K Jewels

I believe the medical is good for a year. I'm not sure where you are getting the 3-6 months from.

The visa is good for 6 months after date of issue, or the expiry of the medical, whichever comes first.

You need to deal with the consulate in Sydney, not the embassy in Canberra. They will respond to email only, you can't call them. The email address is sydneyIV@state.gov

The email that was sent to me for the interview process had linked this site:

http://canberra.usembassy.gov/med_exam_instructions.html

for the medical exam. Quoted:

"Each applicant is required to have a medical examination in connection with an immigrant visa application to the United States. You should, therefore, make an appointment for a medical examination with one of the doctors.

Medical reports are valid for three or six months from the date of examination, depending on the examination results. Your medical report must be valid at the time of your entry into the United States. If the report is valid less than six months, your visa will be limited to match the validity of your medical report. Please take this validity period into consideration when scheduling your medical appointment. "

This implies that at the time of interview should they approve the Visa will be valid for maximum of 6 months (if I did medical the same day), am I correct?

I send/reply email directly to sydneyIC@state.gov , they just haven't replied and it's been 2 days.

The I-864 allows someone like you working abroad who wants to return to the US with a new spouse to count any income that will continue after you return.

Since your AU income will continue after you come back to the US (since the income is from the same company), then you will be able to count it.

The reason others cannot not normally count the foreign earned income is that they usually leave their jobs when they return to the US. Since the income will end when they return, they can't count them.

That makes sense. But I am confused about the I-864. I just looked the form up online and this part was mentioned in Q/A...

"Does the NVC review I-864 Affidavits of Support for petitions filed at a post (embassy or consulate) abroad?

No. The NVC only reviews I-864 Affidavits of Support for immigrant visa petitions filed at an Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office in the United States. If the petition was filed at a post abroad or the petition was already at post when the NVC began to review I-864 Affidavits of Support, it will not review the I-864.

Unless the NVC communicates with you about the I-864, it is not a part of the I-864 review process."

I just reviewed our packets and don't see a request for the I-864. We only have request for the I-134. Am I missing something here?

Thanks

Ok I'm a bit worried now. I read on a different thread about not being able to show income from working in Australia as proof of support on the 134.


How do people who work overseas, meet their SO, and start paperwork for their partner to go back with them to the States?

I've been working here for 2 years now and sent in my tax documents as an expat. I don't want to involve any 3rd party family members for support as I do not need to. We have some money saved in the bank. I will be doing the same job when I return to the US with the same company as they have business in both the US as well as AU and other countries.


Any thoughts?

I am currently living with my fiance in Australia and can tell you (coming from the US) everything is so damn expensive here lol... I think the easy ballpark figure is about 2x what I normally pay for items in the US, sometimes as much as 3-4x.

We share a house in Melb CBD with housemates simply because it was convenient to get to. I was lucky to get a job even before I landed ( I didn't think I was lucky at the time) but it seems like jobs are harder to get here.

You gotta take into consideration the population in the US is about 14x the population of AU and could lead to less demand and increased prices. We would buy things shipped from China to the US for less cost and faster timing than from China to AU even though AU is a lot closer to China.

If it makes things easier look at things in percentages and compare things within the local economy vs cross comparison. I've lived here for almost 2 years now and still find prices appalling when comparing between the two countries. That said, we've managed to save money here based on my full time work and her part time work. Quality of life does feel a little better in the sense that there are a lot of holidays over here ( like a whole month off for xmas lol).

If you need assistance to get off your feet there is always Centrelink. We just manage and budget within range and still enjoy going out. There are ways to get things from deals (like paying $10 for movies thru Optus vs $20 at the door)... I think if you go on expat forums it would be more helpful.

I'm still looking into this but I think as Americans working in AU there is a $97k exemption on taxes, of course conditions apply.

Hope this gives you another perspective

**Post moved from K1 to Australia & NZ.

I moved your post to the Regional Forums, because your question is specific of your embassy. As a general rule, and as suggested by the previous poster, your best bet should be to contact the Embassy and present the situation directly to them.

