K1 Processing times - help!

[brynah 0]

Hi there everyone

I am wondering if someone can help me. My fiance and I have been exploring different visa options that are available to us and I am wondering if someone can help me.

We are currently in America, until 24 October. Recently, we have been living in London together, where I was working (I am Australian). He was unable to work there but he was there to be with me. This is the sort of thing we have been doing for the past 4 years since we met to try to stay together. On 24 October, we are flying to Australia. He is entering Australia on "Special Visa 416" which is for Americans between 18-30. He will be allowed to work for 4 months, then extend his stay for 3 months as a tourist. Because of this, we are ineligible for DCF (I wrote to the consulate and asked and they said he would have to be present (e.g. a permanent resident, with a proper working visa) for minimum 6 months.

Because of this, we have fairly limited options. We REALLY don't want to be apart so I am hesitant to do the K3/CR1 option, though will if it becomes necessary. Our other two options are K1 or Greencard Lottery (I was picked for DV-2008 but my list number is fairly high and therefore, it seems, the chances of actually getting one seem slim, unfortunately).

If we were to file for the K1 NOW (as in, ASAP), how long does he have to stay here for? Until NOA1 or NOA2? If he received NOA1, can he leave for Australia with me in October as planned? Or does he have to stay for NOA2?

Once he leaves (at either the NOA1 point or the NOA2 point), is he able to stay in Australia with me to wait out the remaining options, as planned?

Thanks for any help you can give.

[Kath 0]

hi there

when you have your interview at sydney you need the original copy of the NOA2 with you...also orginal affidavit of support with accompanying documents..eg. bank statements, employer letter and tax transcripts..

i dont see any prob with the u.s. citz being in oz while waiting for an interview...from what i have read in the aussie thread sydney are scheduling interviews at the moment for december 07 and january 08....

you could get someone to post your NOA2 over to you in oz... and if your having a co sponsor they will need to send you all documents for your interview...

your quite welcome to come into the aussie thread there is heaps of info in about the different visa journey's aussies are going through...

good luck whichever visa you decide on...

take care

kath

ps if you were in london for more than a year .. the australian has to get a police certficiate from london as well as australia....forgot to mention that part to you...

Edited September 14, 2007 by Kath

[brynah 0]

hi there

when you have your interview at sydney you need the original copy of the NOA2 with you...also orginal affidavit of support with accompanying documents..eg. bank statements, employer letter and tax transcripts..

i dont see any prob with the u.s. citz being in oz while waiting for an interview...from what i have read in the aussie thread sydney are scheduling interviews at the moment for december 07 and january 08....

you could get someone to post your NOA2 over to you in oz... and if your having a co sponsor they will need to send you all documents for your interview...

your quite welcome to come into the aussie thread there is heaps of info in about the different visa journey's aussies are going through...

good luck whichever visa you decide on...

take care

kath

ps if you were in london for more than a year .. the australian has to get a police certficiate from london as well as australia....forgot to mention that part to you...

Thanks a lot for your help. Just to clarify (want to get everything straight in my head), as long as it all comes to his mothers address, she can just forward it on, if we head off to Australia? I just want to make sure he doesn't HAVE to be in the country, as long as we can still get everything forwarded to us. We still have six weeks so hopefully it'll be close enough by then that they won't send any RFE's. Sorry if I sound stupid!

Also, about the London thing, the first time I lived there was from May 2005 to March 2006 and the second time was from September 2006 to August 2007. Therefore, since I never made it a full year, will I need one still?

Thanks again..

[rakkaus 0]

Because of this, we have fairly limited options. We REALLY don't want to be apart so I am hesitant to do the K3/CR1 option, though will if it becomes necessary.

If you really don't want to be apart, I think your best bet is to get married now and do K3/CR1. DCF is just another way of doing that, and with the Adam Walsh law, DCF isn't what it used to be. If you file K3 now (and you can't until you're actually married), then with your month and a half before you leave and his 7 months in Australia, you should at least be most of the way there if not have a visa in your hand.

If we were to file for the K1 NOW (as in, ASAP), how long does he have to stay here for? Until NOA1 or NOA2? If he received NOA1, can he leave for Australia with me in October as planned? Or does he have to stay for NOA2?

Once he leaves (at either the NOA1 point or the NOA2 point), is he able to stay in Australia with me to wait out the remaining options, as planned?

USCIS doesn't care where he is at any stage, as long as he's a citizen. However, if he gets an RFE and it doesn't reach him, your application won't proceed and will eventually be cancelled.

My advice would be to marry now and K3/CR1. What's the point in waiting, if you've been together 4 years and know you want to be married? If I had the freedom to go anywhere on Earth to be with my fiancee until the file were approved, I'd do that today...