Just found out im a US citizen-want to move from AUS with my spouse!

[Teenie182 0]

So, this one is a toughie!

I am from Sydney, Australia-born and raised, as is my partner of four years.

My mother was born and lived in the USA prior to my birth and I just found out I have a social security number and a Certificate of Birth Abroad from when I was an infant. I am officially a US citizen.

I lived in the USA when I was two years old and it was then when my mother got my certificate issued and social security number. Since then, we moved to Sydney permanently.

I am now 22 and have caught up with my mothers whole side of the family here in California while I'm on vacation and am seriously considering moving here as I am a citizen, and it should be a simple process of getting a US passport to make an easy transition.

The problem is, is I have a fiance who would like to move with me, but we are quickly finding out it's a bit of a nightmare of a process!

With a usual K-1 application, the US citizen can sponsor their spouse for citizenship but they have to have proof of address and income in the United States.

As I am from Sydney and have never worked in the USA, this is obviously a problem!!!

I am wondering if anyone else has a similar situation they are going through/have gone through that can shed some light on how to go about our application.

I have read that you can also nominate a co-sponsor if you are technically unemployed in the USA. My uncle here in California is a cop and I believe has everything within the guidelines to sponsor my spouse on my behalf.

We are considering going with RapidVisa.com to take care of his application but I'm unsure how to proceed since our situation isnt the norm!

We have the opportunity to live with family when we first arrive until we get on our feet, so this is not a problem. But in the K1 application, what are the kinds of questions that are asked? Do they need a permanent USA address or does my spouse need to have a job lined up beforehand etc etc?

We have been engaged for a little while now and are happy to get married in the US once he has been approved.

I'd also be interested in the approval rate. He doesnt have any sort of criminal record/medical issue etc. Should this be a pretty straightforward process? We are expecting this to take around 6 months. Is this achievable?

Many thanks in advance!!!! :-) :-)

[Girl from Celebes 588]

So, this one is a toughie!

I am from Sydney, Australia-born and raised, as is my partner of four years.

My mother was born and lived in the USA prior to my birth and I just found out I have a social security number and a Certificate of Birth Abroad from when I was an infant. I am officially a US citizen.

I lived in the USA when I was two years old and it was then when my mother got my certificate issued and social security number. Since then, we moved to Sydney permanently.

I am now 22 and have caught up with my mothers whole side of the family here in California while I'm on vacation and am seriously considering moving here as I am a citizen, and it should be a simple process of getting a US passport to make an easy transition.

The problem is, is I have a fiance who would like to move with me, but we are quickly finding out it's a bit of a nightmare of a process!

With a usual K-1 application, the US citizen can sponsor their spouse for citizenship but they have to have proof of address and income in the United States.

As I am from Sydney and have never worked in the USA, this is obviously a problem!!!

I am wondering if anyone else has a similar situation they are going through/have gone through that can shed some light on how to go about our application.

I have read that you can also nominate a co-sponsor if you are technically unemployed in the USA. My uncle here in California is a cop and I believe has everything within the guidelines to sponsor my spouse on my behalf.

We are considering going with RapidVisa.com to take care of his application but I'm unsure how to proceed since our situation isnt the norm!

We have the opportunity to live with family when we first arrive until we get on our feet, so this is not a problem. But in the K1 application, what are the kinds of questions that are asked? Do they need a permanent USA address or does my spouse need to have a job lined up beforehand etc etc?

We have been engaged for a little while now and are happy to get married in the US once he has been approved.

I'd also be interested in the approval rate. He doesnt have any sort of criminal record/medical issue etc. Should this be a pretty straightforward process? We are expecting this to take around 6 months. Is this achievable?

Many thanks in advance!!!! :-) :-)

Speaking about processing time of K-1 visa from the initial petition (I-129F) to interview date, I would say in the last few months the approval rate is faster compared to the last couple of years. I got my K-1 visa less than 5 months (my I-129F was approved in 38 days). I could get faster but there was some arrangement had to be done due my work and my fiance being in the military that need approval for travel overseas. One of VJ members from Indonesia, her K-1 visa process took only in 81 days from I-129F to the interview date. I have seen some folks here from Australia never had a problem to obtain their visas. Best wishes for both of you!

[Trisha89 36]

We sent our petition in the beginning of august 2013, we are both 24, never have been married before, no kids and no criminal backgrounds.... We are still in process, since then!!! NVC just got our case yesterday and we should hear in the next 1-3 weeks for an interview appointment, so our K1-journey took 7 months so far on march 12, 2014!

The fiance from the other country doesn't need to have a job, to get the K1 Visa and if you are lucky, yes then it might be only 6-7 months for y'all.