Other peoples's experiences can be taken as references, but the embassy always has the first and last word.

Good luck

Thanks for moving my post to the correct forum. I did try to contact the embassy. I spoke with someone on the general line and they said the embassy (HQ in Canberra AU) does not answer questions over the phone. Being a US citizen and former civil servant (miltiary) I am quite disappointed at how helpful and for lack of a better word, unenthusiastic, the person handling the calls did.

I replied to email but haven't heard word from them. I know every experience is different and vary from consulate to consulate but I was hoping to find related experience for confidence lol

We were sent an email from US Consulate in Australia giving as an interview date for next month. They said if we can't make it and want to reschedule or cancel please respond withing 5 business days.

After reading about the medical exam and realizing that it is only valid 3-6 months at which time my fiance has to be in the US. This will not give us enough time to arrange moving as well as terminate employment.

In addition to that, the appointment date is actually in 25 days. Some of the documents including police check as well as birth certificate will take us possibly 2-4 weeks to procure. We are thinking to ask for rescheduling as far as 2 months later than the original date they gave us.

Would this be a problem? We don't want to appear ungrateful that they have processed our paperwork very fast during the final stages but at the same time we want to make sure that everything is in order.

We also read that the medical exam must be done before the interview yet there are some reviews of the interview in Sydney where people stated they didn't get it done until after or that their visa was approved but pending medical exam. I dunno where we got the idea that once VISA was approved we had a year to use it but as it turns out it is based on the expiry of the medical exam.

Any thoughts, experiences? Thanks

Not most, there are a few. Hoping this is up-to-date, and in that case, you can see which state laws apply to you; http://usmarriagelaws.com/search/united_states/divorce_laws/divorce_and_remarriage/index.shtml

Anything beyond that, I'd let someone else answer. I've never been divorced and don't have first hand experience. Good luck though - and hoping for a speedy journey for you : )

Thanks for the link

I can't even start the K1 right now because my ex of 12+ years decides she wants me to hand the paper in person. I really dont see a necessity for that and anticipating drama (i dunno why)... On the flip side I can't afford to waste time with doing a 1 sided divorce. Arrrghhh! Lol...

-J

Hehe! That would be a thrill with a drive thru divorce

I used to live in Vegas... now to re"establish" residency there in a short amount of time and initiate the divorce... Didn't know most divorces had a "cool-down" period... Why can't it be simple, especially mutual consent. I haven't seen or contacted my ex in over 10 years...

-J

Alrighty. This is very state dependent, even after you get divorced. Check if there's a waiting time from divorced until you can get married. I think it has been mentioned but it's important concerning the timing of you filing the petition.

Sorry you found out you have to go through the divorce now but am glad you located the ex-wife.

So used to FB... wish there was a "Like This" button lol...

Yeah... I might goto Vegas to get a divorce =o)

-J

Congrats on your engagement...like others have said you MUST locate your ex and determine your divorce status before anything else can even be contemplated. Wish you all the best

Thanks! I was about to pay an arm and a leg to locate divorce records. So I found an old email and was able to locate the ex. Found out I'm still married so gotta do the papers to get that done. Hopefully not another 60 days =(

-J

as i have read and many visa lawyers have tell everything goes by GROSS not net income and being self-employed and I use my ssn for business and my business is my name makes the gross easier to prove might have to send a dba show you are owner imo

Great!

@baron555

Great! Thanks! I've been working feverishly all day trying to get all the paperwork ready. Also waiting for Mar 1st (tmr) for the new form since the current one expires today. Probably the same thing but better safe than sorry. =o)

-J

hehe

hrmm... where does the letter intent come in during this process? I just got doen filling out only the I-129F... I'll read more

So you are saying all your phone texting (SMS messages) after downloading Whatsapp I can go back and email them one by one yucky but still I can and get them printed? Or how did you do it? This is the last remaining evidence I need phone text that I have not been able to get. Screen Muncher just isn't doing it and I like the time stamp just what will make immigration CO's happy.

