K-1 Visa & B2 while processing questions

[Tierst 0]

Hello! I've been researching through VJ's forums for about a month now, and I think I have finally decided how me and my fiancé should begin our process.

I have a couple of questions that I haven't been able to find definite answers to, however.

I am a US citizen, and my fiancé is an Australian citizen. We just celebrated our 4 year anniversary together, and are looking at making it permanent and having him immigrate over here!

It is my understanding that it is WAY too risky for him to come come over while 'visiting' and get married, as this is illegal and can get us banned, so we are looking into the K-1 Visa procedure.

I understand that I can start the I-129F (I believe this is the starting paperwork) and he can visit still, assuming we can get through the POE.

I am unsure, however, since Australia is part of the VWP, if he should apply for the B2 extended stay visa before we start this as to avoid red tape, or afterwards, or if this is even possible?

We are hoping to spend as much of the time together as possible while we wait out the K-1 process (of course he would return for the interview). I see a few horror stories here and there about cranky POEs, but it seems for the most part that travelers are able to receive the 6 month stay. Is this a viable way to go through the process? I understand that someone will need to get his police records, proof of being single, etc, but that can be taken care of relative right?

Any help at all would be appreciated!

Thanks in advance!

[KLS2010 30]

Hello! I've been researching through VJ's forums for about a month now, and I think I have finally decided how me and my fiancé should begin our process.

I have a couple of questions that I haven't been able to find definite answers to, however.

I am a US citizen, and my fiancé is an Australian citizen. We just celebrated our 4 year anniversary together, and are looking at making it permanent and having him immigrate over here!

It is my understanding that it is WAY too risky for him to come come over while 'visiting' and get married, as this is illegal and can get us banned, so we are looking into the K-1 Visa procedure.

I understand that I can start the I-129F (I believe this is the starting paperwork) and he can visit still, assuming we can get through the POE.

I am unsure, however, since Australia is part of the VWP, if he should apply for the B2 extended stay visa before we start this as to avoid red tape, or afterwards, or if this is even possible?

We are hoping to spend as much of the time together as possible while we wait out the K-1 process (of course he would return for the interview). I see a few horror stories here and there about cranky POEs, but it seems for the most part that travelers are able to receive the 6 month stay. Is this a viable way to go through the process? I understand that someone will need to get his police records, proof of being single, etc, but that can be taken care of relative right?

Any help at all would be appreciated!

Thanks in advance!

I'm pretty sure your fiance will have to get the police check done himself as it is based on a fingerprint check..so he will have to be there in person to do this.

As for the rest of your questions I am probably not much help I'm afraid. My feeling though is that your (his) chances of getting a tourist visa AFTER you have filed for K-1 will be slim to nil - but don't quote me I could be wrong!

My (now) husband and I debated for awhile as to whether we should go CR-1 or K-1. In the end we decided to go ahead and get married while I was in the US on the VWP. Difference being that we didn't try to Adjust Status while on the VWP - which CAN be an issue apparently (but there are conflicting reports on this). We felt it was the best option for us for me to wait it out in Australia - we didn't want to risk having AOS denied.

In the end you have to do what you feel is right for the two of you. Whatever you decide - good luck! And congratulations on your four year anniversary!

[SophWeb 25]

Your main issue is proving that he is not going to immigrate on either the Visa Waiver or the Extended Stay Visa.

Because the POE officer may ask 'why are you here/who are staying with', and once you say 'girlfriend/significant other', they're going to want him to prove that he has strong ties to Australia and is not intending to permanently immigrate. These strong ties would include employment, rental agreement, K-1 NOA etc. If he can't prove it with evidence, then they will deny him entry. It's unlikely, but not outside the realm of possibility. They don't usually give us Aussies too much of a shakedown

If you decide to apply for the B-2, you can do it before or after your apply for the K-1. It doesn't matter. This is because the I-129 is a petition, not a visa application. When your fiance goes to the Embassy in Sydney is when he actually 'applies' for the Visa.

You will need to get fingerprinted for the police check, but that can be done outside the country. You would need to go to a local police office in the US, have them take them, and then send them in with your police check application.

If you decide to go this route, make sure you write that the fiance's permanent and mailing residence is still Australia. That will further prove that him coming to the US is only a visit, and he is not 'living here'.

[iampatricias 17]

It sounds like you've done your research! Well done!

I enter the US on a fairly regular basis using the VWP (albeit, from Canada...which may make a difference) and I've only been hassled once, when I had no solid ties proving my return. Having a return ticket in hand helps (I couldn't prove I had it because I hadn't printed an itinerary - just the boarding passes for that day), plus the things SophWeb suggested. It's helpful (but not essential) if he has a job to go back to, school to finish, or appointments to keep, but for a longer stay, something like a rental agreement or even sometimes a letter from a parent saying, "my son/daughter lives with me and I expect him/her back at xx date" is enough to satisfy the CBP.

But like you said, there are horror stories of people who come entirely prepared and sincere and are humiliated and turned away (the lady border agent who questioned me threatened to send me back if I couldn't "do better than 'I think' or 'maybe'" in remembering the last time I'd crossed the border, and this was after she went through every little slip of paper in my wallet and my purse asking me the same school/work questions 3 times in 3 different ways...). Nevertheless, I have had many, many more experiences where I'm surprised they didn't ask me *more* questions or give me a bigger hassle, considering the stories I've heard. I think it's helpful too if he is well versed in the K1 process so that he can easily explain to the agent that he understands he's not allowed to get married and he's definitely returning home for the interview, which you guys expect to happen 'soon' or whenever. I don't know much about the B2 visa myself, so I can't comment on that, but I hope the border crossing experience goes well for you guys!

[Tierst 0]

Sorry for the very long wait in reply!

Thank you all for commenting! We both really appreciate all of the help.

We are now looking into getting a B2 visa to wait out the K1 process. I am still a bit confused about the K1 process though, I think..

What forms would we need to wait to fill out before he can come over?

I know I need to send in the first I-129. What comes after that exactly? Do they issue a NOA1 at that point or is there something he needs to do over there first?

At what point in time would it be plausible for him to come over/after what forms?

Thank you again in advance!