K-1 visa petitioner living in foreign location

[Sngs 0]

I've been living in Australia for the last three years while maintaining a house and address in the united states. Once the k-1 visa is approved, we will be moving back to the united states.

My questions:

1. Will it cause issues if I'm living overseas during the process?

2. Should I use the processing center of my home address in the us?

[Anh map 2,098]

Any reason why you can't marry now and then proceed with a spousal visa? Pros: Fewer steps, costs a bit less overall, Aussie spouse has green card upon US entry and thus able to work immediately.

[Sngs 0]

Any reason why you can't marry now and then proceed with a spousal visa? Pros: Fewer steps, costs a bit less overall, Aussie spouse has green card upon US entry and thus able to work immediately.

No particular reason short of the fact that it looked like the processing time for both the I-129F and I-130 were about the same and I've heard horror stories of people trying to do the spouse visa.

[Anh map 2,098]

No particular reason short of the fact that it looked like the processing time for both the I-129F and I-130 were about the same and I've heard horror stories of people trying to do the spouse visa.

There is a pretty strong Aussie group here on VJ. I am sure that you can get the lowdown from them regarding the embassy experience.

Weigh the pros and cons of both and then get started.

[VanessaTony 3,567]

No particular reason short of the fact that it looked like the processing time for both the I-129F and I-130 were about the same and I've heard horror stories of people trying to do the spouse visa.

Well in either case you need to return to the US prior to the visa being approved to re-establish domicile. You will also need a co-sponsor because your foreign income doesn't count.

CR-1 would be the better option seeing you're presently together. Processing times are roughly the same. Australia is a great one to go through.

Also, as an FYI, if your fiancee is the Aussie, she has 12 months from the date of marriage to get a gratis (free) passport replacement in her new name. It's MUCH easier doing the name change stuff with an Aussie marriage certificate. You could get married and start filing the paperwork for the Cr-1 in her married name and she can get her new passport so that when she gets her visa it will be in her married name (visa is in name in passport and so is the GC).

I would seriously consider the CR-1 options myself seeing you're actually together now. It means she can return home and work immediately. With the k1 she would be waiting around 3 months before she could work or leave the US (and be able to return without issue).

[Darnell 8,480]

does australia still do DCF'd I-130s ? IF SO - suggest you chase after direct consular filing for a spousal visa, instead.

[VanessaTony 3,567]

does australia still do DCF'd I-130s ? IF SO - suggest you chase after direct consular filing for a spousal visa, instead.

Not anymore no.

[Sngs 0]

Well in either case you need to return to the US prior to the visa being approved to re-establish domicile. You will also need a co-sponsor because your foreign income doesn't count.

CR-1 would be the better option seeing you're presently together. Processing times are roughly the same. Australia is a great one to go through.

Also, as an FYI, if your fiancee is the Aussie, she has 12 months from the date of marriage to get a gratis (free) passport replacement in her new name. It's MUCH easier doing the name change stuff with an Aussie marriage certificate. You could get married and start filing the paperwork for the Cr-1 in her married name and she can get her new passport so that when she gets her visa it will be in her married name (visa is in name in passport and so is the GC).

I would seriously consider the CR-1 options myself seeing you're actually together now. It means she can return home and work immediately. With the k1 she would be waiting around 3 months before she could work or leave the US (and be able to return without issue).

Thanks for the advice. I'm beginning to think my situation may be a bit more complicated than I had originally anticipated. I'm currently in Oz on a 457 visa working for a US company, being paid in USD - so I don't think the income will be an issue. I own and maintain a home/residential address in the US as well. My role within the Australia will be ending in June and I'll be returning to the US with my company (ie i'll have a job when I return). We were attempting to have him return with me when I go back in June and thus trying to find the fastest method to getting a visa for entry into the US. We're not so worried about him not being able to work immediately - while it'd be nice, it's not necessary.

[VanessaTony 3,567]

Thanks for the advice. I'm beginning to think my situation may be a bit more complicated than I had originally anticipated. I'm currently in Oz on a 457 visa working for a US company, being paid in USD - so I don't think the income will be an issue. I own and maintain a home/residential address in the US as well. My role within the Australia will be ending in June and I'll be returning to the US with my company (ie i'll have a job when I return). We were attempting to have him return with me when I go back in June and thus trying to find the fastest method to getting a visa for entry into the US. We're not so worried about him not being able to work immediately - while it'd be nice, it's not necessary.

Ahhh then no that's good! Even if you file the K1 it wouldn't be approved by June. I would personally got the CR-1 route. It's not just working, it's a completely different feeling to be a LPR rather than just sitting in immigration limbo. No licence, not able to leave if something happens back home etc etc