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Filed: K-1 Visa Country: Australia
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Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks

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Filed: Other Country: China
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Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks

Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.

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Filed: AOS (apr) Country: Philippines
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DCF?

Except they indicate in the plan is to get married in the US after this long journey... not before or during....

YMMV

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Filed: K-1 Visa Country: Australia
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Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks

Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.

Thanks for your help. What is RFE? Do you think this means we can stay together the entire time?

One more question, if you don't mind.. as a lot of my family cannot travel to America for a wedding, we were hoping to have a wedding in Australia before we leave for America. I understand that you can't be married when you apply for this visa. If we still intend to go through with the wedding in the US, does this matter? It would simply be a ceremony for those who can't make it to the US.

DCF?

Except they indicate in the plan is to get married in the US after this long journey... not before or during....

I was under the impression DCF was no longer available?

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Filed: K-1 Visa Country: Finland
Timeline
Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks

Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.

Thanks for your help. What is RFE? Do you think this means we can stay together the entire time?

One more question, if you don't mind.. as a lot of my family cannot travel to America for a wedding, we were hoping to have a wedding in Australia before we leave for America. I understand that you can't be married when you apply for this visa. If we still intend to go through with the wedding in the US, does this matter? It would simply be a ceremony for those who can't make it to the US.

DCF?

Except they indicate in the plan is to get married in the US after this long journey... not before or during....

I was under the impression DCF was no longer available?

DCF is back, with certain restrictions. He has to have lived in Australia for (I believe) 6 months. Problem is that it's not approved as quickly as it once was, thanks to the Adam Walsh background checks.

You can't be married to apply for a K-1, that's correct -- but if you want to marry in Australia and come to America, you can use the K-3 instead. So if he's to be there for seven months and you want to get married there, why not get married when he gets to Australia and then submit a K-3 application from there? Seven months should be at least the lion's share of the wait.

RFE is Request For Evidence. It's what you get if USCIS wants to see something you didn't include with your application. Fear of RFE's results in USCIS receiving some rather outlandishly detailed applications :blink:

Hope this helps!

Some people say I'm easily distracted, but that's not... Hey! A squirrel!

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Filed: K-1 Visa Country: Australia
Timeline
Hi there everyone - I am new to this forum and I have a quick question.

My fiance and I are currently in America. I am Australian, he is the US citizen. We have spent the last four years since we met travelling to various countries so we could be together. We have just spent a year living in London, where I could work but he couldn't, just to be together. We are now in America for two months before travelling to Australia to live for seven months (the longest he can stay). After that, we plan to come back to America to get married.

My question is this: we would like to try and stay together the entire way through the process, as we have already spent far too much time apart in the past. If he files while we are here, once that goes through, can we both travel to Australia as planned and complete the rest of the process there together? How long will it take for him to file here? We are leaving at the end of October, so at what point would it be best to file?

Also, once we are in Australia, if it all goes through, am I right in thinking we have six months to leave Australia and get to America and THEN a further 90 days to get married?

Finally, we have both had fairly up-and-down employment histories the past few years, due to all our travelling and the fact that I can't work in America and he can't work in England, etc. If our parents are willing to co-sponsor us, will this be a problem if we have no pay slips, etc?

Any help would be appreciated! Thanks

Normally I would advise your fiance to file the I-129F petition at least two months before you leave for Australia, if possible. This will allow him to respond to any potential requests for additional evidence. Since that's all the time you have, file the petition ASAP. You'll probably be using his parent's address in the US anyway, so any RFE could be forwarded and dealt with. You aren't really in such a hurry it will make a lot of difference. Parent joint sponsors are common.

You have the timing correct. After the visa issue date, you have six months to enter the US using the visa. Then you must marry within 90 days of entry.

Thanks for your help. What is RFE? Do you think this means we can stay together the entire time?

One more question, if you don't mind.. as a lot of my family cannot travel to America for a wedding, we were hoping to have a wedding in Australia before we leave for America. I understand that you can't be married when you apply for this visa. If we still intend to go through with the wedding in the US, does this matter? It would simply be a ceremony for those who can't make it to the US.

DCF?

Except they indicate in the plan is to get married in the US after this long journey... not before or during....

I was under the impression DCF was no longer available?

DCF is back, with certain restrictions. He has to have lived in Australia for (I believe) 6 months. Problem is that it's not approved as quickly as it once was, thanks to the Adam Walsh background checks.

You can't be married to apply for a K-1, that's correct -- but if you want to marry in Australia and come to America, you can use the K-3 instead. So if he's to be there for seven months and you want to get married there, why not get married when he gets to Australia and then submit a K-3 application from there? Seven months should be at least the lion's share of the wait.

RFE is Request For Evidence. It's what you get if USCIS wants to see something you didn't include with your application. Fear of RFE's results in USCIS receiving some rather outlandishly detailed applications :blink:

Hope this helps!

Hi there

This has been really helpful to us. It sounds like DCF would be perfect for us as it would enable us to get married in Australia and then continue with our plans to go to the US. I assume, once in the US, we could have another ceremony if we liked?

Do you know what the chances are of DCF being cut again? We probably wouldn't get married until April or May, so I don't want to wait that long if it's not going to be around any longer?

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Filed: AOS (apr) Country: Philippines
Timeline
Hi there

This has been really helpful to us. It sounds like DCF would be perfect for us as it would enable us to get married in Australia and then continue with our plans to go to the US. I assume, once in the US, we could have another ceremony if we liked?

Do you know what the chances are of DCF being cut again? We probably wouldn't get married until April or May, so I don't want to wait that long if it's not going to be around any longer?

Whenever you are in a era of loud vocal calls for immigration reform no one really knows... in addition, the item that caused the most recent debacle with DCF was an clause slid in on an unrelated piece of legislation....

YMMV

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