Is it possible to file for the K-1 visa while the non-US fiance isn't in his home country??

[Beth&JP 2]

Hmm...

So there are three things motivating this question. Obviously the first is that we love each other and we want to be together. I'm going to graduate this December, and my school offers a program in Australia that has some wonderful courses that I just couldn't take at my university, so it would really help me broaden my education.

The third and most important is that my fiance was denied for a student visa to study English here in the US, and he really wants to enter a university ASAP when he gets here... so since he can't do that, going to Australia would offer an alternative opportunity to learn English as a second language (rather than as a foreign language.)

My parents are co-sponsors, so my lack of working history is (as far as I know...) irrelevant. Please correct me if I'm wrong.

Would we be able to start the application process while he's in Chile and I'm in the US, and then finish it while on a student visa in Australia? Would we simply be able to process it all while in Australia? I'm not changing my permanent address or anything since it's a student visa (therefore temporary)... but I'm not really sure how it affects things. Would we be able to do all of the interviews in Australia?

I'm so confused. @_@ Help!

Thanks for your help!

[Tyeger87 10]

there are a few things it depends on: first of all, the length of your studies. if it is a year long program then it may be possible. however if it is more than a year then you should begin the visa closer to the time you are ready to return to the US. Also, it depends on the US embassy in Australia. Whether they will take your case once it has been sent from NVC. If your fiance' is a resident then they will usually take it, but they dont have to. So you might want to learn about the embassy's residency requirements so that you all wont be forced to return to Chile unawares.

[Beth&JP 2]

It's only a semester long: July-November/December.

I don't understand what his residency situation would be. Obviously he wouldn't be a permanent resident as he would just be on on a student visa...

[Anh map 2,098]

It's only a semester long: July-November/December.

I don't understand what his residency situation would be. Obviously he wouldn't be a permanent resident as he would just be on on a student visa...

How long is your fiance planning to spend studying in Oz?

[Beth&JP 2]

How long is your fiance planning to spend studying in Oz?

He would be there at least as long (July-November), possibly longer if he entered on his own (sublcass 570) instead of as my dependent (on my subclass 573) visa.