Mike T.

I've been studying in Australia for two years now, and have another year to go in my studies. My Australian boyfriend and I plan to go to the States to somewhere new after this. We're looking at the K-1 visa, but we're unsure about some things, whether it's the right one to apply for.

One thing we're concerned about is that I am not in the US and have no US address, outside of relatives' addresses. I'd just be returning with him when he enters. Is this okay? I don't need to be in the States for him to apply, do I? According to one of the US sites for Australia (http://canberra.usembassy.gov/consular/visas/iv/fiance.html), we should be able to lodge all the forms to the Sydney consular office.

He does freelance web design and development, so that shouldn't be a huge problem for him, though I'm guessing he'll still need to apply for some sort of work permit so he can begin paying through the rear to Uncle Sam. If so, which petition to work application should he lodge?

I read somewhere that the K-1 does not enable back and forth travel between countries, that it's merely an entrance, not an entrance and exit, visa. We'll want to visit Australia again, of course, so what should we apply for in regard to that?

Thanks very much in advance for any advice!

Here's my 2 cents. First, the K1 visa is an immigrant visa. Does you two plan to live in the U.S.? If not, the K1 isn't for you. If so, then great you are on the right track. However, the K1 MUST be applied for WITHIN the U.S. and CANNOT be applied for at a consulate or embassy. I would provide links to sites that say so but my connection isn't the best since I am lifting it from the neighbors

Well, I did it anyway. Here it is from the horses mouth, http://travel.state.gov/visa/immigrants/ty...types_2994.html

With that being said, the K1 is only if you want to come to the U.S. to marry. If you want to get married in Australia and then apply for the K3, the spouse visa then that is possible. The difference being that the K3 is for after you are married and then you want to bring your spouse. The K1 is for those who want to bring their fiance and marry in the U.S. Here is the webpage for the K3, http://travel.state.gov/visa/immigrants/ty...types_2993.html , and apparently you can apply for that at the consulate(don't quote me but it appears that way). If you are looking at marriage soon then that is the way I would go because while you are finishing school you can be in the process and when you are ready to back then the visa should be finished.

Regarding the work visa, that is called an EAD, Employment Authorization something or other. That will be part of the Adjustment of Status(Green card). That is a non-issue, meaning I would worry about that. To learn more about it, follow the AOS link on this site and look for the EAD. Besides, by the time you get the K1 or K3, you will know all about the EAD and AOS.

Lastly, the K1 like the K3 just gets your fiance or spouse, respectively, INTO the United States. You must file and start a completely seperate case, the AOS mentioned earlier, to KEEP him there. However, the backgroud checks and doctors appointments will be waived though. Hey, it's a plus!! K1s and K3s are only the precursors to immigration. Well, I hope that I didn't confuse you but I would strap yourselves in you are in for a ride!!

Mike

My husband was wanting to know if he could go ahead and get the vaccines he will need for the medical exam. Does anyone know if its okay for him to go ahead and get them now or should he wait for the medicial? I know some of the required vaccines he wont need, but the others, such as Hep B & Tetanus he could go ahead and get?

My fiance already has all the immunization shots etc but she still must see the doctor. It will still cost her quite a bit of money also. I would say don't rely on guesses but call the doctor and find out ( The Swiss embassy provided a list of doctors and phone numbers). My motto, if she will have to pay the same amount anyway, make it worth it - get the shots at the doctor. However, if it will save you money to get them at your doctor, then do that. Either way, call the doctor and find out the truth. If you are still waiting to hear back from the NVC then call the embassy and ask them for the packet early. That is what we did. They won't give it until you have been approved on the U.S. side. Once it is approved, call the embassy and they will send the packet(which should have the list of doctors), that should save you a bit of time. Hope that helps...

Mike

I alway err on the safe side. Our petition is going through California. It may be a bit slower. With our's we might have international guest coming to the wedding. The last thing I want to do is tell them that the wedding is post poned because the visa is processing slower than I thought especially once the already purchased their airline tickets. It seems as though ours might coomplete is about 8 months. I would look on the timelines for the Vermont office (on this site - NOT on the uscis site) and adjust your date accordingly building in a little breathing room. This is ofcourse in the event that you are going to have a typical wedding. After all that work why would you want to reschedule it. Just my 2 cents, take it or leave it.

Okay, One more thing. Thank you so much. You have been so helpful. I am from the U.S. and my fiance is from Switzerland. What shall we carry with us after marriage? Are the things that you carry because of your husband's K-1? Thanks again.

Mike

You would need to carry anything that proves that she will return to Switzerland once her stay in the US is up. Anything on my list is a pretty good indicator; also, things like mortgage agreements, tax statements from Switzerland (whatever the equivalent of Council Tax may be there!), your visa for Switzerland if you have one, a letter from her job stating when she'll be back, a school registration form showing she's got classes scheduled - anything that proves she's going back and has things to go back to. We carry our pile of papers "just in case"; we carried them before he had the K-1 and before we were married (sans marriage certificate, obviously!) just in case - and we have never needed anything beyond our itinerary with the return flight information.