Any information on how to get SMS messages would make my day thanks.

I think whatsapp is a standalone messenging program that logs its own stuff not skype. I've used it before. We usually IM using yahoo messenger which keeps excellent logs. Skype on the other hand is a bit tricky. Like if the Skype call was made through the PC then all the actions are logged. However, when I logged onto Skype.com and go into my account. There is absolutely no log for Skype-To-Skype calls as an option. I'm sure they store it on their server somewhere. We hardly text on Skype so there is no log of that. And the only other log we have are Skype to Phone calls, which we never do.

I was just hoping I had missed a way to access the skype call logs if the calls were initiated on an android/iOS phone... I tried downloading a lot of skype logging apps on the PC but it only pulls data from your PC not Skype's servers.

Hopefully I am wrong... Thanks everyone!

-J

Ahh, one more thing, you'll probably get the hang of it later in the process at interview stage. You fiancee, if having lived in other countries than home country for more than 6 months, has to get a police clearance/record from those countries. If it's only a matter of staying in a country for a couple of months(i.e. visiting) then don't worry about it.

Good to know... Thanks!!!

Yes you can visit on a visitors visa while waiting for yoru K1 approval.

If your partner wishes to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, she will require a visitor's visa (B-1/B-2) as you know, if you meet the conditions, travel visa-free.

If you get the visa great,however, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions- these decisions are non-negotiable and not up for discussion. So you could get your visitors visa, get there and be turned away anyway.

If you succeed in getting a visitors visa your financee would have to have substancial proof to show CBP that she was returning home and not intending to stay so she doesn't get turned away.

Why...why...why!!!! lol...

I guess I'll just null the risk and maybe use this as an excuse to visit your beautiful country a few times =o)

Btw... is it possible for her to reapply for B1/B2 visitor's VISA while I initiate the K-1? She has all intentions of returning.... We just want to be together that's all...

-J

@BrittandDan

Wow! Thanks for taking ur time to reply!

Sorry, didn't mean to say ex-Australian. I suppose you are correct, cause I do consider myself Vietnamese-American... =o)

She couldn't get VWP because she's a permanent resident of AUS. Her country of origin is Vietnam. She is elgible to apply for AUS citizenship I think later this year.

@moomin

1) I don't owe money to the IRS that I know of. I just need to properly file my taxes for the past 2 years. Long story, my original accountant disappeared after they filed for bankruptcy.

2) I can't locate my ex to even know where she filed. I wish we had a national tracking system... considering each state has it's own divorce laws. I just never bothered to follow-up all these years because it didn't occur to me that I wanted to get married again lol. Thus, leading to... I dunno how to do a proper divorce when I can't locate my ex. After reading the forums for the past 2 weeks+ and googling tons... I'm getting a bit lost in this particular matter.

3) This is a good sign I do understand that every case is different not to mention whoever processes the paperwork/interviewer will have a mind of their own :/ lol

4) Another good sign... She has been nervous about this and biting her nails. Kinda frusterating for her to get rejected so many times not to mention taking it personal and feeling a bit less of a person for not qualifying. I have been trying to reassure her that it's nothing personal (even though I'm not so sure myself at times why this has to be so difficult... lol)...

5) Unfortunately my days of deployment are over (at least for now). I was hoping my vet status would be considered. It took me 11+ years to get naturalized from the days of paying only $95 to the INS, to BCIS, and now USCIS/DHS. So many times they missed their promised deadlines and lost of paperwork. It finally took a letter I wrote to them stating that I was @ the Pentagon during 9/11 and Bush declared the attack as an act of war was I able to get a waiver on the filing fee ($495 at the time).

Thanks for your answers!

