Australian Seeking Help

[Cathey & Paul 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.

I would definitely do all of your paperwork so that when you are ready to submit you will have plenty of time to review for errors... it takes enough time for the USCIS to process and the paperwork takes a while to compile... it is easier when you are in the same location instead of 2 countries (that is what happened to us)

[Jehnsenigoe 0]

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

Thank you very much for the useful information. The messages that we've come across with our own research have said opposite to this. Some saying save yourself a headache and don't get married now and apply for the k-1.

Here is our entire story to help give us the best option. We met each other online 3.5 years ago and have been in constant contact ever since. We met on January 6, 2010 in person when I went to the United States to visit on a visa waiver. We got engaged on January 17th in Chicago when he popped the question with the biggest ring I've seen. Who could say no to that? I stayed the full length of 90 days and then returned alone to Australia. He came to visit a month later and stayed the full 90 days during which he met my parents and we celebrated with an engagement party. I also applied for the e-3 visa during the time he was staying with me so I could work and stay in the United States with him without him having to get married and losing his financial aid at school Because I didn't have a job offer for the e-3 I was told by the embassay to use the visa waiver program to visit the US to get a job first. So this is what I did. We both flew back over and I was successful in obtaining a job offer at a hospital. After everything was looking good my employer contacted me and told me they would not be able to fill out the form I needed for my visa as the job only requires a min of an associates degree not a bachelors which is what the visa specifies. So this ultimately made the e-3 visa impossible for me to get since RN nurses here in America only require the 2 year degree. This is how we came to the conclusion that we will need to either get married or apply for the fiance visa. We are most concerned that our decision will allow us to be together the quickest and safest possible way preferably cheapest too but that is less important. We just want to be sure before we make any decisions but we are running out of time as I must leave the country by October 27th.

So based off our story. Would marriage now be our best option? Or should we wait and file for the k-1? We're just getting mixed messages online and we just want to be 100% certain of what the best route would be. Thank you for any help or opinions. Especially people who have done this sort of thing before.

[Fandango 1,439]

Basically, it's up to you...if you are willing to stay here and not go back to Australia for the time being to finish up packing up and finalizing your life there...then why bother with going home and getting a visa?

You'll obviously have to figure out if getting married affects his financial aid, that's something only you two can figure out. But this option that I put forth is legal, and would do away with going home and having to wait out the time apart.

Either way, good luck!

[VanessaTony 3,567]

Okay here's the run-down:

-- Fiancee visa --

Pros:

1. You can go back to Australia and work while the visa is processing, get your stuff in order

2. You can visit while the visa is in process

Cons:

1. Takes around 6 months (sometimes quicker) to get the visa

2. Most expensive option

3. Unable to work and/or leave the US until you file AOS and get your AP or GC

-- CR1 visa (married before you leave US) --:

Pros:

1. You can go back to Australia and work while the visa is processing, get your stuff in order

2. You'll get a greencard immediately on entry, so able to work and leave whenever

3. You can visit while the visa is in process

Cons:

1. Rushing into marriage

2. Takes around 6 months (sometimes quicker) to get the visa

-- AOS while in the US --

Pros:

1. You don't need to be apart

2. Cheapest option

Cons:

1. Rushing into marriage

2. You can't work until you get a work permit. Your fiance/husband would have to support you

3. You cannot leave the US till your AP or GC are approved

4. You will need to provide evidence of co-mingling (bank accounts etc) to file the I-130

I'm sure there's more that others can add but that's all I can think of right now. As someone who went through the K1 process I can tell you the worst part was probably being unable to leave and/or work until my EAD, AP or GC came through. I enjoyed being able to work and save money before I left, but I also felt a little guilty starting a job that I planned to leave (and keeping the fact I was leaving a secret) but I needed the money so oh well (turned out to be the worst place i've ever worked so no guilt leaving there!!)

If I could go back I would go the CR-1 route. It's cheaper than the K1, you can work in Aus while waiting for it and get your things in order, and then you can work, get a drivers licence, SSN etc immediately on entry... makes a big difference to how you adjust to life in the US.

[JoannaV 173]

The other con with the -- AOS while in the US -- option is that it is technically illegal if you are here on the Visa Waiver Program and although USCIS has allowed people to do it in the past there is no guarantee that they will continue to do so. I just read a post on here today that suggested they were denying more of these kind of applications recently. Also, assuming you have family and/or possessions in Australia, you probably would like to be able to leave there properly, rather than to suddenly find that you have already left!

If you are happy and ready and able (able would include, for example, having your birth certificate with you if your state requires that) to get married now, then the CR1 visa is definitely the easier and cheaper route to go compared to the K1 visa. It is one process, whereas the K1 visa is split into two: K1 before marriage, and then Adjustment of Status afterwards. Just try not to get so excited about getting married that you forget to send off the first form, lol.

[VanessaTony 3,567]

The other con with the -- AOS while in the US -- option is that it is technically illegal if you are here on the Visa Waiver Program and although USCIS has allowed people to do it in the past there is no guarantee that they will continue to do so. I just read a post on here today that suggested they were denying more of these kind of applications recently. Also, assuming you have family and/or possessions in Australia, you probably would like to be able to leave there properly, rather than to suddenly find that you have already left!

If you are happy and ready and able (able would include, for example, having your birth certificate with you if your state requires that) to get married now, then the CR1 visa is definitely the easier and cheaper route to go compared to the K1 visa. It is one process, whereas the K1 visa is split into two: K1 before marriage, and then Adjustment of Status afterwards. Just try not to get so excited about getting married that you forget to send off the first form, lol.

Actually AOSing from VWP is not illegal. They have been denying VWP AOSers but ONLY if they filed their AOS after their I-94 expired. As long as they file before the I-94 expires they'll be fine. They also would be committing fraud if they entered with INTENT to AOS. But no, not illegal.

[JoannaV 173]

Oh yes, I guess I was forgetting precisely what was illegal about the whole thing. Before I was married I rejected AOS as an option because this was before I travelled to America and so I would've had "intent". After I was married we had our honeymoon and then visited the UK. I then went back to the US for three months under VWP and whilst we were filing the I-130 I did think a couple of times about AOS. But I felt it would've been an abuse of the VWP. I guess on the majority of issues I think USCIS is too strict but on this one I think them too lax. I'd only allow it if someone got ill or had a baby whilst in the US. Oh well haha.

[JoannaV 173]

I guess the main problem I have with it is that it is skipping ahead of all those who file for a K1. Ideally, USCIS would allow everyone to just marry and do AOS.