Have a number of questions, K1vsK3/CR1, AP, income, etc

[Jon Anderson 0]

Good day, have a number of questions. I'm a US citizen, and wish to marry my fiance from NSW, Australia, and have her live here in the states for at least the next 5-6 years. We may move back to Australia after my children have graduated HS.

To start, we are still trying to decide which visa to go for. From what I have been hearing/reading, the K1 is the fastest. However we really wanted to marry in Australia so her family could be there for this event. We could do a non-legal ceremony there later if we had to. My biggest concern over the K1 visa is the AP requirement. She spent 18 months battling a bone marrow disease that really should have killed her. While she beat it, and was well enough to travel here and stay for almost 3 months on a visa waiver program, should the unthinkable happen and she suffer a relapse, we'd need to get her back home ASAP for treatment.

The requirement for an AP, I assume, starts the day she arrives here on the K1 and if I'm reading things right, stays in effect until she obtains Green card status. Is this correct? Can we file for AP as soon as she arrives, knowing it does take a while, and have it in our back pocket in case it's needed?

Outside of wanting to marry there, this is the biggest reason for considering K3 - CR1/IR1 visa. The CR1/IR1 however also has the benefit of letting her find work a lot sooner than if she came in on the K1.

Also, on income and such.... She's been out of work for 2 years due to the illness, but prior to that, put herself through University and became a nurse. She holds every credential a nurse can have, and can obtain excellent letters of reference from the past administrator of the hospital she worked at (who just retired) as well as several other well respected medical professionals.

She is also studying for a degree in psychology. Not a lazy sort at all, she is itching to get over here and help out at my end.

My end... self employed as a machinist in a semi-rural area. Economy has not been kind lately. Regarding my income, do they look at my gross income or taxable income? Last year was a disaster and this year has been no better, though picking up finally.

I fear I'm going to be right in the range where my ability to support might be in question, need to know which numbers they care about. I am also looking for full time work, taking my business to part time. This will vastly help the numbers game.

She would like to come back to visit later this year for another month or two, again on a visa waiver program. Might this affect any of the visa options we are looking at?

That's about all I can think of at the moment, I know I'll have plenty more soon....

Thank you in advance,

Jon

[KarenCee 3]

The answer to all your questions can be found in the Guides section here:

http://www.visajourney.com/forums/index.ph...amp;page=guides

Read through the Guides and if there's something you just don't understand, ask away! Welcome to VJ and good luck on the journey.

[payxibka 10,045]

The requirement for an AP, I assume, starts the day she arrives here on the K1 and if I'm reading things right, stays in effect until she obtains Green card status. Is this correct? Can we file for AP as soon as she arrives, knowing it does take a while, and have it in our back pocket in case it's needed?

Outside of wanting to marry there, this is the biggest reason for considering K3 - CR1/IR1 visa. The CR1/IR1 however also has the benefit of letting her find work a lot sooner than if she came in on the K1.

No, interim benefits cannot be applied for until after marriage.... This includes AP and EAD.