K-1 Fiance Visa advice please

[blueheeler18 0]

I came across this site today and thought it would be a good start for me to tell my story and get some personal advice.

I often chat to my good mate in USA over Skype and one day about 4 years ago he introduced me to a friend of his. Her and I have often spoken via Skype only, never phone to phone as her cell company and mine do not allow up to make International calls, however Skype has worked because we could see each other.

I finally went to USA in August this year, caught up with my mate (stayed with him) and actually met his friend face to face in person, after nearly 4 years of using Skype, it was amazing. I was there for 1 week, her and I caught up often, went to dinners, drinks in the city etc etc and just hung out. I came back to Australia for 2 weeks and couldn't bare to be away from her so I ended up flying over again and stayed for 2 weeks. I have recently returned back to Australia and while I was over there, her and I both agreed we wanted to spend our lives together. Love at first site, absolutely.

So I am in the process of obtaining my B2 Tourist Visa to spend some quality time with my mates and her too for about 5 months at the end of this year. Lets just say after 1 month I decide I want to propose to her and she says "YES", I believe we are able to submit a petition for a K-1 visa?

So I have a few questions:

1. Can we submit the petition while I am over there on a B2 visa? If so, will this cause any implications with immigration?

2. Say I have 5 months left of B2 visa and we submit the K-1 petition, how will I know when I would need to fly back to Australia to attend the interview?

3. What are the typical documents we would need to supply as proof of our love and commitment for one another, especially if we are not living together (she still lives with her Mom while she cares for her atm, I will be staying with my good mate)

4. Can I marry her while on the B2 Visa? If so how much time after entry into the USA is advisable to give it to marry her?

5. IF we do get married while on the B2 Visa, can we apply for the CR-1 Visa immediately?

6. What is the better option to avoid spending time apart from each other, K-1 or CR-1? Which one is less likely to cause complication based on my situation?

7. If the K-1 is approved, on entry into the USA, can I immediately apply for the work authorisation request or do I need to wait till I apply for AOS after marriage?

8. What do people do for cash while waiting for the Employment Authorisation to be approved?

9. The I-129F form states that I must have met my fiance within the last two years which I have and I will also be there again in December this year, so based on this, how does one provide evidence of joint accounts such as banks etc if I'm not legally allowed to hold an account in USA seeing I'm not a citizen, or mobile account under joint names etc etc? Really need to know what evidence is required besides the dozen photos we have taken together.

I know a lot of these questions have most likely been answered in several threads, but I have to be honest, I dont have a lot of spare time to read through so many threads to find all the answers I seek, so if someone has the time and cares about my situation and would like to give me the information, I would really appreciate it? My girlfriend and I want to do everything the right and legitimate way with no complications.

Really looking forward to as much feedback as possible, thank you!

[Penguin_ie 5,986]

1. Yes.

2. Unlikely the K1 will be done within the 5 months, so you just leave when your time is up.

3, Skype records, photos of the two of you together during both trips, emails, receipts of gifts you may have given eachother etc.

4. Yes you can marry. Doesn;t matter how long, you can marry the day you arrive if her state allows. If you are sure you want to marry, I would recommend this because after you get your visa, you come back to the USA with a greencard, can work and travel immediately and its cheaper.

5. Yes (well, as soon as you get the marriage cert).

6. K1 is a bit faster, but CR-1 is cheaper. Neither should give you major problems.

7. Wait until after marriage.

8. Live on their fiance/ spouses means- same as while on your B2, can;t work then either.

9. You don;t need joint financials, USCIS understands you won;t have that living in different countries. Joint financials will be important later, for the AOS (Adjustment of Status) after you marry on the K1.

[C-ma'am 684]

1. Yes.

2. Unlikely the K1 will be done within the 5 months, so you just leave when your time is up.

3, Skype records, photos of the two of you together during both trips, emails, receipts of gifts you may have given eachother etc.

4. Yes you can marry. Doesn;t matter how long, you can marry the day you arrive if her state allows. If you are sure you want to marry, I would recommend this because after you get your visa, you come back to the USA with a greencard, can work and travel immediately and its cheaper.

5. Yes (well, as soon as you get the marriage cert).

6. K1 is a bit faster, but CR-1 is cheaper. Neither should give you major problems.

7. Wait until after marriage.

8. Live on their fiance/ spouses means- same as while on your B2, can;t work then either.

9. You don;t need joint financials, USCIS understands you won;t have that living in different countries. Joint financials will be important later, for the AOS (Adjustment of Status) after you marry on the K1.

What she said

[Pitaya 2,576]

What she said

This is a DIY site, not many folks have a lot of spare time.

Good luck on your visa journey.

[blueheeler18 0]

1. Yes.

2. Unlikely the K1 will be done within the 5 months, so you just leave when your time is up.

3, Skype records, photos of the two of you together during both trips, emails, receipts of gifts you may have given eachother etc.

