Looking for some help on our Situation

[maybemoving 0]

Poverty guidelines are VERY low, however a minimum wage job doesn't exceed them. (Minimum wage in the USA varies by state but is set nationally at $7.23/hr. However waitstaff can be paid significantly less as they are dependent on tips from customers. )

I advise both of you to get at least travel insurance. Your SO (significant other) may be able to get something through her college once she starts attending, but plan on having to buy travel insurance for you and temporary insurance for her. Medical care in the USA is prohibitive.

Something for your SO to be aware of is that she is required by US law to file tax returns if she makes over the threshold to file, no matter where she lives in the world. She normally would be able to claim a foreign exemption if working overseas up to about $97k USD, so she would not pay any taxes. However she is required to file them. Should you two decide to stay in the USA later on spontaneously, she will need to have filed those tax returns for your affidavit of support or have a reason why not (unemployed, made under the threshold etc...)

Thanks for this. Of course we are going to get travel insurance. Me for the 3 months.

No idea about how tax works. She has an SSN and makes less than 9k7USD here in Aus. I'll mention it to her. Thanks.

[maybemoving 0]

No problems, that's what the forum is here for!

To answer your questions: I'm in public relations/media. I made a lot of groundwork through LinkedIn with companies in my SO's area, requesting meetings, sending my resume and also applying for actual positions. I got through to the final round with a company with whom i'd met one of their Senior VPs on a previous trip, alas, I was not chosen.

So what we did was follow two routes at the same time: while our K1 was going through the service centres and then to the NCV, I was looking for jobs as well to see if I could get over there immediately. By the time the Consulate interview was booked, we just decided to stick with the K1. We lodged the I-129F in November 14 and had notification from the Consulate in March 15.

Regarding the I-129F. Yes, I think you should file ASAP and do what I did and also try and find a job through E-3. Here is my source for not being able to be refused an E-3, even though you may have an I-129F in processing: Although INA § 101(a)(15)(E) requires that all E nonimmigrants maintain an intention to depart the United States upon expiration of their authorized E stay, the guidelines issued by the USCIS state that applications for E classification, including extensions or change of status, cannot be denied solely on the basis of an approved permanent labor certification or pending or approved immigrant visa petition.[5] Therefore, immigrant intent should not be a bar to eligibility for E-3 classification. (Wikipedia page on E-3 visa)

By filing the I-129F now, you can kick-start the process for the K-1. While waiting for it to work its way through the quagmire, you should seek an appointment for an E-3 visa. That way you can leave pretty much straight away and abandon the K-1.

You don't know who watches these forums and you've already demonstrated a willingness to travel on the VWP and pretend as though you'll suddenly get married and adjust status. Not only is that a very, very tricky process (VWP -> AOS), but it is fraught with danger in terms of immigration fraud. It would not take much for USCIS to see that you two have known eachother, yet you're trying to pretend you didn't expect to get married while there on VWP. My strongest advice is do not do this. Not only is it illegal but the mere suggestion of it breaks the forum rules here.

There's no shortcuts to immigration. If there was, we'd all be following the shortest route possible to be with our fiance/es. Unfortunately, it doesn't work like that and we've all been in the queue and waiting for our turn.

Thanks. Sorry for the slow replies. My life is crazy at the moment which I'm sure you can imagine.

Thanks, I've been trawling Linkedin, got a free trial to premium, got a NYC cell number on Skype (no idea how it works though). Will start emailing recruiters soon too,

Thanks for that source. I tried looking for the original source (from USCIS) but the link on wikipedia was dead. I can't fnd the original which I would love to find. I googled a lot for it too. It is helpful indeed but CBP may not believe wikipedia

We haven't filed the K1 yet. Isn't it mostly IR1/CR1 now anyway? Is there a difference of the two? We're almost a month away from leaving so idk how much tome filing now will save anyway. We'd need to get her sister be a co sponsor for financial reasons. But you had no issues getting through CBP while your K1 was processing?

I think AoS is not the way to go, I agree its way too suss. So really putting a lot of hopes on the E3.

sucks that you can't wait in USA for the visa to process like you can in aus. Especially since it takes so long!

Thanks again.

[NikLR 13,220]

K1 is a fiancé visa. It gives you permission to move to the USA, be married within 90 days of entry, and adjust your status to live here as a legal permanent resident.

CR1 is for a couple who are already married.

[NikLR 13,220]

Should you guys decide after being here for a while that you indeed want to be married and live here, AOS is the best option. US law allows for that kind of AOS. Intent upon entry are the key words. The CBP makes the decision if you intend to stay or not and allow you entry accordingly.

[tayurshu 37]

Thanks. Sorry for the slow replies. My life is crazy at the moment which I'm sure you can imagine.

Thanks, I've been trawling Linkedin, got a free trial to premium, got a NYC cell number on Skype (no idea how it works though). Will start emailing recruiters soon too,

Thanks for that source. I tried looking for the original source (from USCIS) but the link on wikipedia was dead. I can't fnd the original which I would love to find. I googled a lot for it too. It is helpful indeed but CBP may not believe wikipedia

We haven't filed the K1 yet. Isn't it mostly IR1/CR1 now anyway? Is there a difference of the two? We're almost a month away from leaving so idk how much tome filing now will save anyway. We'd need to get her sister be a co sponsor for financial reasons. But you had no issues getting through CBP while your K1 was processing?

I think AoS is not the way to go, I agree its way too suss. So really putting a lot of hopes on the E3.

sucks that you can't wait in USA for the visa to process like you can in aus. Especially since it takes so long!

Thanks again.

Sorry mate, your reply/questions came through amidst a mountain of posts regarding the global visa shutdown.

Finally got my visa in hand!

If I were in your position (which it so happens I am/have been):

- Visit the USA whenever you can and your fiancee. Before each trip, organise to meet with businesses, send your resume through in advance etc. Good work on the LinkedIn Premium trial. Premium has been fantastic for me.

- File the I-129F now. The K-1 takes less time than a CR-1. You can also get married on your next trip, return home and file CR-1. However, that is far more complicated and I would suggest the K-1 as it's a shorter time period, too.

Cheers

[Boiler 43,438]

Did not think E3 was dual intent?

[tayurshu 37]

Did not think E3 was dual intent?

E-3 is not dual-intent. However, it cannot be denied solely on the fact you may have an IV application open.

As such, you can apply for an E-3 and an IV at the same time and the E-3 cannot be prejudiced based upon the IV application.

[maybemoving 0]

E-3 is not dual-intent. However, it cannot be denied solely on the fact you may have an IV application open.

As such, you can apply for an E-3 and an IV at the same time and the E-3 cannot be prejudiced based upon the IV application.

Congrats on getting your visa! Great news.

Thank you. I noticed your quote from wikipedia on that. However, the source it links to appears dead and searching the quote just points back to the wikipedia article.

I'm not confident filing this without having an original source to argue against... I'm not sure how much faith CBP/USCIS Put in Wikipedia

[tayurshu 37]

Thank you!

The document you are looking for is here: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/e3polgdnc_121505.pdf

The applicable section is (3) Extension of Stay.

"An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition."