Australian going for a K1a visa

[Shaunna&Tony 1]

Hi Everyone (New to the forum so just wanted to give a very quick hello before my millions of questions)

I have been researching online for the past few weeks about the K1a visa and have a few questions (really sorry if these have been asked millions of times)

Quick brief of my situation: I'm 24 year old female in Western Australia and my boyfriend (32) lives in Memphis Tennessee. We met online and we have met in person - I'm even going back for a month in May. We are planning on applying for the K1a visa starting October/November and I was wondering how many people have done the process themselves? Is it more beneficial to hire an immigration attorney or to do it on your own?

I have no criminal record whatsoever however my fiance in America does have a criminal record - will that effect our chances? Also in regards to his assests/income I am a bit confused as to how much he will need as when I was researching I kept coming up with different amounts. He will not have much (he's renting and has a car however he doesnt fully own the car yet as he is paying it off) He also has a job which earns him about $425 a week. I hope to move around May 2013 (obviously pending on when the visa gets approved) and by then I would have about $65,000 saved (for those Australian's that think I might be exaggerating - I work a 4 weeks on 1 week off construction job at a minesite so that I can save as much money as I can before I move) so would my amount of savings make up for what he may or may not have?

Also one final question - if you are going through the fiance visa process, are you still able to travel to the USA? As I was wanting to visit him every five weeks or so (i'd only ever be able to stay a week as I would have to be back for work and I'd buy return tickets as I would not risk anything by trying to do this illegally as I want to do it the right way) I'm just nervous that from October onwards that if I was going through the fiance visa process that I wouldnt be able to travel to the USA to see him?

Sorry for the millions of questions (especially for those that probably annoy others as they have been asked a million times) and thanks in advance to anyone that may be able to help with some insight

Edited March 18, 2012 by .:*Shaunna*:.

[LeftCoastLady 441]

Welcome!

We are planning on applying for the K1a visa starting October/November and I was wondering how many people have done the process themselves? Is it more beneficial to hire an immigration attorney or to do it on your own?

Most of the people who frequent this forum have filed the petition on their own, but you will find threads for those who have used an immigration attorney. Usually, they're complaining about something their attorney missed or gave them the wrong information.

I have no criminal record whatsoever however my fiance in America does have a criminal record - will that effect our chances?

That depends on what's on his record and the severity of the crimes. Do you know?

Also in regards to his assests/income I am a bit confused as to how much he will need as when I was researching I kept coming up with different amounts.

Here's the latest poverty guideline sheet: http://www.uscis.gov/files/form/i-864p.pdf

If the household will only be you and your fiancé, then it will be $18,912 at the 125% level. If he's making $425/week, then he'll be above that amount.

Also one final question - if you are going through the fiance visa process, are you still able to travel to the USA? As I was wanting to visit him every five weeks or so (i'd only ever be able to stay a week as I would have to be back for work and I'd buy return tickets as I would not risk anything by trying to do this illegally as I want to do it the right way) I'm just nervous that from October onwards that if I was going through the fiance visa process that I wouldnt be able to travel to the USA to see him?

Some do travel to meet, but be sure to show strong ties to your home country during the petition process. Leases, a letter from your employer stating you're expected back at work on [insert date here], etc.

Last, but not least, be sure to read through the excellent K-1 guide on this site and get to know the folks in the Australia regional forum, too. They'll be a great resource for when you have questions that are more detailed to the post-NOA2 process.

Good luck with your journey!

Edited March 18, 2012 by LeftCoastLady

[Mrs. NSA 6]

Hello, Ok so if i am wrong at all on this topic, trust that i will get corrected by someone lol.

2012 Poverty Guideline for two people you and your USC fiance supposing you to have no kids says for the I-134 which you will have to fill out when you send your info for the I-129 Fiance Visa only says you need to meet 100% which is $15,130.00, now when you do get here on your fiance visa and marry you will be changing status to AOS ( Adjustment of Status ) which you will then need the I-864 which will say you need to meet 125% which is $18,912.00. If he makes $425.00 a week he meets the criteria becuz i calculated his earning at $20,400.00 annually. He will need paycheck stubs and a letter of employment verifing he still has the job, how long he has been there and what he making hourly and his annual salary. He will also need his IRS transcipts or original w-2 fro his job for the last three years! He should be able to sponsor you no problem. As far as your monies you want to save, please remember you are going to have 3-5 months of not being able to work once you start the AOS process , so ne money you can bring to help your fiance support you both through it will be needed , I promise!