4. Yes you can marry. Doesn;t matter how long, you can marry the day you arrive if her state allows. If you are sure you want to marry, I would recommend this because after you get your visa, you come back to the USA with a greencard, can work and travel immediately and its cheaper.

5. Yes (well, as soon as you get the marriage cert).

6. K1 is a bit faster, but CR-1 is cheaper. Neither should give you major problems.

7. Wait until after marriage.

8. Live on their fiance/ spouses means- same as while on your B2, can;t work then either.

9. You don;t need joint financials, USCIS understands you won;t have that living in different countries. Joint financials will be important later, for the AOS (Adjustment of Status) after you marry on the K1.

Thanks for your answers this is great.

I have read on the net the USCIS red flag you if you go to USA and get married immediately, as ion their opinion, I am entering the USA on a B2 visa, then marrying straight away, does this not look suss?

Lets say I am there for 3 months, I get married, we file for the CR-1 once we get the certificate, I then leave at my 6 months (so this gives us 3 months together) how long does it normally take till I would be allowed back in USA once it has been submitted?

The only reason I am thinking the K-1 would be easier, because I don;t want anything to look suspicious to the USCIS and I want to reduce the amount of time spent apart from each other.

[randye80 24]

Thanks for your answers this is great.

I have read on the net the USCIS red flag you if you go to USA and get married immediately, as ion their opinion, I am entering the USA on a B2 visa, then marrying straight away, does this not look suss?

Lets say I am there for 3 months, I get married, we file for the CR-1 once we get the certificate, I then leave at my 6 months (so this gives us 3 months together) how long does it normally take till I would be allowed back in USA once it has been submitted?

The only reason I am thinking the K-1 would be easier, because I don;t want anything to look suspicious to the USCIS and I want to reduce the amount of time spent apart from each other.

It's only suspicious if you get married immediately then try to stay in the US and adjust status. Even then, it happens all the time.

As long as you are willing to go home after your visit/marriage and wait for your paperwork to process, you will be fine.

[Penguin_ie 5,986]

Red flags depend on individual circumstances; if you'd never met before and had a short courtship then yes, it could be a red flag, especially if you were from a high fraud country, but you are not. If you were going the K1 route, you could file tomorrow, as you have alreayd met the minimum requirement of one meeting in the last 2 years, so that would reduce the time spend apart.

Being let in and how long you are given always depends on the CBP officer you get at the border. The general rule is to spend more time outside the USA than inside, and never more than half the rolling year inside. So if you are staying the full 6 months, you may not be allowed back in for 6 months- by then, you will likely have your spousal visa. You can increase your chances of being allowed in by showing proof of ties to your home country (difficult when you have an immigrant visa in process), and proof of finances, ie why they should not suspect you of working illegally in the USA.

[blueheeler18 0]

It's only suspicious if you get married immediately then try to stay in the US and adjust status. Even then, it happens all the time.

As long as you are willing to go home after your visit/marriage and wait for your paperwork to process, you will be fine.

So what your saying is that if I do get married immediately on the B2 VISA, will this not contradict my reason for wanting to go to the USA when I visit as a tourist in December?

If I am able to get married immediately, can we lodge the CR-1 immediately or will this also look suspicious? As I said trying to reduce the amount of time apart, Love is Love right, all people who are in love is want to do is be with their partner.

So based on my situation, what would you recommend doing?

[blueheeler18 0]

Red flags depend on individual circumstances; if you'd never met before and had a short courtship then yes, it could be a red flag, especially if you were from a high fraud country, but you are not. If you were going the K1 route, you could file tomorrow, as you have alreayd met the minimum requirement of one meeting in the last 2 years, so that would reduce the time spend apart.

Being let in and how long you are given always depends on the CBP officer you get at the border. The general rule is to spend more time outside the USA than inside, and never more than half the rolling year inside. So if you are staying the full 6 months, you may not be allowed back in for 6 months- by then, you will likely have your spousal visa. You can increase your chances of being allowed in by showing proof of ties to your home country (difficult when you have an immigrant visa in process), and proof of finances, ie why they should not suspect you of working illegally in the USA.

Would it not be better to file the K-1 after my interview next week for the B2 visa? Dont want to jeapodise getting that.

[Jacque67 7,328]

Australian are eligible for the VWP. PLEASE apply for the VWP before you attempt the B2 visa. Your B2 application will likely be denied as you are eligible for the VWP.

You will be most likely be deied the B2 for lack of ties to your country Australia. The VWP lasts for 90 days. Once in the USA you can marry of just get engaged, file a petition and wait for the K-1 visa in Australia. During the time appart you can visit again on the VWP provided you have not overstayed any previous visits.

