Need Advice on which Visa to pursue

[JoIan 0]

Hi everyone,

My fiance and I are trying to decide the best course of action for pursuing a visa. He is Australian and I am American. We are expecting a baby in February and would like to be together as a family as soon as we possibly can.

He is in the process of a divorce which should be final in November.

Originally, our thought was to apply for the K-1 visa but we realize that it would be very unlikely to get it before the baby is born and he definitely wants to be here for that even if he simply comes over on a visa waiver.

Should we:

1) Go ahead and apply for the K-1 visa when the divorce is final and have him come over for a visit on VWP when the baby is born, then continue the wait for the k-1 when he goes back?

2) Have him come over on VWP and get married while he is here (which would allow us to be married before the baby is born) and then have him go back to Australia and apply for the K3 - or better yet the I-130?

3) If he were to come over for a visit to see the baby born and we got married while he was here, could we begin the process for the I-130 while he was here? i.e. mail off all of the forms and things? (He would still be going back to Australia when his visit was over)

4) We've decided that the direct consulate is not the way to go for us because it would require me travelling to Aus which, because of my pregnancy and the travel limitations of that, would delay us further.

We just want to do this the right way. We want to be together very much and I don't want him to miss any more of the baby's first year than he has to.

We appreciate any advice/input you can offer.

Thank you!

Jo

[Tim and Bethanie 1]

No one can tell you what is best for your situation. My thoughts on it however as far as time apart goes, if he is divorced in November you file for the K-1, he flies over in late January for the babies arrival (two months already into the process-time is going by) he stays on the VWP for the 90 days allowed (provided he has enough ties and proof he will return home) and now you are already 5 months through the process and should be nearing completion soon. If you go for the K-3 and the scenario is he flies over lets say december you marry and start the process he is here the same 90 days allowed on the vwp it will not be long after the baby is born that he will have to leave only buying you the three months again but less time for him with baby. Just things to think about! I would want my OH around for the birth and more time afterwards rather than before.

[YuAndDan 153]

K3 is the same as DCF, it requires you to travel to Australia and get married there. Best bet would be to have him visit for birth then do K1 after he returns to Australia, Start the paperwork while he is visiting filling out the G-325A, Fiance Letter of Intent, I-129F ect so that he can sign and help make sure details are correct on those forms.

Be aware that sometimes the USCIS frowns upon marriage happening on a visitor's visa.

DCF usually assumes you are living in the foreign country.

I recomend the Guides on this site, and also get a copy of "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, It explains all the options.

[Tim and Bethanie 1]

K3 is the same as DCF, it requires you to travel to Australia and get married there. Best bet would be to have him visit for birth then do K1 after he returns to Australia, Start the paperwork while he is visiting filling out the G-325A, Fiance Letter of Intent, I-129F ect so that he can sign and help make sure details are correct on those forms.

Be aware that sometimes the USCIS frowns upon marriage happening on a visitor's visa.

DCF usually assumes you are living in the foreign country.

I recomend the Guides on this site, and also get a copy of "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, It explains all the options.

Neither DCF or the K-3 require that you marry in Australia.

The USCIS does not frown upon marriage on a visitors visa otherwise how would couples get married? Everyone needs to leave the country to get hitched? So long as he leaves if they do decide to get married there is no harm done!

[aussiewench 9]

K3 is the same as DCF, it requires you to travel to Australia and get married there. Best bet would be to have him visit for birth then do K1 after he returns to Australia, Start the paperwork while he is visiting filling out the G-325A, Fiance Letter of Intent, I-129F ect so that he can sign and help make sure details are correct on those forms.

Be aware that sometimes the USCIS frowns upon marriage happening on a visitor's visa.

DCF usually assumes you are living in the foreign country.

I recomend the Guides on this site, and also get a copy of "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, It explains all the options.

Hmmmmmmmm very confusing post.

*K-3 nor DCF requires you to travel to Australia and get married there. One can get married anywhere.

*The K-3 interview is held in the country marriage took place, wherever that was.

*DCF in Australia does not require that the USC is a resident. It is one of the very few consulates that allow this.

*One can get married in the US on a visitors visa or VWP. Many of us have done this including myself. It is only illegal to enter the US on such with intent to immigrate.

