spousal visa after marriage.

Yodrak

I read this as skip the application for a fiance or spousal visa, enter on a visitor visa, get married and then adjust. How does he NOT have intent to immigrate if his fiance has a baby on the way. I didn't see anything about returning to Australia after getting married . . .

[kitkat1 5]

kitkat,

You really do need to learn to read - Ianjo wrote very specifically that the attorney told him to apply for a spousal visa after marriage.

Yodrak

Gosh thanks as always Yodrak. Apologies for misreading - I obviously "need to learn to read".

[Milka 0]

Hi Ian,

your story sound nice. You just have to be patient until you have the visa.

1. I would definately apply for K1 do not marry on Tourist visa.

2. You can find any person to be the co sponsor.

3. I will be living in Virginia as well. You would have to file to Vermont. They are very fast. It should not take that long.

Where are you going to move in Virginia?

Good luck on your journey.

Ilka

[john_and_marlene 162]

In terms of what path to take ... above all others, listen closest to the advise from those who are dealing with the same consulate (in Australia). Other advice is based on conditions and experiences that may not have the same options.

[Yodrak 7]

kitkat,

My apologies also - I should have written, 'you really should try to read more carefully'.

I need to learn to write.

Yodrak

kitkat,

You really do need to learn to read - Ianjo wrote very specifically that the attorney told him to apply for a spousal visa after marriage.

Yodrak

Gosh thanks as always Yodrak. Apologies for misreading - I obviously "need to learn to read".

[mozplay 29]

Hi Ianjo,

You have heard from wiser than me, so I won't bother to add my two cents on your questions, but will say to go get yourself about 20 pots of coffee, and be prepared to not sleep for the next week while you do your research about this whole process. The guides here give you lots of info and just reading the posts of others teaches you so much as well. Yes, you may be tired after not sleeping for a week, but you'll feel better knowing what to do and what is to come. Preparation is key

Regardless though ... welcome to VJ and congratulations on the upcoming birth.

Mo