newbie and a tad confused

[churchill 0]

Hi people,

I've read quite a few posts online and been back to the US Embassy websites a few times to work out our options but I'm hoping someone here can either tell me something I've overlooked, or confirm what i already know?

My situation, I am Australian, and my partner is from the US. My partner has recently got a great job in the US and has to leave Australia to start in mid december. Naturally I want to go with her (It is a 2 year contract). This contract may be extended beyond this date, but we may return to Australia if it doesn't or if we just prefer the Aussie winter.

It would appear my options are :

1. get married and apply for a spouse visa...is that a CR1?

but it would appear this can take 6 months or longer? ( I will need to earn some type of income)

2. apply for a fiance visa, but it appears this takes just as long, costs more, and we'd probably prefer to have our wedding here so my family will be included.

3. Try to find a US employer that will sponsor me, but my employment background doesn't present me with too many options in the city where my partner will be based.

So, are there any other visa options available for me, And i'm not a millionaire, a nobel prize winner, or an elite athlete.

I'm happy to get married tomorrow, but I still don't really want to "immigrate" to the USA. However it would appear to be the best option even if it does take such a long time?

I'm hoping someone here will tell me I've missed something?

Many thanks

[Little_My 464]

You have both non-immigrant and immigrant visa options available to you, but in your particular situation it does seem to me that the CR-1 spousal visa and subsequently greencard is the only way to go that really makes sense.

As you are planning to reside in the US for at least 2 years, tourist visa is obviously out of the picture. You have work and student visas left, but you stated that it is unlikely you would qualify for a work visa. This leaves student visa, which would definitely be an option if you were interested and willing to study in the US - but it doesn't really make sense, as the end cost of that will be tens of times more than of any immigrant visa process, and also because there is a risk that your student visa petition would be denied due to your relationship with an American. It also wouldn't be any faster than K1/CR-1 route, as you would first have to apply to a school and be admitted before the actual student visa process would even begin.

So, this leaves you with the K1 and CR-1 options that you are already aware of. Personally I always seem to lean towards the CR-1, just because it is much cheaper and seems to me to be a more straightforward process as it doesn't involve the adjustment of status phase, and there wouldn't be any periods for you when you are in the US but unable to work or travel. It does take a bit longer than K1 from filing to you being able to come to the US, but I still personally favor it over K1 (though I do not have personal experience in either, as we adjusted my status from a student visa).

[churchill 0]

thanks, for your fast reply..

Our initial thoughts are pretty much the same, just seems crazy that its the best option for us....seems like overkill, but if that's the system then I'll deal with it.

Anyway were due to get married in a month and then my partner (then wife) will head off a week later for work. I just hope the officials don't think that looks suspect. We have been a couple for more than four years, so we have more evidence than you could poke a stick at.

We'd already got my partner Australian Permanent residency....just to make it easier for her....the irony!

I'll just have to keep my fingers crossed the time goes quickly... I really do not wish to be apart for so long.

No doubt I'll be back again to check out more advice, but thanks again for the first of many tips I'll certainly need!!

cheers

[Done--Really 331]

Hey Churchill...

It is a piece of cake to go down the CR-1 path, and if by chance you can stretch out your stay to three years, you can apply for US citizenship, and then you can both come and go as you wish.

[Barbara J 115]

thanks, for your fast reply..

Our initial thoughts are pretty much the same, just seems crazy that its the best option for us....seems like overkill, but if that's the system then I'll deal with it.

Anyway were due to get married in a month and then my partner (then wife) will head off a week later for work. I just hope the officials don't think that looks suspect. We have been a couple for more than four years, so we have more evidence than you could poke a stick at.

We'd already got my partner Australian Permanent residency....just to make it easier for her....the irony!

I'll just have to keep my fingers crossed the time goes quickly... I really do not wish to be apart for so long.

No doubt I'll be back again to check out more advice, but thanks again for the first of many tips I'll certainly need!!

cheers

As you are going to marry in OZ and then she has to come back here to USA then she will file the CR1 spousal visa. Good she has a job to come home to and she will need to set up residence for you both as well if you go this route. As we Aussies are VWP ESTA you can come and visit for 90 days at a time. During the process you can come and visit, so you are looking at being here maybe end of next year. You said you are not sure about settling in the US problem with the CR1 for you is you get GC conditional for 2 years and then remove conditions and get a 10 yr GC. Issue is you wont be able to go back to OZ and stay for any long periods.

You wont get a work visa in this country unless you are sponsored by a company or you have a degree in a certain field. Trust me I looked into this for my daughter and this is a hard country to work in and to be honest their wages are no where near as good as ours back home.

So if you are going to get married then CR1 is for you.

[churchill 0]

Thanks so Much, CR1 is now our path.

Magical, I've got a suspicion we will be there for 3 or more years, as the job my partner has got is pretty close to her dream job. Once she has started I'm sure her employer will just want her to stay (my partner is so clever and hardworking, imho...but I am biased!)

but if we're in the US for that long we would apply for the citizenship....it would make things so much easier if faced with a similar scenario later on. So I'll keep that in mind.

Barbara J, thanks for the tips, I was hoping to arrange a visit, but had read a few posts where people had suggested you couldn't if you had applied for a CR1 or immigrant visa?

If I can visit, even for just a few weeks while the process is under way, that would be great!!!

CR1 for you is you get GC conditional for 2 years and then remove conditions and get a 10 yr GC. Issue is you wont be able to go back to OZ and stay for any long periods.

Hmm, we can't really know what the situation will be in 2-3 years time or what our plans will be then, I suppose the conditional GC starts the moment I arrive...which will be in about a year...already half way through my partners contract.

Well, can't do much about it, we'll just have to go and see what happens... when you say "long periods" do they specify a timeframe 1mth/2mths??

thanks again

[Done--Really 331]

To keep the GC active, you cannot be out of the US more than one year without filing for what is called Advance Parole ahead of time--it MUST be filed from within the US.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD