Filing I129-F while living in Australia with partner and unemployed.

[Nicolerae 19]

I moved to Australia in December with my partner and we’re now planning on applying for the K1 ASAP. Before I left I was well above the 125% poverty limit and my most recent taxes will show that. I haven’t been able to find work in Australia while on a holiday visa which is why we’re hoping to move back to the US. My mom is willing to co-sponsor as well. Will her along with my past work history be sufficient? I can get my old job back once I return, but hoping to not be away from my partner. 

 

Thanks! 

[Crazy Cat 39,183]

If you are now together, have you considered a CR-1 instead of a K-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

[PeruvyandGringa 25]

you have an ETA? It is only valid for 90 days of authorized stay in Australia (it is valid for longer, but only continuous presence of 90 days). So you would need to leave Australia regardless of that is the case. 

[Nicolerae 19]

5 hours ago, missileman said:

If you are now together, have you considered a CR-1 instead of a K-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

Thanks so much for the detailed reply! I wish we could go the spouse visa route, but we’re still a ways off from getting married so the fiancé visa works better with our timeline. If I could stay in Australia longer we would definitely choose that option. My partner lived in the US for 10 years but had to give up his green card when he was diagnosed with cancer. He already has an SSN and drivers license in the US but idk if that will speed anything up or make much difference in the grand scheme of things. 

[Nicolerae 19]

4 hours ago, PeruvyandGringa said:

you have an ETA? It is only valid for 90 days of authorized stay in Australia (it is valid for longer, but only continuous presence of 90 days). So you would need to leave Australia regardless of that is the case. 

I’m here in Australia on a working holiday visa so it’s valid for 1 year of stay. I only have about 5 months left. I might leave Australia and come back just to buy another 3 months together since I’m not working anyway. 

[oflyingbunnyo 119]

8 hours ago, Nicolerae said:

I moved to Australia in December with my partner and we’re now planning on applying for the K1 ASAP. Before I left I was well above the 125% poverty limit and my most recent taxes will show that. I haven’t been able to find work in Australia while on a holiday visa which is why we’re hoping to move back to the US. My mom is willing to co-sponsor as well. Will her along with my past work history be sufficient? I can get my old job back once I return, but hoping to not be away from my partner. 

 

Thanks! 

If by the time of the interview you still do not have a job, then yes you would need a Co-Sponsor, more importantly however is that you should consider how you plan to maintain the both of you when facing possibly 4-6 months or more of unemployment from his end... Also he/she could be denied on the grounds of public charge if the totality of the financial situation is not up to the CO's satisfaction, which has been a hot topic as of late

Being away from our partners is hard, and nobody likes to do it nor would we do it willingly if we had the option to but law exists for a reason and so do options, hence the CR-1 or K-1 options to be with our loved ones. Being away from them is kind of the bread of everyday for almost everyone in this website but is knowing that we'll soon be reunited with them that keeps us going. 

You already expressed your interest in going the K-1 route, inform yourself as best as possible with the vast amounts of knowledge VJ and its users provide to you and please please please, do NOT go the unfair & illegal way of having your fiance straight up lie about his/her intents to come in the U.S. to the CBP officer if he/she decides to go on a tourist,work,etc. visa and then adjust status because you guys couldn't stand to be apart... not only is that illegal but that is straight up unfair & why adjusting status on any of those visas is such a delicate & scrutinized process nowadays, he/she can get in big trouble if USCIS finds out the truth...

Respect the options at hand and prepare for a journey that most of us had to take to be with our special person. 

Edited August 17, 2019 by oflyingbunnyo

[Nicolerae 19]

3 hours ago, oflyingbunnyo said:

If by the time of the interview you still do not have a job, then yes you would need a Co-Sponsor, more importantly however is that you should consider how you plan to maintain the both of you when facing possibly 4-6 months or more of unemployment from his end... Also he/she could be denied on the grounds of public charge if the totality of the financial situation is not up to the CO's satisfaction, which has been a hot topic as of late

Being away from our partners is hard, and nobody likes to do it nor would we do it willingly if we had the option to but law exists for a reason and so do options, hence the CR-1 or K-1 options to be with our loved ones. Being away from them is kind of the bread of everyday for almost everyone in this website but is knowing that we'll soon be reunited with them that keeps us going. 

You already expressed your interest in going the K-1 route, inform yourself as best as possible with the vast amounts of knowledge VJ and its users provide to you and please please please, do NOT go the unfair & illegal way of having your fiance straight up lie about his/her intents to come in the U.S. to the CBP officer if he/she decides to go on a tourist,work,etc. visa and then adjust status because you guys couldn't stand to be apart... not only is that illegal but that is straight up unfair & why adjusting status on any of those visas is such a delicate & scrutinized process nowadays, he/she can get in big trouble if USCIS finds out the truth...

Respect the options at hand and prepare for a journey that most of us had to take to be with our special person. 

Yeah I’d be working full time and we plan to live with my parents for a year or two. My job would be sufficient for the income levels, but we plan to have my mom co-sponsor just because I haven’t been working much this year as I’ve been on holiday in Australia. We definitely wouldn’t be seeking government assistance.

 

I don’t know if something I said came off that way, but I never suggested we would be getting an ETSA or tourist visa for him and I don’t want anyone to take it that way. I know it’s illegal and we definitely don’t plan on doing that. My partner already had a green card for 10 years so we don’t want to jeopardize any chance of him living in the US again. I mentioned in a reply to someone else that I might get a tourist visa to allow me to stay in Australia another 3 months once my visa here ends and I leave and come back which is perfectly legal if I’m not working and wouldn’t be planning to stay. 

[Crazy Cat 39,183]

5 hours ago, Nicolerae said:

He already has an SSN and drivers license in the US but idk if that will speed anything up or make much difference in the grand scheme of things. 

It will not......if working when he arrives is important, CR-1 is the way to go...........good luck.