Now in reference to your last question about visiting him every five weeks, once you start this process, as wonderful as it sounds visiting your fiance every five weeks, remember that you can be denied at POE at ne time if they feel you are lieing. And there is a chance if you are denied entry into America that you wont be granted access for up to 10 Years. Tread very lightly when you make this decision, coming and going frequently ( every 5 weaks is kinda suspicious). If ne VJers disagree please reply.

This whole process you are about to enter is to see if there is really a bond between petitioner and USC, so be prepared to be separated for quite a while.

Well i hope I helpful, best of Luck!

[Laure&Colin 345]

Now in reference to your last question about visiting him every five weeks, once you start this process, as wonderful as it sounds visiting your fiance every five weeks, remember that you can be denied at POE at ne time if they feel you are lieing. And there is a chance if you are denied entry into America that you wont be granted access for up to 10 Years.

This is wrong information. Being denied entry to the US once doesn't trigger a bar from re-entering. 10-year bars apply to people who have stayed in the US illegaly for an extensive period of time.

Being denied entry at POE bears absolutely no consequences for the future and in particular no consequences for the obtention of an immigrant visa.

I think I remember reading that being denied entry when coming on the VWP means you'll no longer be able to use the VWP and should apply for a visitor's visa for any future trip, but I'm not completely sure.

[Shaunna&Tony 1]

Thanks for the info LeftCoastLady I am only new so havent figured out how to do all that multi-quoting thing so I will just respond to your questions in parts LOL

-he was convicted for possesion of drugs (please no judgement from anyone about to comment on that, I'm not asking for peoples opinions on his past I just want to know if that complicates my visa application)

-thanks for the advice for the 5 week looking suspiscious as I was worried about that financially I would have no problem making trips that frequent however I would not want to risk anything that may prevent the visa being approved as I can see why they might be suspiscious. It will just be hard if I cant see him for the whole duration of the visa process Would I even be able to make even if its just two trips? I know its hard to say because its up to the USA I am just not sure whether you arent allowed to go there at all if you are going through the Visa proces?

Malaila&NSA - he wont have three years of IRS transcripts from the same job as he has been to prison (again people please no judgement as I am after advice on the visa only not my fiance)

Thank you both for the information though its very helpful and appreciated

[Mrs. NSA 6]

This is wrong information. Being denied entry to the US once doesn't trigger a bar from re-entering. 10-year bars apply to people who have stayed in the US illegaly for an extensive period of time.

Being denied entry at POE bears absolutely no consequences for the future and in particular no consequences for the obtention of an immigrant visa.

I think I remember reading that being denied entry when coming on the VWP means you'll no longer be able to use the VWP and should apply for a visitor's visa for any future trip, but I'm not completely sure.

As yes sorry I am corected on the 10 year bar... But it is true you can be denied Entry at ne time.... idk what to say except is it worth the denial and having to try again and again, or is waiting worth it?

As I said if I am wrong i will be corrected lol

[LeftCoastLady 441]

-he was convicted for possesion of drugs (please no judgement from anyone about to comment on that, I'm not asking for peoples opinions on his past I just want to know if that complicates my visa application)

When your fiancé fills out the petition form, be sure he reads the instructions carefully and to determine if he needs to submit additional documentation related to his conviction. See page 3, section 7: http://www.uscis.gov/files/form/i-129finstr.pdf

-thanks for the advice for the 5 week looking suspiscious as I was worried about that financially I would have no problem making trips that frequent however I would not want to risk anything that may prevent the visa being approved as I can see why they might be suspiscious. It will just be hard if I cant see him for the whole duration of the visa process Would I even be able to make even if its just two trips? I know its hard to say because its up to the USA I am just not sure whether you arent allowed to go there at all if you are going through the Visa proces?

Alas, many of us do forego seeing our loved one during the process just to avoid that "what if?" situation from occurring. It's definitely hard, but it's a temporary thing if you're both in it for many, many years to come. My fiancé and I use Skype and gazillions of emails to help get us through this time period knowing that he'll be here in the US soon enough.

