K-1 Lodgement outside of USA

[malamaja 1]

Hi guys

I've just recently joined this forum out of absolute desperation. There is a lot of information available online and there is no shortage of people sharing their personal stories, however, I can't seem to find anyone with my particular case.

My fiancé and I (got engaged 3 months ago) and we are starting the process for BOTH of us to move to USA. My fiancé, who is a USA citizen (born and grew up in USA), moved to Sydney, Australia 6 years ago. He moved with buddies from college to start a new business. We met 3 years ago and have been living together almost the whole time. Now, we are engaged and wanting to move to USA and start out lives there together. His business is winding up so there is nothing holding us here anymore.

From everything I have read, the K-1 visa seems to be tailored for people who are doing a “long-distance relationship” (they have met their fiancé but are effectively living in different countries). This is not a case for us.

What I am trying to work out is whether my fiancé can apply for the K-1 visa for me even though he is still in Australia but has every intention of moving to USA as soon as my visa gets approved. It might be also important to note that he has been lodging a USA tax return every year, as he is required to do and that will show that he has sufficient income (not earned in USA at this stage) to support me. We are both educations (we both hold masters degrees) and have extensive experience in our industries so I don't feel like USA will think I will be a burden on the society etc.

Any suggestions are welcome, especially from people that may be in a similar situation to ours.

Thanks!!

[apple21 953]

Maybe this can help. http://canberra.usembassy.gov/iv_faqs.html

[Bumbero 130]

Good luck!

Edited November 18, 2012 by Bumbero

[VanessaTony 3,567]

Marry and file for the CR-1. Because you are together the CR-1 will be A LOT quicker than the K1. You will get the GC on entry.

Your (then) husband will need to submit an I-864 to sponsor you. Unfortunately I believe you will need a joint sponsor because his income is not from a US source and will not continue once he's back in the US.

If you don't have someone willing to be a joint sponsor, your (then) husband will need to return to the US and get a job, but even then it would be a new job so the money wouldn't be enough to bring you over.. so he'd have to wait a few months.

If you went the K1 route you'd need an I-134 and the same income requirements/restrictions would apply (it not being US income).

First point is to find out if you have someone willing to be a joint sponsor....

See this thread: http://www.visajourney.com/forums/topic/386931-i-130-with-petitioner-overseas The Cr-1 forum will have a lot of info you need because Australia doesn't do DCF anymore. Seriously, get married in Aus makes your visa journey HEAPS easier.

Also, in Aussie specific terms - as you are the female Aussie you can use your Aussie marriage cert to change your passport to your married name in the first 12 months of marriage, for free. This will also get you your visa, and thus GC in your married name (name on passport). You can also do all your other Aussie name change stuff before you come over (getting married in the US meant I needed to do a legal name change and THEN change my passport).

[malamaja 1]

Thanks Vanessa&Tony!

I'll look into a potential joint sponsor. I'm assuming my future in-laws will qualify.

[P A U L 14]

i would call the local consulate/embassy and ask if a direct filing of K-1 application is accepted in the area. if not get married in Australia and file CR-1 or K-3

if you're going to go with the marriage in AUS route, check this out: http://travel.state.gov/law/citizenship/citizenship_767.html

Edited November 18, 2012 by P A U L

[kate&javi 26]

You can file K1 while you are living overseas. We did it while I was living in Honduras with my (then) fiance. There was no problems... I provided evidence in our petition that we were living together in Honduras and proof that i was working there. We did need a co-sponsor though. I even brought proof of domicile in the US to our interview but she only asked if we were flying back together.

Honestly I think that if I was to file all over again, we would get married and file the CR1 only because then you get the GC when you land in the US and with the K1 you have to pay $1000 more for it...

[VanessaTony 3,567]

Thanks Vanessa&Tony!

I'll look into a potential joint sponsor. I'm assuming my future in-laws will qualify.

You can either use one or both (if they're willing). They need to be a USC or an LPR (legal permanent resident). They will need to meet income requirements for their household size. Household size is explained on the I-864. Just because someone is living there doesn't necessarily mean they're counted as household size.

For example, if it's just your MIL and FIL in the house and no other kids then it will be 2 + you = 3. Either one or both (they can combine income) will need to make $23,862 which is 125% of the poverty guidelines for a household of 3 per here: http://www.uscis.gov/files/form/i-864p.pdf

Please feel free to come over to the Aussie specific threads (mentioned in my signature). Trust me when I say the CR-1 is definitely the better option for you seeing you are both together right now, but if you're set on the K1 it's also possible, just means no GC on entry, you can't work or leave the US (and return) until at least 2-3 months after filing the paperwork which costs $1070 at the moment.