Trying to bring my Aussie boyfriend back with me!

[Artist 0]

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!

[t.holt 0]

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!

HI! I am in very similar situation and understand the confusion. I have lived and studied in Australia for the last two years, where I met my fiance and have had to fill the K-1 visa from here. You shouldn't have a problem. As long as you have reliable relatives. I have used my parents address in the US as my permanent address. They send everything to your listed permanent address. So my parents basically keep me updated if they see anything in the mail. Once you get the notice that they have received the application you get a case number and you can track it online. When it came to fill out the biography forms I wrote my current Aus. address as my current address. You can add a letter of explaination, just to be sure.

I had a problem with the payment though. It says you need to have a check drawn from a US bank using US funds and wasn't sure how to go about that. I called the consulate repeatedly to no avail. Then called immigration services in the US and the guy was no help and frankly was a huge jerk. I ended up asking my parents to write a check for the amount ($455) and transferred money to their account. Then sent the package to my parents who sent it from there home address with the check in US funds from a US bank. It doesn't state that check has to be from you, they just want the money.

The application has to be processed by the USCIS. Once you get the second approval from them then you get the interview with the consulate here. I'd suggest sending it to the processing center nearest to where ever you list as your permanent address in the US.

Also, my fiance is Swedish and although I am doing it all from Australia we are dealing with the US consulate in Sweden. They have posted on their website that the alien fiance/spouse must not leave the US until the USCIS process has been finalized and residency has been granted, otherwise your adjustment request will be considered abandoned and you will have to reinitiate the immigration process at the Embassy abroad. I have read that you can get permission to exit and re-enter but I think they need to exceptional circumstances. So as it looks you have to wait to visit Australia until the end of the process.

Our application was approved in about a month, so the fact that you don't currently live in the US shouldn't be a problem.

Hope that was helpful

[Mike T. 0]

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

How Does a Fiancé(e) Visa Work?

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

Filing the Petition

You must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition.

Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad

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

Edited May 7, 2008 by Mike T.

[Artist 0]

Thanks, t.holt! It's encouraging to know some others are confused as well! Such is the way with immigration, though, usually, I know! Such a pain! In regard to the payment in US dollars. I read through the Australian-US government site that I linked to that you could pay via credit card, and the transaction would just be converted and you'd get charged. Hopefully that'll be the case. That's sometimes cheaper than getting the banks involved and wiring and all. Thanks for all the other information.

Mike T., we do intend to live in the U.S., yes--probably in Texas or Nevada. Also, I read that information that you posted, about not being able to file abroad, but this is in direct conflict with everything written on the US embassy site in Australia (as well as in conflict with t.holt's experience, it would seem). According to this site (http://canberra.usembassy.gov/consular/visas/iv/fiance.html), we can file and do most everything here. That's why I'm a bit confused. There's conflicting information, and I can't tell which is the latest. Knowing the bureaucratic slowness of all governmental sites, too, makes it that much more impossible to tell, I think!

I've heard the K1 visa is approved more quickly than the K3, so I think we'd be better off doing that, considering all that we'll have to do between now and our move. My visa here, in Australia, expires in September 2009, so we're on that ticking clock as well... :-O

So we'd have to stay two years in the US before he could apply for PR?

[t.holt 0]

The link you refer to is for the interview. When you apply for the K-1 visa you have to apply with USCIS at whatever regional processing center. Once they receive your application you get a notification that they will process it. When they process the application they inform you if you have enough evidence to prove an ongoing relationship and so forth. If they feel they need more evidence or that some portion of the documents weren't filled out correctly they notify you, so you can fix it. Then you get a second notification if the approved or denied. Once approved your application moves from the US to your designated Consulate in Australia. The page you refer to states "This office has received a petition entitling you to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry an American citizen. To prepare for your interview appointment with a consular officer, please read and follow carefully the instructions below." The interview is conducted here. The petition entitling you to K-1 means that the USCIS gave the go ahead to initiate the procedures for a interview. The documents listed are needed for the interview. Things like the medical exam and affidavit of support aren't needed until the interview process. Other things like proof of relationship is needed for the initial application. I would suggest relying on the information listed on the USCIS website.

If you are still unsure call the consulate. As I said I had trouble with the method of payment. The USCIS website said if you were overseas (except Guam or US Virgin Island) to call your local consulate to arrange payment. I tried calling everyday for a week and left messages. No one ever answered back. Which leaves me to believe that they don't deal with the initial application for the visa.

Its all convoluted and headache inducing. Cover your bases and call the consulate.

[rebeccajo 14]

Your fiance will interview at the consulate of the country he is currently living in. So your Swedish man will still interview in Australia.

Read up on DCF. If you choose to marry now, you could likely use Direct Consular Filing as your visa of choice as you have been resident in Australia for more than 6 months.

[Liam and Sam 2]

Your fiance will interview at the consulate of the country he is currently living in. So your Swedish man will still interview in Australia.

Read up on DCF. If you choose to marry now, you could likely use Direct Consular Filing as your visa of choice as you have been resident in Australia for more than 6 months.

Direct Consular Filing is the first thing I thought of too. The American citizen must have resided in Australia for at least 6 months prior. If you email the Sydney Consulate or even call them I'm sure they could answer any questions. We emailed last year to see what the requirements were and they sent us all the info - I don't have it anymore though as we opted for the K1 route.