Abandoned K1 Concequences

[geowrian 22,335]

1 hour ago, forevercurious said:

This is news to me! I'll keep this option in mind, the 14 months sounds like a long time (is it strictly 14 months? I also read 8-10) but the perk of being able to work once you arrive is great.

It's currently taking around 12-16+ months on average. Some are faster, some are slower.

Timelines change constantly...they could be half that by the time you want to move back, or they could be 2-3+ years. No guarantees,. especially about the future.

Edited January 20, 2019 by geowrian

[nastra30 1,968]

To summarize what people have said here:

1. You can marry anywhere in world you want, the US doesn't care where you get married as long as it was legally binding where it took place. You can even come to the US and get married and leave on your VWP benefit. If you marry and leave the US on a VWP benefit and want to move back to the US permanently with your US spouse, then your US spouse will have to file I-130 petition for you.

2. If you want to get married in the US to your US fiancee and stay in the US, then you'll have to enter the US on a K-1 Visa. So your US spouse will have apply K-1 Visa (I-129F) for you again just as they did before in the past. Same process.

3. The I-129F and I-130 petitions take at least 12+ months to complete. It's a long journey process. Petition to USCIS to NVC to Embassy to CBP. (For K1, you have to add to marriage within 90 days then to AOS). [[Who knows, maybe there's a slim chance Trump might reduce the process to 3 months total but the odds of that happening is same as me becoming Prime Minister of Australia 🤣 ]]

4. Lastly, this portal is dedicated to only US immigration situations. We can't help with Australia immigration processes.

 

All the best with your journey.

[JFH 12,189]

6 hours ago, forevercurious said:

over a year sounds like a long time to be apart after marriage but I do understand why that is and I wouldn't expect my partner to be able to travel to Aus while that's all being processed. 

Why ever not?

[theresaL 408]

I'm sorry to say, but for someone who has gone through the K-1 visa process to the point of entry into the country you seem VERY uninformed about the immigration process. I would recommend learning all that you can about the different visas, the processes and the pros and cons of each before you make any kind of decision. Read the guides on this site as well as the official government sites and not just some random blog or website. 

[forevercurious 3]

42 minutes ago, theresaL said:

I'm sorry to say, but for someone who has gone through the K-1 visa process to the point of entry into the country you seem VERY uninformed about the immigration process. I would recommend learning all that you can about the different visas, the processes and the pros and cons of each before you make any kind of decision. Read the guides on this site as well as the official government sites and not just some random blog or website. 

I'm very sorry. It's been a very long process and I have felt very overwhelmed. There's a lot of information I have to revisit, thanks for the advice.

[forevercurious 3]

18 hours ago, nastra30 said:

To summarize what people have said here:

1. You can marry anywhere in world you want, the US doesn't care where you get married as long as it was legally binding where it took place. You can even come to the US and get married and leave on your VWP benefit. If you marry and leave the US on a VWP benefit and want to move back to the US permanently with your US spouse, then your US spouse will have to file I-130 petition for you.

2. If you want to get married in the US to your US fiancee and stay in the US, then you'll have to enter the US on a K-1 Visa. So your US spouse will have apply K-1 Visa (I-129F) for you again just as they did before in the past. Same process.

3. The I-129F and I-130 petitions take at least 12+ months to complete. It's a long journey process. Petition to USCIS to NVC to Embassy to CBP. (For K1, you have to add to marriage within 90 days then to AOS). [[Who knows, maybe there's a slim chance Trump might reduce the process to 3 months total but the odds of that happening is same as me becoming Prime Minister of Australia 🤣 ]]

4. Lastly, this portal is dedicated to only US immigration situations. We can't help with Australia immigration processes.

 

All the best with your journey.

thank you very much

 

15 hours ago, JFH said:

Why ever not?

sorry, i've done a lot more research since yesterday, my mistake.

[forevercurious 3]

I just wanted to say thanks to everyone for the help. sorry if I was repeating myself or being too vague, I was feeling frantic but it's nice to know that I have some options!

