aussie american preg visa advice

[troyanderica 0]

Hi we are an american female and a australian male. We meet each other in 2009 while working at a ski resort. Troy returned to australia to study and we kept in contact, then he returned late 2010 for another ski season where we begun our realtionship. In march 2011 he returned to australia for study, where i stay and saved then moved to australia in september 2011, where we had been living together in a defacto releationship since. My australian visa expires on september 8th 2012 and we both which to relocate to america. I recently found out that i am 3 months pregnant and we dont want to be apart again. We are looking to marry before the baby is due.

We have looked at the k1 visa but our confused as it seems that we have to wait in australia until its processed or be apart which we dont want.

Any advice?

Should we apply for the k1 visa now while in australia

Or

Get him a tourist or j1 visa as he is a student then lodge the k1 when we get to america?

Please help we need advice.

[Xanax 349]

The K-1 visa will take 6-9 months.

Your fiance can visit on the visa waiver program for 3 months at a time.

Does your fiance plan to use a J-1 visa (I believe this is for au pairs, camp counselors and the like)?

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I guess you could file a K-1 now and have your fiance visit on the VWP. You would probably have some time apart though but being from a VWP your time apart can be less.

Your fiance will need to be in Australia for the interview though.

[LIFE'SJOURNEY 970]

First be clear that a K1 visa is for a finance, thefore if you should marry in any fashion you can not apply for a K1 visa.

A spouse visa application is the CR1 visa.

[troyanderica 0]

Because he is a student he can get a J1 student visa which allows him to work here in the states. While he is here can we get married then fill out the I485. With a baby on the way and our debt we both con not affort not to be working.

[Anh map 2,098]

Marry now and apply for the spouse visa. It likely won't be complete by September. With the spouse visa he is work authorized upon entry as he will have a green card.

Has he been accepted to an American university already? That's part of the student visa as well as providing proof of funds for tuition, etc.

Your plan of using a student visa to immigrate isn't exactly kosher. Choose your path carefully. No reason to add extra stress to the process.

[jaycali 415]

J-1 is a non-immigrant visa. You won't get it if the intention is to adjust status.

[JNEKG 4]

I agree with anh map - get married now and apply for a spouse visa. As you are both residing outside of the US you are likely to enter into the auto expedite queue for processing. If you look at my timeline there is a chance you could squeeze through the process by the end of the year.

If your plan is to live in the US together, don't enter under anything but an immigrant visa.

All the best.