"Be prepared", or something like that!

Thanks again!!! My fiance will be elated (as am I)!!

Mike

Just tell them the truth about why you're entering the US - visiting, going to Disneyland, seeing family, going to Las Vegas, whatever you're doing. You don't have to make up anything special for immigration - if you don't intend to immigrate, you're not hiding anything. If they ask if you're married (after you're married), say yes. While it may feel like a big thing, remember, you're not the only person coming through the POE in the same situation. Heck, you're probably not even the only person in that hour!

It's best to travel with proof of your ties to your country of residence. Russ and I travel with a packet of paperwork prepared in the event we get questioned (we never have - and keep in mind that he has an expired K-1 visa in his passport, proving that at one point he did have immigrant intent!) Our packet contains:

-Our tenancy agreement

-Our work contracts, both mine and his.

-Bank statements, both mine and his.

-My US passport with my UK residency visa stamped inside.

-Current utility bills with our address on them

-Our marriage certificate

(recently added) Our NOA1 for his CR-1, filed at London.

We carry this just in case we get stopped but to date have never needed it (touch wood).

Really, what you're looking to do is perfectly legal. Relax; you're not hiding anything! Just be ready for questions if they come; they may or may not be asked. If you are asked questions, answer them truthfully and as simply as possible. That's really it.

Okay, One more thing. Thank you so much. You have been so helpful. I am from the U.S. and my fiance is from Switzerland. What shall we carry with us after marriage? Are the things that you carry because of your husband's K-1? Thanks again.

Mike

If you are not settling in the US, it is perfectly legal to marry on a tourist visa. You do not need the K-1 unless you intend to settle in the US directly after marriage.

If you don't intend to settle in the US, filing for the K-1 is a waste of time and money for you!

What does she say about her intent to enter and every time we re-enter the U.S.? I guess I am curious because they are making sure that her intent is not to immigrate and if they find out that she is coming to get married they might think she is getting married or if they find out we are already married that we are planning on staying without going through the K-3 process. I am wondering what your experience has been. Thanks so much. This is good news.

Mike

Thank you Gwen. It helps that you too have done the very thing that I am asking because there are so many differing answers. I want to clarify and give you a situation. I would be heart broken if my beloved and I ran into problems entering the U.S. after our honey moon.

First, to clarify: As long as we don't file the AOS she can enter/leave as a tourist. When and if she decides to immigrate we want to settle in the U.S., we will then need to apply for a K3. Is that right?

The Scenario: Bring her over on a K-1 (I have heard it is illegal to marry on a tourist visa - but if it is not I would love to know because it would make alot of things easier - and this is under the assumption that she doesn't intend to immigrate). Marry within the allotted time limit (90 days). Go on honeymoon (which would entail leaving the U.S. via Canada before the 90 days are up *** not filing the AOS ****). Spend a few days and have her come back as a tourist.

Final Question: Will we need to provide proof that we have been married (i.e. marriage license)?

Final comment: I don't understand the logic behind making you file the AOS if you don't want to immigrate AND also making it illegal to marry on a tourist visa. If it were a sane world I would assert one of them to be false but reading through the uscis and state.gov website has driven me insane. Thank God for this site, truly!!

Blessings -

Mike

Hello all,

Thanks for reading. For my fiance, entering as a tourist is not a problem. However the greencard process will heavily interfere with our plans after marriage. Can we forego that process until we are ready to settle permanently in the US? Can she, after our honeymoon, reenter the U.S., as a tourist with no problems? It seems logical but does the goverment work logically? Thanks a bunch. It is much appreciated!!! B)

Mike

Thanks, that clears it up a lot. Congrats on the GC YuAndDan. I one more question but I will add another topic for it.

Mike

Q1. I have looked at the K1 guide many times and at comments and I am now confused. When are the I134 and I-864 needed. Are they for the USCIS here in American or the U.S. consulate in Switzerland?

Q2. Due to some volunteer positions I have held and some travel, the last few years I haven't made much and will, to be safe, have a cosponsor. Do they need to fill out both documents? I probably will do this to be safe but am curious.

Thanks a bunch.

Mike

Hello all,

This is a wonderful site and gobs of information. Thank you for sharing your wealth of knowledge. I have looked up travelling abroad and have not found much on it. My assumption is that everyone is trying to get their fiance to come to live in the U.S. However, my case is almost opposite. We want to marry in the states but after about half a year we will move over seas to work. My main question is what are our options?

Our plan was to apply for the K1 and then for the green card but then I found out that the GC process might take many months (longer than we want to wait) and is very tedious to keep when travelling outside the U.S. for more than a year. She will have no problem coming to the U.S. as a tourist, in fact she doesn't need a visa(for 3 months). Is the GC a necessity after the K1 - Fiance Visa? Could she visit as a tourist after that?

I hope everything makes sense. I will check often and try to explain things more if necessary. We would appreciate all the advice we can get. Thank you very much.

Mike T.