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That is visa fraud.
 
This just came up in a different thread...
 

That is visa fraud.
 
This just came up in a different thread...
 

That is visa fraud.
 
This just came up in a different thread...
 

You are going to need to give us some more information if you want some help with understanding how much longer it might be. One key piece of information is the service center that your case was sent to. Nebraska has been very slow lately, so if your case is there is may be a few more months before they get to it.
 
As far as what comes next and how long it takes after the I-130 is approved, have you read the guides yet? 
 

 
After you have read the guides then we can help answer specific questions that you might have, but the guides exist for a reason, that way we don't constantly have to be repeating the same information over and over and over again.

That is visa fraud.
 
This just came up in a different thread...
 

That is visa fraud.
 
This just came up in a different thread...
 

The fact that this would be visa fraud. You can not enter the US on a non-immigrant visa (except for a K-1 fiance visa or a K3 visa) with the intention to adjust status. However, if someone were to enter the US on a non-immigrant visa (such as a tourist visa, student visa, etc.) and then meet someone and decide to marry, then they could file for AOS. The difference is the intention when they pass through customs, in the later case they did not intend to marry and adjust, which is legal.
 
Now one important distinction that sometimes gets missed is that anyone is free to enter with the intention to marry, as long as they intend to then leave the US and file for the proper immigrant visa. The distinction here is that they did not intend to stay and go through AOS.
 
So to recap, it is legal to enter on a non-immigrant visa with the intention to marry, as long as you intend to leave within the allotted time, or to marry while in the US on a non-immigrant visa and file for AOS, as long as you are not trying to enter with the intention of doing so. Because it is visa fraud to intentionally enter the US on a non-immigrant visa (other than a K-1 or K-3 visa) with the intention to stay and file AOS.

Good luck, and no they really don't. Hopefully you are a patient person, USCIS seriously tests the patience of even the most patient person.

Also, because you have to go through aos there is additional money required and time before you can work. The benefit of the ir1/cr1 is that you automatically get the green card when you enter, and can immediately start working. For the k-3 you may get the visa a month or two faster, but the aos will take another 6 months - 1 year, and if I recall correctly is another ~$1000.

You are going to need to give us some more information if you want some help with understanding how much longer it might be. One key piece of information is the service center that your case was sent to. Nebraska has been very slow lately, so if your case is there is may be a few more months before they get to it.
 
As far as what comes next and how long it takes after the I-130 is approved, have you read the guides yet? 
 

 
After you have read the guides then we can help answer specific questions that you might have, but the guides exist for a reason, that way we don't constantly have to be repeating the same information over and over and over again.

There is no way to know for sure. Just take anything you can to help show that you will return to Australia. The letter from your employer is good. Do you own any property or any other significant assets? Have you visited the US before? A history of having complied with the regulations on previous entries is good. Just be honest and you will probably be fine.

Exactly (although the cost is actually $1225 for AOS now).

Also, because you have to go through aos there is additional money required and time before you can work. The benefit of the ir1/cr1 is that you automatically get the green card when you enter, and can immediately start working. For the k-3 you may get the visa a month or two faster, but the aos will take another 6 months - 1 year, and if I recall correctly is another ~$1000.

This is incorrect. It is 6 months from the medical or interview, whichever was earlier. Based on how things typically go it is often 6 months from the medical.
 
@durden2128 On what basis you you want to delay things? I think you would have to have a VERY VERY strong reason to delay. I doubt that they would allow an extension once the visa is issued, but feel free to give us some more information on the circumstances and we can give you our thoughts.

This is incorrect. It is 6 months from the medical or interview, whichever was earlier. Based on how things typically go it is often 6 months from the medical.
 
@durden2128 On what basis you you want to delay things? I think you would have to have a VERY VERY strong reason to delay. I doubt that they would allow an extension once the visa is issued, but feel free to give us some more information on the circumstances and we can give you our thoughts.

Thanks, I am aware that it is technically still on the books and available. What I don't get is why, if they were being so "helpful", they would have only presented the op with the k3. Plus, from everything that I have heard about and experienced with uscis, I'm just surprised they were taking so many steps to help op (giving all kinds of forms, etc.). I realize they do have to make the forms available, just seems way more helpful than what I've ever heard/seen from the uscis. That's why I was wondering if it might actually be some sort of consulting company (like rapid visa, etc).

A k-1 visa is for a USC to bring their fiancé into the us, get married, and then stay while they file the paperwork for their spouse to become an LPR and get the green card. Your fiancé will not be a USC for quite a while, so you won't be eligible. They simply moved your posting to a section f the site that is more appropriate for your situation.

It only freezes while the petition is being adjudicated, not from the time the petition is filed until the visa application is approved. So if filing an I-130 and it takes 8 months to approve but then sits for 5 years waiting for a visa to become available, then you would still have to be 21 years and 8 months old for the visa. CSPA doesn't give you credit for the time spent waiting for the visa to become available, only the time it takes uscis to approve the petition. So mostly it would help if you have a loooooong wait with uscis to approve the petition.

And just to add, the process is a little longer than for a USC petitioning for a spouse. Once the petition (I-130) is approved you will have to wait for your priority date to become current (for a visa to become available) so that you can continue on to the visa application. I believe that the current timelines are about 2 years from when he files the I-130 until you are likely to have your green card. USC don't have to wait between when the I-130 is approved until starting to apply for the visa since a visa is automatically available immediately for the spouse of a USC.

A k-1 visa is for a USC to bring their fiancé into the us, get married, and then stay while they file the paperwork for their spouse to become an LPR and get the green card. Your fiancé will not be a USC for quite a while, so you won't be eligible. They simply moved your posting to a section f the site that is more appropriate for your situation.

And just to add, the process is a little longer than for a USC petitioning for a spouse. Once the petition (I-130) is approved you will have to wait for your priority date to become current (for a visa to become available) so that you can continue on to the visa application. I believe that the current timelines are about 2 years from when he files the I-130 until you are likely to have your green card. USC don't have to wait between when the I-130 is approved until starting to apply for the visa since a visa is automatically available immediately for the spouse of a USC.

It only freezes while the petition is being adjudicated, not from the time the petition is filed until the visa application is approved. So if filing an I-130 and it takes 8 months to approve but then sits for 5 years waiting for a visa to become available, then you would still have to be 21 years and 8 months old for the visa. CSPA doesn't give you credit for the time spent waiting for the visa to become available, only the time it takes uscis to approve the petition. So mostly it would help if you have a loooooong wait with uscis to approve the petition.

Your plan doesn't make sense. With the k-1 visa you have to enter the us, get married, and then file for adjustment of status. When you apply for adjustment of status you will need to apply for ead and ap to allow you to work and leave and reenter the us while you wait for the green card. It will likely take 3-4 months for your ead/ap to be approved.
 
From what I understand your other visas may actually be cancelled when they issue your k-1 visa.
 
Seems that you did not completely understand the process before you started and picked the wrong visa or at least the wrong timing for your situation.

You are applying for a spousal visa (husband is outside of the us) or doing an adjustment of status (husband is currently inside the us)?
 
if you are applying for a visa then there is no I-485 involved.

Your plan doesn't make sense. With the k-1 visa you have to enter the us, get married, and then file for adjustment of status. When you apply for adjustment of status you will need to apply for ead and ap to allow you to work and leave and reenter the us while you wait for the green card. It will likely take 3-4 months for your ead/ap to be approved.
 
From what I understand your other visas may actually be cancelled when they issue your k-1 visa.
 
Seems that you did not completely understand the process before you started and picked the wrong visa or at least the wrong timing for your situation.