Australian Seeking Help

[Jehnsenigoe 0]

Hello everyone. I'm currently engaged to a 20 year old American Citizen who is studying at college. We became engaged on January 6th of this year. I tried to apply for the e-3 visa but wasn't able to get it so I'm seeking to pursue the k-1 fiance visa in order to stay in the united states with him. What's the process involved and about how long does it take? I'm not really sure where to start or if we're even eligible. Any help will be greatly appreciated.

Edited September 28, 2010 by Jehnsenigoe

[twowls 217]

Hello everyone. I'm currently engaged to a 20 year old American Citizen who is studying at college. We became engaged on January 6th of this year. I tried to apply for the e-3 visa but wasn't able to get it so I'm seeking to pursue the k-1 fiance visa in order to stay in the united states with him. What's the process involved and about how long does it take? I'm not really sure where to start or if we're even eligible. Any help will be greatly appreciated.

Ha, you edited it. Yes, so it's the K1. You need proof of having met in person in the past two years--your passport stamps showing you were together, with some pictures. Initial petition is filed by your fiance, costs 455 USD for that step. Entire process can take as little as 4 months, but often takes more like 6 or more. You're eligible if you've met in person, are legal to marry, don't have any major legal skeletons in your closet, and your sponsor can prove financial capacity to support you.

[Jehnsenigoe 0]

Edit

Edited September 28, 2010 by Jehnsenigoe

[Jehnsenigoe 0]

Ha, you edited it. Yes, so it's the K1. You need proof of having met in person in the past two years--your passport stamps showing you were together, with some pictures. Initial petition is filed by your fiance, costs 455 USD for that step. Entire process can take as little as 4 months, but often takes more like 6 or more. You're eligible if you've met in person, are legal to marry, don't have any major legal skeletons in your closet, and your sponsor can prove financial capacity to support you.

Like I said previously he is not employed and is studying so is it ok for his mom to sponsor instead? Also I've run across things such as does he need to be 21 in order to petition to apply for me? Thank you for your help This has been very stressful. I'm still in the USA on a visitor visa until October 27th.

Edited September 28, 2010 by Jehnsenigoe

[marriedtomrg 140]

You may want to read the Guides on the K1 visa process: http://www.visajourney.com/content/k1guide

There is also a Regional Discussion Group (scroll down the screen to see the link to the Australia board); you can touch base with some VJ members from Australia for some location-specific requirements.

Like I said previously he is not employed and is studying so is it ok for his mom to sponsor instead? Also I've run across things such as does he need to be 21 in order to petition to apply for me? Thank you for your help This has been very stressful. I'm still in the USA on a visitor visa until October 27th.

[twowls 217]

Like I said previously he is not employed and is studying so is it ok for his mom to sponsor instead? Also I've run across things such as does he need to be 21 in order to petition to apply for me? Thank you for your help This has been very stressful. I'm still in the USA on a visitor visa until October 27th.

Read the guides carefully--top of the page. He can have his mom sponsor along with him, yes. He'll still be the primary sponsor. His age is fine. You will be less stressed out if you slowly and calmly read the guides together.

[Jehnsenigoe 0]

Thank you for the guide. It seems very helpful. We will look at it thoroughly now. We would still appreciate any advice from anyone who has done this before so we know what to expect i.e. wait times. Also do we need an attorney for this or can it be done just as easily without one?

[twowls 217]

Thank you for the guide. It seems very helpful. We will look at it thoroughly now. We would still appreciate any advice from anyone who has done this before so we know what to expect i.e. wait times. Also do we need an attorney for this or can it be done just as easily without one?

Just as easy without an attorney if your case is straightforward, or even easier because you are on top of your own process and not subject to anyone else's schedule or mistakes. Like I said, it can take as little as 4 months, runs more like 6 on average, or can take much longer than that.

There's a tab at the top of the page called Immigration Timelines. Check that out too for perspective on duration of the process.

[Jehnsenigoe 0]

Just as easy without an attorney if your case is straightforward, or even easier because you are on top of your own process and not subject to anyone else's schedule or mistakes. Like I said, it can take as little as 4 months, runs more like 6 on average, or can take much longer than that.

There's a tab at the top of the page called Immigration Timelines. Check that out too for perspective on duration of the process.

Awesome thank you so much. We had called several attorneys and they all said you need an attorney to do all the paperwork but we were suspicious that they were just trying to get paid.