[Ethan & Shannon 385]

In Australia there is a partner visa, the application alone is 7160 AUD. It can take 26 months to receive this visa. Or, there is a perspective marriage visa which takes up to 20 months to receive. After marriage you have to apply for the partner visa anyway. Any long-term, quicker and less costly option is definitely a US visa and your options for visits would be the US ESTA/AU ETA or meeting in a third country. Only consider the Australian visas if it's a plan to live in Australia long-term.

[forevercurious 3]

19 minutes ago, Ethan & Shannon said:

In Australia there is a partner visa, the application alone is 7160 AUD. It can take 26 months to receive this visa. Or, there is a perspective marriage visa which takes up to 20 months to receive. After marriage you have to apply for the partner visa anyway. Any long-term, quicker and less costly option is definitely a US visa and your options for visits would be the US ESTA/AU ETA or meeting in a third country. Only consider the Australian visas if it's a plan to live in Australia long-term.

this is very clear, thank you so much. I always find that I have to revisit alot with this sort of thing, and that's what i've been up to for the last week or so. i can't second-guess what my partner wants right now but i think I may prefer living in the USA over Australia. When you say a US visa, you mean either a K1 or a i-130, right? and we can visit eachother during the process?

 

I've also been looking into requesting a waiver if we decide to submit another I-129f. is this a must, or is this a good thing to do, even if you intend on marrying the same person? will it be something I have to include if we want to file before 2 years (as the first google result I sound suggests)? I'm reading about IMBRA right now.

Edited January 22, 2019 by forevercurious

[Ethan & Shannon 385]

1 minute ago, forevercurious said:

this is very clear, thank you so much. I always find that I have to revisit alot with this sort of thing, and that's what i've been up to for the last week or so. i can't second-guess what my partner wants right now but i think I may prefer living in the USA over Australia. When you say a US visa, you mean either a K1 or a i-130, right? and we can visit eachother during the process?

 

I've also been looking into requesting a waiver if we decide to submit another I-129f. Is this a good thing to do, even if you intend on marrying the same person? will it be something I have to include if we want to file before 2 years (as the first google result I sound suggests)? I'm reading about IMBRA right now.

By US visa I mean K1 or CR1 (which uses the i-130, but you must be already married to file this). You can visit each other during this process using what you're using currently (I'm guessing ESTA).

 

As for the waiver, I am not sure. Good luck!

[forevercurious 3]

2 minutes ago, Ethan & Shannon said:

By US visa I mean K1 or CR1 (which uses the i-130, but you must be already married to file this). You can visit each other during this process using what you're using currently (I'm guessing ESTA).

 

As for the waiver, I am not sure. Good luck!

thank you! So, if we were able to file soon (if we do i really hope things work out) my partner could come and visit me in Australia? even on a K1? And okay, it's all making sense. and I'll read more into that waiver info today there's probably lots of forum posts on it and info online

[Ethan & Shannon 385]

1 minute ago, forevercurious said:

thank you! So, if we were able to file soon (if we do i really hope things work out) my partner could come and visit me in Australia? even on a K1? And okay, it's all making sense. and I'll read more into that waiver info today there's probably lots of forum posts on it and info online

The K1 doesn't impact visits to Australia at all, it's a US visa and has nothing to do with Australia. As long as your fiance has ETA or a visa to visit Australia all will be fine .

[Boiler 43,396]

Why  is a waiver needed, what for?

[SalishSea 16,746]

5 hours ago, Boiler said:

Why  is a waiver needed, what for?

I believe OP is referring to IMBRA waiver for filing second petition in under two years?

[forevercurious 3]

1 hour ago, Jorgedig said:

I believe OP is referring to IMBRA waiver for filing second petition in under two years?

yes, I've been reviewing some old posts, and i'm a bit stressed out so maybe i'm just misinterpreting everything but if i've filed for a k-1 for the second time I am worried I'll be under suspicion, so would I need a waiver or to submit some sort of written explanation?