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adamg2

K1 Visa Petition: please help..very urgent!

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OK.. so i have been astounded by the lack of information on the US dept of State websites in Australia. I have called the US consulate with a specific question that they could not or would not answer. I have sent emails as per instructed and still no reply so here goes. to anyone that has done this before, your help would be greatly appreciated.

This is the situation:

My Fiance lives in Texas, i live in Australia. We got engaged in June last year and are getting married IN TEXAS in June this year. once we are married we will be honeymooning in the US for two weeks then returning to Australia to live and settle. Because of this we have taken care of the australian side of things first ie fiance visa so she can visit in april and then temporary visa allowing her to live and work once she settles here. so now we are on the US side of things and we began the process with petition for a K1 visa but were stopped by one question that got us thinking; the question regarding my intended address post marriage in the US. the K1 SEEMS to imply that i will be immediately residing in the US post marriage - not the case. i could not get a straight answer from ANYONE at the US embassy(OMG!) so here goes and im pretty sure im right in my intended course of action

1. I do not need a K1 to legally get married on a travel visa ie ESTA(visa waiver).

2. Upon arriving at customs when asked about my intentions i am honest and let them know i am entering with the sole purpose of marrying my fiance but will be leaving the US immediately after our honeymoon(a date will already be set along with my travel documents confirming this as well as not only my student ID for university but a copy of a letter of employment from my employer stating that i am currently employed etc to allay any fears that i will stay)

3. assuming this is the correct course of action we get married legally in the US, honeymoon and leave with a legally certifiable marriage certificate and start our lives together in Australia.

4. I then begin to apply outside the US for a CR1 spouse visa as im legally married to a US citizen?

AM i on the right track. i just dont want to waste money on a K1 if i dont have to as the Aus visa costs are more than enough?

any help or experience from those that went down the path i am planning would be great to let me know i am on the right track? im open of course to being wrong as well..

Regards

Adam

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1. You don't need K-1 visa if you don't plan to stay in the US.

4. You don't have to apply for CR-1 visa, if you don't plan to settle in the US. Do that when you decide to immigrate to the US. Your spouse will have to have a domicile in the US (since the CR-1 visa is all about to join a family, and since you both will live in Australia, there's not point in that visa).

I'm sure more experienced users will share their opinions here as well.

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*** Two duplicate threads have been removed. There's no need to post more than once; please wait for answers in THIS thread. The answers will come if you're patient. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If you plan to live in Australia you don't need a visa to enter or marry in the US. When you arrive in the US for the wedding you need to show enough information to convince CBP that you will be returning to Australia after your wedding. What "enough" is varies by CBP agent, but generally work info, home (lease or mortgage), family ties, etc. (and the clear documentation to demonstrate those) are what is frequently recommended. From Australia it shouldn't be too difficult, just be prepared to tell and explain your story.

If you eventually do wish to relocate to the US then you would need to apply for, and wait for, the visa. Until then ESTA is the way to go.

Good luck!

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*** Two duplicate threads have been removed. There's no need to post more than once; please wait for answers in THIS thread. The answers will come if you're patient. ***

yeh i know.. sorry my computer kept freezing, rolling over and wouldnt refresh so i couldnt see if it was posted till my computer decided to stop freaking out and i tried to remove the duplicates once i realised but i couldnt find how to do that..

so my apologies.. not intended..

Adam

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Thanks to those that replied..

i just wanted to make sure as i dont want any trouble from US immig and we want to do the RIGHT thing..

we will definately go down that road and ill make sure i have my mortgage papers, verfification of enrolment in University, return travel documents for us and a letter of employment from my employers.. so hopefully that should allay any fears they have that i might illegally stay..

Thanks again

Adam

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yeh i know.. sorry my computer kept freezing, rolling over and wouldnt refresh so i couldnt see if it was posted till my computer decided to stop freaking out and i tried to remove the duplicates once i realised but i couldnt find how to do that..

so my apologies.. not intended..

It happens to all of us. No problem, and thanks for the explanation! :)

Edited to add: By the way, welcome to VJ!

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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