We've decided to wait and apply for the fiance' visa when he is on break so he can stay in Australia with me while it is being processed.

[twowls 217]

Awesome thank you so much. We had called several attorneys and they all said you need an attorney to do all the paperwork but we were suspicious that they were just trying to get paid.

We've decided to wait and apply for the fiance' visa when he is on break so he can stay in Australia with me while it is being processed.

Oh yeah--ignore, ignore, ignore those attorneys. All the resources you need are here.

While you're together now, make sure you've got solid primary evidence of that. Clear passport stamps, your boarding passes. You could buy today's paper and take a photo of the two of you reading it where the date can be seen clearly.

[Jehnsenigoe 0]

Oh yeah--ignore, ignore, ignore those attorneys. All the resources you need are here.

While you're together now, make sure you've got solid primary evidence of that. Clear passport stamps, your boarding passes. You could buy today's paper and take a photo of the two of you reading it where the date can be seen clearly.

The paper idea is great. We will definitely do that.

I see you've managed to get through all this mess. It gives us hope we'll get through it too one day. Congratulations on the marriage!

[twowls 217]

The paper idea is great. We will definitely do that.

I see you've managed to get through all this mess. It gives us hope we'll get through it too one day. Congratulations on the marriage!

Thanks! You can see too that ours was a very fast process. Not braggin'... Just that it may be less painful than you fear if you're well prepared, methodical, and have a relatively easy consulate, which you do. Half the burden is all the fear and worry we inject into the process. Good luck.

[empyre84 0]

I would recommend starting now, whilst he is still over there as he will need to get stuff together to get the process started and your first packet sent off.

I have finished everything here in Australia and am not off to the US. I found this website great to help put everything together and ask anyone questions when I was freaking out.

If you have any questions I would be happy to help. Good luck.

[Fandango 1,439]

Like I said previously he is not employed and is studying so is it ok for his mom to sponsor instead? Also I've run across things such as does he need to be 21 in order to petition to apply for me? Thank you for your help This has been very stressful. I'm still in the USA on a visitor visa until October 27th.

TECHNICALLY, if upon arrival on American soil, you had NO intent to immigrate here on this particular trip, you could legally get married right now, and bypass the whole visa process. Just file for AOS.

Again, this technicality is very important - if you had no immigrant intent upon POE, then it's a green light. Of course, that means you cannot actually leave the US until your AOS is approved.

[VanessaTony 3,567]

TECHNICALLY, if upon arrival on American soil, you had NO intent to immigrate here on this particular trip, you could legally get married right now, and bypass the whole visa process. Just file for AOS.

Again, this technicality is very important - if you had no immigrant intent upon POE, then it's a green light. Of course, that means you cannot actually leave the US until your AOS is approved.

Agreed. It is quite evident from your post that you haven't married yet, and that you didn't travel to the US with the intent to AOS so this route is perfect for you, if you're willing and able.

Basically your fiance (would need to be your husband first) would file and I-130 and I-485 for you. The cost for the two is $1365 ($355 for the I-130, $1010 for the I-485). You would need to get a medical completed by a CS and you would need to line up a co-sponsor as his income is insufficient at the moment.

You will need to file BEFORE your visa expires (if you entered on the VWP this is most important, if you came on a B1/B2 or something else it's less important but you should try if possible), the sooner the better if possible. You will file for a work permit (EAD - I765) and travel permit (AP - I-131) at the same time and should get those 2 months after filing. Their fee is waived if filed with AOS.

While the cost to file right now is high, the cost for the K1 will be much more. Here's a post I wrote a while back how much I've spent so far: http://www.visajourney.com/forums/topic/256614-those-of-you-who-are-already-done-with-immigrating-to-the-us/page__view__findpost__p__3939380 and here's a recent one (there's other people's above it): http://www.visajourney.com/forums/topic/275392-total-costs-for-k1-process/page__view__findpost__p__4202608 basically i've spent over US$4000 so far. You'll spend around $2000... much cheaper Not to mention you can save on the flight back (didn't include that in my calculations, was just under $2K for the flight to the US to use my K1)

If you still plan on the K1 route I have an Aussie thread in my signature that will help you out.

Good luck with your decision

p.s. There's also an Aussie thread to chat in, head on over and say hi

Edited September 29, 2010 by Vanessa&Tony