Confused and Need advice

[Kitty Kat Amber 0]

Ok i am not sure if its ok to make a new topic but i really need some advice... been working on getting thing together to bring my finace over from his native australia and he is making his second trip over in november. And i am honestly wondering if we would be smarter just marrying while he is here and when we go to australia for our honeymoon to just pack his stuff and bring him back... is it easier and cheaper to do a change of status vs a visa or the other way around... can anyone give me some advice... PLEASE

[missicy 87]

Coming to the US on VWP with intent to immigrate is visa fraud. Adjustment of status is definitely cheaper vs. K1 plus adjustment of status but he clearly has an intent to immigrate so you will have to do a K1, just like the rest of us in this forum. He will not be able to leave the US for honeymoon until he files for AOS and has AP or GC in hand.

[KayDeeCee 4,891]

You can get married while he is in the US, and then file for a spousal visa instead of a K-1. You can go for your honeymoon there, and you return without him. He will stay there until the visa process is completed, then he could come back to the US to join you. You can read the guide here: http://www.visajourney.com/content/i130guide1

You cannot get married, leave, and then 'just bring him back' with you.

[VanessaTony 3,567]

It's immigration fraud to do what you are suggesting. You can either file a K1 now, or wait till you're together next, marry and have him return to Aus to process the Cr-1 visa. If you filed the K1 now the wait time is around 5 months for petition approval, and around 2-3 months for visa approval so 8 months roughly till he can move to the US.

Why are you "working on getting things together"? As in what? Getting a job? Him leaving his job? You having problems with the income requirements? Or you really just thought he could sell up in Aus and move to the US without this "visa nonsense"? I only ask in case there's another issue that might hinder the process...

[Kitty Kat Amber 0]

I am working to get a job here i lost mine when my company closed up. We havent filed the offical paperwork i guess we wil have to get that done while he is here. I am not trying to do anything wrong thats why i am asking u all i know u all could lead me in the right direction.. ty all for the great advice that saved me a lot of heart acke. We will finish the first few stuff after he leaves this trip and hopefully by his next return we will be ready to marry... wish me luck all.

Sorry for all the confusion i am being told 15 different things and i am very confused a friend refered us here and i am glad he did u all have been very help and keep us out of a lot of heart acke

Edited June 1, 2011 by Kitty Kat Amber

[Ironman140 45]

I'm No expert for sure. But why is it Visa fraud?? If he returns without violating the VWP 90 days. They can marry here as long as he returns.

It's immigration fraud to do what you are suggesting. You can either file a K1 now, or wait till you're together next, marry and have him return to Aus to process the Cr-1 visa. If you filed the K1 now the wait time is around 5 months for petition approval, and around 2-3 months for visa approval so 8 months roughly till he can move to the US.

Why are you "working on getting things together"? As in what? Getting a job? Him leaving his job? You having problems with the income requirements? Or you really just thought he could sell up in Aus and move to the US without this "visa nonsense"? I only ask in case there's another issue that might hinder the process...

[Barbara J 115]

I'm No expert for sure. But why is it Visa fraud?? If he returns without violating the VWP 90 days. They can marry here as long as he returns.

That's only if he returned, she is talking about him coming to the US and staying

[Ironman140 45]

That's only if he returned, she is talking about him coming to the US and staying

Couldn't they marry here apply for visa . While he is here. Return to Aus for honeymoon. She may have to come back alone. While he waits for approval in Aus . But then they spend less time apart.. Would this not be legal ??

[JimVaPhuong 4,863]

Couldn't they marry here apply for visa . While he is here. Return to Aus for honeymoon. She may have to come back alone. While he waits for approval in Aus . But then they spend less time apart.. Would this not be legal ??

Yes, but that's not what she was asking about. She was suggesting they get married here, return to Australia for the honeymoon, return to the US (her new husband would be using the VWP, presumably) and then adjusting his status while in the US. This method is possible, and many immigration lawyers even recommend it, but it's not legal to enter the US with a non-immigrant entry pass (like VWP) if you intend to become an immigrant while you're here. If CBP suspects preconceived intent then they'll ask him about it. If he admits he intends to immigrate then they'll deny him entry. If he denies it, and CBP admits him, and then USCIS discovers he lied, then they'll ban him from the US.

[VanessaTony 3,567]

I am working to get a job here i lost mine when my company closed up. We havent filed the offical paperwork i guess we wil have to get that done while he is here. I am not trying to do anything wrong thats why i am asking u all i know u all could lead me in the right direction.. ty all for the great advice that saved me a lot of heart acke. We will finish the first few stuff after he leaves this trip and hopefully by his next return we will be ready to marry... wish me luck all.

Sorry for all the confusion i am being told 15 different things and i am very confused a friend refered us here and i am glad he did u all have been very help and keep us out of a lot of heart acke

Okay. Well on the income front if you have someone who is willing to be a co-sponsor that means you could file right away (for a K1) and not need to worry about getting a job before filing the visa. Obviously a job would be great but it might take some of the pressure off and also mean that you could file now and be together quicker.

The other option is if you have assets to meet the poverty line for your household size. This can be cash, or other US based assets.

If you want to do the CR-1 (which means he can work as soon as he immigrates) then you'll need to marry first then file.

Edited June 1, 2011 by Vanessa&Tony

[Kitty Kat Amber 0]

is so confused... i am looking at the k1 papers and confused completely what to do ... i know i need to get back to work this being stuck at home thing is driving me up a wall with craziness. I know one thing i dont want him to have to stay away after we are married so K-1 road here we come... because i dont know how the change of status and cr1 works and how long it will take... sad for now missing my fiance great hopes november gets here soon i want to see him again if only for 10 weeks.

