Regarding moving from Australia to the USA.

[rawr 0]

Hello,

I've been searching for answers for a while and its hard to find the exact answer that i need so i hope that posting here can really help me.

I'm currently in a relationship with a boy from the USA, and im from australia. We have been together for 5 months now.

Im planning to go there in March, and i have decided that i want to stay, but im not sure what needs to be done.

We are really serious and head over heels in love and he wants to marry me when i come over.

Anyway, i was wondering what the process was etc.

Willing to answer any questions if it helps.

Thank you.

[john_and_marlene 162]

Since your plan is to stay after arriving, you will need a visa that allows for you to stay. Since your plan is to marry after you arrive in the U.S., the appropriate visa is the K1 fiance(e) visa. Have your fiance submit the I-129F petition. You will need to adjust your plans for travel to allow for getting this visa. If you use any other nonimmigrant visa to enter the U.S. with the intent to stay, you will be comitting visa fraud and put yourself at risk of deportation and bans to future entry.

[rawr 0]

oh ic ic thank you! :]

so.. my fiance needs to submit the I-129F petition, thats some kind of form he needs to fill in?..

a question aswell .. is there an age limit that this k1, example... hmm.. if i was 18 and my partner is 19? ..

[StillThePrettiest 3]

you'd do best to start with the new members' guides, found here

they contain links to FAQs, visa comparisions, and all manner of information you'll be needing...

when you've read them through and you have questions about the details, then you might want to continue asking questions here... otherwise everyone's just repeating the information that's already there

all the best with your petition

[RosemarieL 0]

oh ic ic thank you! :]

so.. my fiance needs to submit the I-129F petition, thats some kind of form he needs to fill in?..

a question aswell .. is there an age limit that this k1, example... hmm.. if i was 18 and my partner is 19? ..

This is a link to the K1 visa timeline which shows you the steps which need to be followed to apply for a K1 Visa http://www.visajourney.com/forums/index.ph...amp;page=k1flow and this is the detail with links to some example copies of the forms http://www.visajourney.com/forums/index.ph...mp;page=k1guide .

How long the process will take depends on how complex the case is and how long the local consulate takes to schedule interviews but typically it is taking around 8-9 months to process a K1 visa at the moment.

[rawr 0]

oh ! thank you very much, you are all very nice!

i'll go read through now and if im still not clear ill be sure to ask :]

thank you again!

[rawr 0]

It says about you need proof of having met the person in the past 2 years, what if this is the first meeting?...

[StillThePrettiest 3]

no go, unfortunately; you MUST have met in person within two years of when the I-129F is submitted; there are waivers on religious grounds but they're close to impossible to get, from what I hear

seems like you should make your trip in March a visit only, and then go back home to Aus to wait it out while your fiance files the I-129F on your behalf... this is surely prudent behaviour anyway; much easier to know whether you want to spend your life with someone when you've actually met them, however well you've gotten to know them over the net and phone

[rawr 0]

yah, was about to ask that, so you suggest march would just be a visit, so then atleast i have the whole 'met him in person in the last 2 years' and ofcourse, its good to know the person before anything :] *sighh i lovee him soo muccchhh its gonna be hell once i go home =( lol

edit: do i still need a visa if im staying for lets say a month?

Edited November 23, 2007 by BebeAiyah

[StillThePrettiest 3]

if you're using an Australian passport, you should be able to enter the US on the visa waiver program... there are no guarantees, of course; if they suspect you're intending to stay, they could turn you back at the border, so make sure you watch what you say, particularly about your boyfriend... a few bits of evidence tying you to Aus (rent statements, a letter from your employed saying when s/he expects you back at work, etc) would be good too

[rawr 0]

so i could just go there with my passport, and ofc they'd ask questions, would you have any idea what type of questions they'd ask?...

[gwenneh 7]

They will ask you how long you are visiting, certainly. They'll ask what the purpose of your visit is, and who you're visiting.

From there they may just wave you through, or they could ask you in-depth questions such as how much money you've brought, where you're staying, how do you know the person you're visiting, etc. Be prepared, and bring evidence of your ties to Australia! That way, if you are questioned, you can back up what you're saying.

You can always file the paperwork for the K-1 while you're here in March, nothing wrong with getting the process rolling while you're still in the country!

[rawr 0]

They will ask you how long you are visiting, certainly. They'll ask what the purpose of your visit is, and who you're visiting.

From there they may just wave you through, or they could ask you in-depth questions such as how much money you've brought, where you're staying, how do you know the person you're visiting, etc. Be prepared, and bring evidence of your ties to Australia! That way, if you are questioned, you can back up what you're saying.

You can always file the paperwork for the K-1 while you're here in March, nothing wrong with getting the process rolling while you're still in the country!

ok lets say.. 1 month, my purpose is well i suppose since im coming BACK to australia im visiting my boyfriend(or smarter to say friend?), for the month, im having a break before i go back to australia to study. eh, saying im staying with someone i met online wont help would it? ._. >_<

wow cant believe they can just knock you back like that once im at the airport, pretty intense :x, is it the same if he was to come visit me here in australia?

btw, i really appreciate your help :]

Edited November 23, 2007 by BebeAiyah

[Dan J 277]

They will ask you how long you are visiting, certainly. They'll ask what the purpose of your visit is, and who you're visiting.

From there they may just wave you through, or they could ask you in-depth questions such as how much money you've brought, where you're staying, how do you know the person you're visiting, etc. Be prepared, and bring evidence of your ties to Australia! That way, if you are questioned, you can back up what you're saying.

You can always file the paperwork for the K-1 while you're here in March, nothing wrong with getting the process rolling while you're still in the country!

ok lets say.. 1 month, my purpose is well i suppose since im coming BACK to australia im visiting my boyfriend(or smarter to say friend?), for the month, im having a break before i go back to australia to study. eh, saying im staying with someone i met online wont help would it? ._. >_<

btw, i really appreciate your help :]

If you mention boyfriend or fiance as the purpose of your visit, you may be asked to show evidence of ties to Australia. If you don't you may get sent home before you get a chance to see your boyfriend.

If you are allowed entry, don't overstay the visa, as it can cause problems for you if you do want to return later on a K-1 or another spousal visa.

[rawr 0]

eh so the ticket isn't even enough proof that i will be returning to australia? ..

oh geez, okay.. thank you so much for help, will be talking to my boyfriend about this now since his working right now for the black friday hehe... time difference

one more little question, is it often people get knocked back? ive got this whole picture in my head that ill have no chance dont think they'll let me through with just me teling them im there for one month, to visit my friend for a break from home before i come back and do my studies. *sigh..

thank you again.