*Not so sure on the recommendation of that guide if what you stated was included in it

[Boiler 45,153]

K3 is the same as DCF, it requires you to travel to Australia and get married there. Best bet would be to have him visit for birth then do K1 after he returns to Australia, Start the paperwork while he is visiting filling out the G-325A, Fiance Letter of Intent, I-129F ect so that he can sign and help make sure details are correct on those forms.

Be aware that sometimes the USCIS frowns upon marriage happening on a visitor's visa.

DCF usually assumes you are living in the foreign country.

I recomend the Guides on this site, and also get a copy of "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" by NOLO, It explains all the options.

Hmmmmmmmm very confusing post.

*K-3 nor DCF requires you to travel to Australia and get married there. One can get married anywhere.

*The K-3 interview is held in the country marriage took place, wherever that was.

*DCF in Australia does not require that the USC is a resident. It is one of the very few consulates that allow this.

*One can get married in the US on a visitors visa or VWP. Many of us have done this including myself. It is only illegal to enter the US on such with intent to immigrate.

*Not so sure on the recommendation of that guide if what you stated was included in it

DCF Australia sounds the answer. When you and the baby can travel.

Sounds like you need to avoid the book.

He is not guaranteed entry on the VWP, but if he has a job etc and he evidences it then hopefully he will make it.

Have the baby in Australia?

Edited August 23, 2006 by Boiler

[aussiewench 9]

JoIan

I wouldnt eliminate the DCF so quickly either.

Say divorce is finalised Nov/Dec, then you file to do either the K-1 or K-3 route. Either of these, you are possibly looking at 5-6 months (maybe longer depending on the service center you have to file with) before the interview. This would take it up to mid year before hubby would have a visa.

DCF route

Nov/Dec divorce final. Have him visit to see baby born and marry. File the initial paperwork for DCF. Realistically you can complete the DCF process and have CR-1 visa in hand either same time or before would have the K-1 or K-3. The CR-1 would also give hubby immigrant status on entry and he would be able to work.

As for hubby visiting either before or once petitions have been filed, he runs the risk of being denied entry as a baby due has added to them seeing him as having immigrant intent.

All the best to you both and on the upcoming birth of your baby.

Lorelle

Edited August 23, 2006 by aussiewench

[JoIan 0]

Ok, I think maybe I was misunderstanding how the DCF works before.

And Tim and Bethanie, good point about the K-1 already being in process.

sounds like these are some good options to consider.

The primary reason for not having the baby in Australia would be health insurance for me. Again, these are things I'd have to research.

Fortunately I have a job that is pretty flexible with allowing me time off so I may be able to swing the DCF depending on the length of time that would be required for me to stay in Australia...

The secondary reason for not wanting to live permanently in Australia is that my fiance's mother and some aunts that he's not very close with are the main family he has there, whereas my mother and father are here as well as my many brothers, sisters, nieces etc. When thinking in terms of having family support unit, we were thinking it best to come here.

Just thoughts

Sorry if this post sounds a little scatterbrained. It's those darn pregnancy hormones!

[Tim and Bethanie 1]

Ok, I think maybe I was misunderstanding how the DCF works before.

And Tim and Bethanie, good point about the K-1 already being in process.

sounds like these are some good options to consider.

The primary reason for not having the baby in Australia would be health insurance for me. Again, these are things I'd have to research.

Fortunately I have a job that is pretty flexible with allowing me time off so I may be able to swing the DCF depending on the length of time that would be required for me to stay in Australia...

The secondary reason for not wanting to live permanently in Australia is that my fiance's mother and some aunts that he's not very close with are the main family he has there, whereas my mother and father are here as well as my many brothers, sisters, nieces etc. When thinking in terms of having family support unit, we were thinking it best to come here.

Just thoughts

Sorry if this post sounds a little scatterbrained. It's those darn pregnancy hormones!

I see the wench is here, going to leave her too it. Good luck whatever you choose, hoping for a speedy journey, a safe delivery and wonderful reunion for your family when this is all over!

[aussiewench 9]

JoIan

To find out more of how DCF works here in Australia there are quite a few threads in the DCF forum that are specific to australia. The time needed for you to be in australia is very minimal, the only thing you would need to consider is the timing as far as baby is concerned.

I had 3 out of 4 of my babies through the public health system here in australia and no complaints at all. I was very well taken care of. My last baby I had through private health insurance under my own doctor and it was the pits. Our public health system is a lot different then it is here in the US.

I seriously think that DCF is the fastest and easiest option for USC/Aussie wanting to marry and do immigration.

Edited August 23, 2006 by aussiewench