If your B2 application is denied it will have to be declared on future ESTA applications and could lead to delay in getting the VW and being able to meet up with your girlfriend.

[SweetDelish 38]

So what your saying is that if I do get married immediately on the B2 VISA, will this not contradict my reason for wanting to go to the USA when I visit as a tourist in December?

If I am able to get married immediately, can we lodge the CR-1 immediately or will this also look suspicious? As I said trying to reduce the amount of time apart, Love is Love right, all people who are in love is want to do is be with their partner.

So based on my situation, what would you recommend doing?

From what you've said, you aren't actually intending on getting married yet anyway, you are just keeping your options open in case you decide at a whim, so that is not fraud. Going over to spend time to get to know her a bit better before making the decision isn't a bad idea at all. If you so decide to get married while you were there, then so be it, just don't overstay the conditions of whatever visa you go on.

[blueheeler18 0]

Australian are eligible for the VWP. PLEASE apply for the VWP before you attempt the B2 visa. Your B2 application will likely be denied as you are eligible for the VWP.

You will be most likely be deied the B2 for lack of ties to your country Australia. The VWP lasts for 90 days. Once in the USA you can marry of just get engaged, file a petition and wait for the K-1 visa in Australia. During the time appart you can visit again on the VWP provided you have not overstayed any previous visits.

If your B2 application is denied it will have to be declared on future ESTA applications and could lead to delay in getting the VW and being able to meet up with your girlfriend.

I have put on the application that I would like to stay for 5 months, do some travelling within the US with mates and stuff. I have also gone through a Visa Lawyer, they have gone over all my docs and dont see any reason why they would decline the B2. I already have my VWP, so if the B2 is denied will this cancel my VWP too?

[Jacque67 7,328]

Yeah, your VWP will be cancelled as the circumstances under which you originally applied have changed. You will have to say "YES" to the question about whether you have ever been refused a visa.

I think the lawyers you have consulted are not very good. I am British, and know about the VWP. In any country where the VWP is available it is virtually impossible to get a B2 (unlessed retired). Most Americans can not take 5 month holidays and so one is suspected of having immigrant intent if applying to go to the States for so long. If you have the VWP now you can visit for 90 days, come back and then visit again. I screwed up as I overstayed the VWP and now have to use a B2 if I want to visit my fiance. My application for a B2 has been turned down twice, so I cannot visit the States until the K-1 process has completed.

Look at the immigration forum on Britishexpats.com and you will see how hard it is to get a B2 and how a B2 denial will delay the time to get a new ESTA approved.

[Jacque67 7,328]

Addendum;

I payed a lawyer $2000 in NY as I was told he could solve my overstay by extending my Visa Waiver. I found out later that it is IMPOSSIBLE to do so, so I wasted time and money. Luckily I came back before 180days overstay (as this wwould have incurred a 3 year ban from the States)

Go on the VWP, propose and/or get married. The sooner she starts the petition for your visa , the sooner you can live together.

[blueheeler18 0]

Yeah, your VWP will be cancelled as the circumstances under which you originally applied have changed. You will have to say "YES" to the question about whether you have ever been refused a visa.

I think the lawyers you have consulted are not very good. I am British, and know about the VWP. In any country where the VWP is available it is virtually impossible to get a B2 (unlessed retired). Most Americans can not take 5 month holidays and so one is suspected of having immigrant intent if applying to go to the States for so long. If you have the VWP now you can visit for 90 days, come back and then visit again. I screwed up as I overstayed the VWP and now have to use a B2 if I want to visit my fiance. My application for a B2 has been turned down twice, so I cannot visit the States until the K-1 process has completed.

Look at the immigration forum on Britishexpats.com and you will see how hard it is to get a B2 and how a B2 denial will delay the time to get a new ESTA approved.

I have a letter from my employer confirming my employment, I have a letter of intent by myself, I also have a letter from my best mate saying I will be staying with him for the duration of my visit. I have sufficient funds, why would there be a problem. Just because Americans dont get those kind of holidays doesnt mean every other country in the world are like that. I just want to travel around but dont want to be restricted to 3 months.

In fact, my work place have allowed me to take time off, I have gone from Full Time to Casual but keeps me on the books and then when I am ready to return to Australia, I will commence my full time employment again.

But I see your point. I have not attended the B2 Visa interview, so if I cancel the appointment will this look suss?

Addendum;

I payed a lawyer $2000 in NY as I was told he could solve my overstay by extending my Visa Waiver. I found out later that it is IMPOSSIBLE to do so, so I wasted time and money. Luckily I came back before 180days overstay (as this wwould have incurred a 3 year ban from the States)

Go on the VWP, propose and/or get married. The sooner she starts the petition for your visa , the sooner you can live together.

Yup that to me sounds like the way to go seeing I already have the visa valid for 90 days.