Last, on the tax transcript issue, he may only need to provide you with one tax transcript for 2011, but confirm with those who have been through this process in Australia to see what they needed to provide for the interview.

[Shaunna&Tony 1]

Thank you so much that was a lot of help I'm not 'panicy' now after reading the section about the crimes etc as it was nothing like what was listed (has never been arrested for any sort of violent crime, only that drug offence however I will still make sure that we tripple check everything in the process)

and yes waiting will suck however like you siad it is a temporary thing and I need to look at the big picture So glad I found this forum

[Laure&Colin 345]

It will just be hard if I cant see him for the whole duration of the visa process Would I even be able to make even if its just two trips? I know its hard to say because its up to the USA I am just not sure whether you arent allowed to go there at all if you are going through the Visa proces?

You are allowed to visit during the visa process. However you may be denied entry by the Customs and Border Protection officer if they think you have immigrant intent and don't believe that you'll go back home.

The best way to avoid denial is to bring proof that you have strong ties to your home country: letter of employment, lease contract, etc...

[Xanax 349]

Hi, it seems you have gotten most of the answers you need already.

I just wanted to mention, if you have strong ties to your home country; rent agreement, job to come back to etc that will help with CBP. I haven't read too many Aussies get denied and most never get asked any questions. (but this doesn't mean you wont). Maybe visit every 10 weeks instead so it is less frequent? I have been back and forth and few times now with no problems.

Also, you can always start your petition earlier than oct/nov to make sure you get approved by when you want. Once you are approved you have 6 whole months to enter the US.the general time lines show the K1 takes about 9 months, but what if you get a RFE or it takes you a long time to tether certain documents?

Gather eocuments* stupid phone.

[lynJer 7]

Hi, it seems you have gotten most of the answers you need already.

I just wanted to mention, if you have strong ties to your home country; rent agreement, job to come back to etc that will help with CBP. I haven't read too many Aussies get denied and most never get asked any questions. (but this doesn't mean you wont). Maybe visit every 10 weeks instead so it is less frequent? I have been back and forth and few times now with no problems.

Also, you can always start your petition earlier than oct/nov to make sure you get approved by when you want. Once you are approved you have 6 whole months to enter the US.the general time lines show the K1 takes about 9 months, but what if you get a RFE or it takes you a long time to tether certain documents?

Gather eocuments* stupid phone.

Aussies dont get denied, so dont worry.....

Its them 'other' less fortunate countries citizens that will get the funny looks.....The immigration guys on your entry just love the aussie planes touching down...they usually put their feet up, have a chat and relax with you.....they know our country is better than theirs....so they will leave you alone...

HOWEVER,......I believe there is something on the visa waiver conditions which states no more than X amt of days in one year can be stayed in the USA...

One other things....you entry and exit from the country of origin determines the time you have utilised....wot I mean, you cant slip down to mexico for a few days then reenter the usa expecting to start another 3 mth term on the visa waiver.

I travelled 4 times in and out - staying each time for a month - over a 7 mth period.....no issues whatsoever.....in fact, the uscustoms guys got to know me and asked how my wedding plans were going? I got engaged the first visit over here....

There is this thing about INTENDING TO MARRY A USC WITHOUT THE CORRECT VISA....and yes....some have been done for that...but if you get drunk one night in vegas and then get married....its ok???

yeah weird aye? its like I can take a gun to a park here, but I cant take a bottle of wine to have with my bbq steak...!

Oh....one more thing....I said all along that if I had my time again, I would not have gone down k1 path....would have just got married then applied to migrate under the marriage visa....

K1 visa seemed to control our wedding plans rather than us doing the wedding the way and date we wanted .....

[Shaunna&Tony 1]

Thanks everyone for all the advice, it has been very helpful I have already started our 'evidence' log - hopefully it wont be a novel by the time we go to start the process LOL I probably will go every 10 weeks instead to save money and hassle, I know I should be greatful as I realise some people have to wait the whole 6-8months to see their fiance but it still doesn't make me miss him any less (sorry for the cornyness )

Thanks Lynjer - I am going to have to look on the visa waiver conditions then as I didnt even think about the certain amount of days - hopefully it's nothing too small. I'm not too worried as when I visit him every 10 weeks or so the most I can only stay is a week because of work. As for the Vegas thing luckily I dont drink at all LOL but I see your point.