@ ann and aties

I was talking about my gross receipts. My business as an entity suffered a loss. I did pay myself as an employee at less than minimum wage. It's a bit complicated, I hope my new accountant can figure something out of the mess my other one had left behind. =o) I have no problem getting a co-sponsor though if needed.

Again, thanks everyone... I kinda got a lot of my answers if not encouraging responses.

I feel like I'm part of an AA support group, replacing AA with immigration issues lol.

BTW: To all

Should I pay a lawyer to handle the whole process? My only concern is that the luck I have with INS/USCIS over the years is not so promising and I don't want to lose precious time. However, I don't feel like hiring a lawyer who is gonna make me do the all legwork anyway and just send the package in as if I were sending it myself. I mean are do they prep you for interview questions in addition to making sure that we have all the proper supporting docs?

Needless to say, I definitely will read everything word for word and provide whatever docs I can get together. I'm psyched at the same time a bit anxiously scared of the whole process.

I have an android phone and I use it to make all of her calls. She uses mostly the windows version.

Is it possible to extract/get logs of calls made & duration off of the phone? I tried to pull from my online account but cannot find it.

Thanks!

-J

Hello all,

I've been lurking the forums for over a couple of weeks now and read numerous threads. It is very encouraging to read everyone's timelines and success stories. I hope that some of you could take the time to read this post and possible give me a bit of guidance =o)

Background info I am concerned about:

Me: Honorably discharged veteran. Naturalized citizen (after 10 years of requests... ). Currently self employed small busines owner. Behind

in about 2 years of taxes I need to finish filing. Was married @ a young age over 11 years ago. Was served divorce papers by the ex 2

years later but was not present to sign (was in the military traveling around).

Her: Recently received her permanent residency in Australia after being a student and getting a job there. Has traveled many other countries

with ease. Was denied student visa request to the US approx 7 years ago, 2x. Recently denied B1/B2 visitor's visa due to not having

compelling evidence that she was going to return.

Us: Known each other for over 2 years online. We both lived our separate lives but things started getting serious last fall around Sept 2012.

Decided to meet in our home country & meet her family Jan 2012. Spent the whole month of Jan there together. Decided we wanted to get

married soon and be together as soon as possible. Was told it was faster to do fiance visa instead of marrying first and then doing

spouse sponsorship. I plan on visiting her soon in May/June once the paperwork starts since she was denied travel visa.

Keying in my concerns:

1) I am currently working with my accountant to correct and bring my taxes up to date. Because of recent economic issues affecting my

business, I will be filing at a loss. I do have my parents business to co-sponsor if I need to meet sufficient income. However, even

operating at a loss, I still make more than the required income.

2) I cannot locate my ex to see if the divorce papers filed years ago went through or not. If it did I do not know where to file for an

original copy of the divorce. If I have to file for separate divorce again do I need to file in the state I was married or can I file in

current state?

3) Will the short amount of time we spent together affect their decision?

4) Will her denials for student visa and recent travel visa affect their decision?

5) Does my veteran status help at all? Will writing to my congressmen help at all?

Thank you everyone for taking your time to read my post. Hopefully some of you may have had similar experiences you can share =o)

BTW... Ex Australians, what were your average wait times from beginning to end? Thanks!

-J

Thanks everyone!

I'm spending a bit of time reading some of the older threads in the I-129F forum so I don't duplicate any questions. I think aside from having to get some stuff cleared up, my request for fiance visa is pretty much straight forward. Anyone sponsored fiance from the AUS? Just wanted to get an idea of average wait times. Especially Melbourne. I did check VJ's link to USCIS average wait times table already... I just wanted to see other people's personal experiences.

-J

Hi Everyone!

I stumbled on this board after spending the past month researching about the fiance visa. I've read quite a bit of threads and now getting all my paperwork in order to file the I-129F.

Anxious, Nervous, and a bit Overwhelmed at the moment as to where to start... Doesn't help that i'm a bit OCPD about things lol...

Anyway, this board looks really informative and I hope I can contribute with my experiences as well as learn from others =o)

-J