All the best wishes

[Zedayn 486]

With a usual K-1 application, the US citizen can sponsor their spouse for citizenship but they have to have proof of address and income in the United States.

The requirements for an I-129F petition are:

• Petitioner is a US citizen
• Both Petitioner and Beneficiary have met in person within the last 2 years
• Both Petitioner and Beneficiary are legally able and willing to marry each other within 90 days of arrival to the US

You don't need proof of address (you can use a relative's address) nor do you need proof of income (you can get a co-sponsor).

Alternatively, you can return to the US ahead of your fiancé and try to find a place to live and work.

[Pitaya 2,577]

Welcome to the forum.

and the K-1 Flowchart, easily accessible at the top of the forum page.

You refer your 'significant other' at various times in your posting as fiancee and/or as spouse. Please be clear, if you are married you are not eligible for a K-1 fiancee visa, you should go for a IR1/CR1 spousal visa instead. The terms are not interchangeable and you should be clear about your marriage status for these visa processes. There are reports of folks using the term 'spouse' at a K-1 immigration interview with the visa being denied because the consulate officer determined that the couple was married and not eligible for a K-1 Fiancee visa.

Good luck on your visa journey.

Edited March 4, 2014 by A&B

[Teenie182 0]

Welcome to the forum.

and the K-1 Flowchart, easily accessible at the top of the forum page.

You refer your 'significant other' at various times in your posting as fiancee and/or as spouse. Please be clear, if you are married you are not eligible for a K-1 fiancee visa, you should go for a IR1/CR1 spousal visa instead. The terms are not interchangeable and you should be clear about your marriage status for these visa processes. There are reports of folks using the term 'spouse' at a K-1 immigration interview with the visa being denied because the consulate officer determined that the couple was married and not eligible for a K-1 Fiancee visa.

Good luck on your visa journey.

My significant other is my fiancee, we are engaged but not married. So we shouldnt have any problems being denied for that reason! :-) Thank you for your information though!

[Teenie182 0]

The requirements for an I-129F petition are:

• Petitioner is a US citizen
• Both Petitioner and Beneficiary have met in person within the last 2 years
• Both Petitioner and Beneficiary are legally able and willing to marry each other within 90 days of arrival to the US

You don't need proof of address (you can use a relative's address) nor do you need proof of income (you can get a co-sponsor).

Alternatively, you can return to the US ahead of your fiancé and try to find a place to live and work.

This is also very helpful! I'm so glad I can use a relatives address. I had thought about moving ahead of my fiance but it was just going to be too inconvienient for us so im glad there is another option!

Are these the only requirements? If you have any more information of anything else we would specifically need to fill out his application (guidelines etc), that would be really helpfull!

Thanks!

[darin&josh 18]

A search of the forums should show that many US citizens living abroad have sought to return to the US with their non-citizen fiance/e, and have not had a residence or US income, and their experiences should provide an example of what to expect in your circumstance.

The responses so far outline the basic eligibility requirements, and I think you will find the guides and forums will be a helpful resource throughout the process. In my experience so far, where I've had specific questions, this site has provided the answers or advice that I needed.

For an idea of the questions to expect, start with forms I-129f and G-325a, which are what you will submit to USCIS to begin the petition. This is where you provide evidence that you are a US citizen, that you have met your fiance in the last 2 years, and include letters of intent from each of you that state you are both legally able and willing to marry within 90 days of arrival in the US.

At the Consulate stage, you will both supply further forms and evidence. The sponsor (US citizen) and/or co-sponsor (your uncle) will provide evidence of their income and/or assets, your Australian fiance will provide a police certificate, medical, and proof of identity, and you will also provide proof of your relationship (some of this will also possibly be supplied with the initial petition to USCIS). (There are also processes that will need to be completed when your fiance is in the US)

The time for the initial petition to be approved by USCIS can vary from as little as 1 month to 5 months or more. Once approved, it progresses through the National Visa Center and the US Consulate in Sydney, and that time frame can also vary. Based on recent experiences for Australian beneficiaries on this site, it seems many are getting their visas in around 7-8 months from their initial petition application. But of course, this will vary based on individual circumstances (and much of this time will be outside of your control). So keep that in mind when you start planning when you would like to move and get married.

In regards to approval rates, if you supply all the information and evidence required, there are no complicating factors in either of your backgrounds, and it is a genuine relationship, then there is little reason to doubt the visa will be approved.

It is entirely your decision whether to hire a third party to assist with the petition, but most couples that have straight forward cases should find that they can complete all the requirements on their own by using sites such as this for advice.

Good luck with your petition

[EndlessStory 53]

If you are US citizen by birth, don't you already have a US passport? What passport did you trav with when you enter US? Are you a dual citizenship? Just curious