I wish I had the 'luxury' of going down the marriage visa path however the K1 is better for my situation. We are just going to have a very very small 'wedding' (like 10 people?) in those first three months then after that maybe around January 2014 we will have the actual 'big wedding' that we want - only reason why we cant do that the first time around is because I want to give my friends and family in Australia as much notice as I can

[orangedesk 27]

Alas, many of us do forego seeing our loved one during the process just to avoid that "what if?" situation from occurring. It's definitely hard, but it's a temporary thing if you're both in it for many, many years to come. My fiancé and I use Skype and gazillions of emails to help get us through this time period knowing that he'll be here in the US soon enough.

My guy is from the UK and came here in the beginning of February to stay 87 days under the visa waiver program. He's from England and was asked a few additional questions at the airport, but there were no problems. If you're visiting for a week at a time, you shouldn't have any problems, but try making a post in the Australia forum or ask people their story who have visited under the visa waiver program as well. You'll get a LOT of feedback on the topic especially people from countries that require a visa just to travel, but try to weed out the ones that are most like your situation.

[VanessaTony 3,567]

Quick brief of my situation: I'm 24 year old female in Western Australia and my boyfriend (32) lives in Memphis Tennessee. We met online and we have met in person - I'm even going back for a month in May. We are planning on applying for the K1a visa starting October/November and I was wondering how many people have done the process themselves? Is it more beneficial to hire an immigration attorney or to do it on your own?

A lawyer isn't beneficial unless you have a difficult case (which it doesn't appear from your posts that you do). It should be quicker and easier (thanks to VJ ) doing it yourselves.

I have no criminal record whatsoever however my fiance in America does have a criminal record - will that effect our chances?

You have clarified this was a drugs charge. This won't affect your case because he is the USC (different situation if it was you with the criminal history). He WILL have to disclose it though.

Also in regards to his assests/income I am a bit confused as to how much he will need as when I was researching I kept coming up with different amounts. He will not have much (he's renting and has a car however he doesnt fully own the car yet as he is paying it off) He also has a job which earns him about $425 a week. I hope to move around May 2013 (obviously pending on when the visa gets approved) and by then I would have about $65,000 saved (for those Australian's that think I might be exaggerating - I work a 4 weeks on 1 week off construction job at a minesite so that I can save as much money as I can before I move) so would my amount of savings make up for what he may or may not have?

As previously stated it's 125% of the poverty guidelines. This is the form: http://www.uscis.gov/files/form/i-864p.pdf So have a look for the line that corresponds with your household size. That's your answer Your assets can sometimes assist but if he can do it without your assistance for the k1 part that's better.

if you are going through the fiance visa process, are you still able to travel to the USA? As I was wanting to visit him every five weeks or so (i'd only ever be able to stay a week as I would have to be back for work and I'd buy return tickets as I would not risk anything by trying to do this illegally as I want to do it the right way) I'm just nervous that from October onwards that if I was going through the fiance visa process that I wouldnt be able to travel to the USA to see him?

Yes you're allowed to visit. I agree that going every 5 weeks is a bit much but if you want to try that it won't affect your K1 if you're denied entry so if you get denied entry it's not the end of your K1 process so not the end of the world.

[VanessaTony 3,567]

Malaila&NSA - he wont have three years of IRS transcripts from the same job as he has been to prison (again people please no judgement as I am after advice on the visa only not my fiance)

Tax returns are not required for the I-134 (in Australia). It doesn't hurt but the requirements are an employer letter and bank letter. Pay stubs will also show that he's over the amount required but are also not a REQUIREMENT.

He is required to have filed taxes for the last 3 years BUT only if he was supposed to. As you said he was in prison so he likely earnt under the level that would make him need to file taxes. If this is the case he can submit a letter explaining why he wasn't required to file taxes for that period. Not a problem as this has happened to other people before. If he was SUPPOSED to file taxes (but only couldn't because he was in jail) then he will need to file his back taxes.