Confused

[MissBecs 0]

Ok I am an Australian and wanting to marry an American, I have no Idea which Visa to apply for! we were originally considering the K1 but after speaking to a friend of my mothers who has just recently gone through the same thing ... she has advised me to go for the K3. She seems to think that if me and my partner were to marry in USA that we could then apply for the K3 in USA without me having to leave him is this true? was told that the only negative to this is that I am then unable to go back to Australia for anything until it is approved. She did not do this as she had a son back in Australia and could not leave him like that. Apparently she hired a lawyer who gave her this info.

Can anyone give me any advice on what I should do? I was always told that getting married first then applying was the longest way! I am already struggling being away from him for 2 months.. I hve no idea how people can manage it for 12 months or so! any advice on what I should do would be appreciated

[pushbrk 12,898]

Ok I am an Australian and wanting to marry an American, I have no Idea which Visa to apply for! we were originally considering the K1 but after speaking to a friend of my mothers who has just recently gone through the same thing ... she has advised me to go for the K3. She seems to think that if me and my partner were to marry in USA that we could then apply for the K3 in USA without me having to leave him is this true? was told that the only negative to this is that I am then unable to go back to Australia for anything until it is approved. She did not do this as she had a son back in Australia and could not leave him like that. Apparently she hired a lawyer who gave her this info.

Can anyone give me any advice on what I should do? I was always told that getting married first then applying was the longest way! I am already struggling being away from him for 2 months.. I hve no idea how people can manage it for 12 months or so! any advice on what I should do would be appreciated

K3 is generally a poor option anyway but the K3 process still requires the beneficiary get a medical and interview in their home country or a third country where the marriage took place. You don't just stay in the US. Visas, are used to enter countries, so they are not issued to people already inside the border. Perhaps the suggestion was to enter on the VWP, marry and adjust status. To carry out such an intention is visa fraud. The "fastest" course when you've already met but are in separate countries, is the K1. Mostly, it's fastest because the process can be started right away, where for any spouse visa, you'd need to wait until you can marry before starting the process.

I suggest you make your life plan, then follow the immigration path that fits the plan. Start with the Guides here instead of listening to others who may have vastly different circumstances they are dealing with.

[Otto 83]

First of all - as with many things in life - there is a right way and a wrong way to do things (and of course there are people who will do one or the other).

Secondly - a visa's sole purpose is for entry to the US - you can not get a visa while living in the US (you're already here) so no K3/CR-1. All bets are off on Visas.

Is it true you 'could' come, marry and remain? Yes - people have done this and been successful - However, you should be aware that there is more potential 'negative things' than not being able to return to your home country until you received your PR/Green Card. The potential risk that come from attempting to circumvent the rules/laws could be, being deported and/or banned from US entry is certainly enough (usually) to make people want to do things the right way.

There may be some folks that will tell you the government will focus on your intent - did you intend to come to the US on a tourist visa, marry and remain... Which the government certainly might/will - these same folks might tell you to come up with a 'spontaneous marriage' story - this bring with it 'risk.' A risk most of us are/were not willing to take.

[blue123 0]

Ok I am an Australian and wanting to marry an American, I have no Idea which Visa to apply for! we were originally considering the K1 but after speaking to a friend of my mothers who has just recently gone through the same thing ... she has advised me to go for the K3. She seems to think that if me and my partner were to marry in USA that we could then apply for the K3 in USA without me having to leave him is this true? was told that the only negative to this is that I am then unable to go back to Australia for anything until it is approved. She did not do this as she had a son back in Australia and could not leave him like that. Apparently she hired a lawyer who gave her this info.

Can anyone give me any advice on what I should do? I was always told that getting married first then applying was the longest way! I am already struggling being away from him for 2 months.. I hve no idea how people can manage it for 12 months or so! any advice on what I should do would be appreciated

We were in the same position, I went over in January we got married and filed for the CR-1 and K3 (but shouldnt have bothered with the K3 as this was approved same time as CR-1) I came home within the time limit and our case is now at NVC so I dont have much time now to sort everything out, we may have been done by now if I wasnt waiting for documents. By doing same thing you can stay a while with him in USA then return home get your things in order ready to move while they are dealing with your case. It seems to depend on which service center you will be going through as to how quick everything goes.

Good Luck!

[MissBecs 0]

Thanks Yes having read some more... I realise what she was suggesting was illegal, certainly do not want to do that! I would much rather wait and have a higher chance of things being approved! I guess its back to looking at the K1 does anyone know if you can visit the US once you have applied for this visa?