[VanessaTony 3,567]

is so confused... i am looking at the k1 papers and confused completely what to do ... i know i need to get back to work this being stuck at home thing is driving me up a wall with craziness. I know one thing i dont want him to have to stay away after we are married so K-1 road here we come... because i dont know how the change of status and cr1 works and how long it will take... sad for now missing my fiance great hopes november gets here soon i want to see him again if only for 10 weeks.

It's okay It's always overwhelming at first. You will need to file the I-129F plus all supporting documents for that. Here's the guide: http://www.visajourney.com/content/k1guide

Though the CR-1 is better in that he can work and travel immediately, but we also didn't think that being separated during the first year of marriage was a good idea. Come on over to the Aussie chat thread listed in my signature . There's also a K1 guide for what he should do when the petition is approved so you have an idea of what to expect in a few months.

Good luck!

[TheSahlis 10]

is so confused... i am looking at the k1 papers and confused completely what to do ... i know i need to get back to work this being stuck at home thing is driving me up a wall with craziness. I know one thing i don't want him to have to stay away after we are married so K-1 road here we come... because i don't know how the change of status and cr1 works and how long it will take... sad for now missing my fiancé great hopes November gets here soon i want to see him again if only for 10 weeks.

The process is very confusing and the best source of how to do it is here on VJ, the govt sites leave lots more questions than they seem to answer. Me and my wife have been married for a year now and started the process for her CR-1 visa right after I returned from our wedding in Australia. I chose the CR-1 visa route as it takes about the same amount of time to complete as a K-1 but you don't have to do an AOS once they are here which can cost about $1000 if i remember right. What we have done to not have to be separated the whole time is she comes her to visit on the VWP and stays 87 days then heads back down for a few months. The advantages to a CR-1 over a K-1 is that when he gets his visa he will have a SSN and a green card and can basically travel at will, and you don't have to worry about it for another year and a half when you need to update the two year green card, with a K-1 he is allowed to enter as a non-immigrant so no work no foreign travel till AOS is complete, and if you are not working or not in the best paying job that could put big pressure on a new marriage, i have taken the time to get us a house buy her a car get myself a good job that i can support her on and just gotten ready so that when we are a whole family ( she has a son thats coming also ) we will just be able to enjoy life together and not do as much struggling financially, plus once she is here in a strange land surrounded by strange people she has the ability to go out and find a job so she isn't just sitting at home staring at 4 walls and waiting for me to come home. I have read many threads posted on her of the foreign spouses getting depressed and having thoughts of leaving because they didn't plan the actual move / new life they just wanted to be together as fast as possible and chose a route that left the foreign spouse spending large amounts of time alone in a place that was not familiar and contained no friends or family, you have to remember that they are leaving everything they know and are familiar with to come here. You don't want to rush so fast to just be together and forget that they are human and can and will get home sick if they don't have something to occupy themselves during the days

[VanessaTony 3,567]

The process is very confusing and the best source of how to do it is here on VJ, the govt sites leave lots more questions than they seem to answer. Me and my wife have been married for a year now and started the process for her CR-1 visa right after I returned from our wedding in Australia. I chose the CR-1 visa route as it takes about the same amount of time to complete as a K-1 but you don't have to do an AOS once they are here which can cost about $1000 if i remember right. What we have done to not have to be separated the whole time is she comes her to visit on the VWP and stays 87 days then heads back down for a few months. The advantages to a CR-1 over a K-1 is that when he gets his visa he will have a SSN and a green card and can basically travel at will, and you don't have to worry about it for another year and a half when you need to update the two year green card, with a K-1 he is allowed to enter as a non-immigrant so no work no foreign travel till AOS is complete, and if you are not working or not in the best paying job that could put big pressure on a new marriage, i have taken the time to get us a house buy her a car get myself a good job that i can support her on and just gotten ready so that when we are a whole family ( she has a son thats coming also ) we will just be able to enjoy life together and not do as much struggling financially, plus once she is here in a strange land surrounded by strange people she has the ability to go out and find a job so she isn't just sitting at home staring at 4 walls and waiting for me to come home. I have read many threads posted on her of the foreign spouses getting depressed and having thoughts of leaving because they didn't plan the actual move / new life they just wanted to be together as fast as possible and chose a route that left the foreign spouse spending large amounts of time alone in a place that was not familiar and contained no friends or family, you have to remember that they are leaving everything they know and are familiar with to come here. You don't want to rush so fast to just be together and forget that they are human and can and will get home sick if they don't have something to occupy themselves during the days

Just a couple of corrections. Yes the AOS is $1070 but if you're making flights backwards and forwards that makes up the difference in cost. For example, in my case we would have had to have flown to be together again to get married which would have made the CR-1 far more expensive for us (not working, flights to US aren't cheap then spending while there). We filed the K1 and were together again only when the K1 was approved and I moved over. I was able to save more that way and it meant we lived together, got married, and stayed together.

As for the AOS part, you apply for the EAD and AP with AOS and can be working in as little as 2 months. While it's not the same as CR-1 for sure, I know at least one person who's been here at least 8 months and is still struggling to find a job so having a CR-1 would have been no benefit.

For me the sitting around sucked for sure, BUT the idea of not being with my spouse after the wonderful act of getting married far outweighed the negatives (not working and not travelling). I've been here since Sept 2009 and still don't have a job (hopefully I hear today actually ) but that was mostly by choice. Depending on the OP's situation they could travel around the US together, in my case we bought a house so I was home to make sure the paperwork was done expeditiously. K1 was just a far better choice for us and the AOS wasn't the drama some people made it out to be.

Edited June 1, 2011 by Vanessa&Tony