Visiting USA after applying for K1

[MissBecs 0]

Can someone please help me with some things? I am considering the K1 Visa, I am Australian and wanting to marry an American. Once I have applied for this visa am I then also able to go visit him while waiting for approval? I was told I am but willl just need to prove ties back home such as work or a lease... only problem is I am not currently working due to stupidly quitting to go there for 90 days in December, came home to find NO jobs and struggling to get even an interview! so I have no work ties... and nor do I have a lease! any other ideas I could use?

This process is so very confusing! I have no idea which visa to choose. I have people telling me to do this then others telling me to do the K3. I really just want whatever is the fastest and easiest way I wish I could afford to hire a lawyer! because I seem to be getting nowhere!

[Bobby+Umit 161]

With the info provided, you would have a tough time showing "strong ties" - the only thing you would have left would be a return ticket.

That would enough.

Pick of a visa is a personal choice, check the guides above and see what fits your lifestyle.

Good luck

[Marina-Del 10]

Most of us here will tell you that hiring a lawyer is pointless. They cannot do anything that you can't do yourself and sometimes they can cause further delays in your process! So since you've found VJ, don't even think about getting a lawyer, unless your case some sort of crazy twist we don't know about yet! But for the most part, there is no need for a lawyer.

In general, the K-1 is faster than the K-3, you can take a look at the immigration timelines up at the top and see this for yourself. Again, almost always the K-1 is faster, so this is probably your best bet.

As for if you can visit the US, this is a trickier matter. Yes, you can. There is nothing in law that says that you can't. Since you are Australian and come from a low-fraud country, they might not even ask for proof from you for ties at home. They might ask you the normal questions they have asked you on every visit you have had to the US and let you in no problem. But then again, they might ask you more questions and based on what you have said, you do not have enough evidence to show you will be going back home. No job, no home (I assume you live with your parents?). This to me and any immigration guy says that you might not go back home. Again, since you come from Australia most likely they wouldn't even require these things from you, but they might and then you might be turned away and have to pay your own way back to Australia! Since you just visited in December then I would say you are even less likely to be let in because that was so recent. You can search for tourist visa during K-1 or something to that affect and find TONS of topics about this and see others experience. Or, you can post in the Australia forum and ask for peoples their experience as it should be more or less the same as yours.

Good luck!

[MissBecs 0]

Most of us here will tell you that hiring a lawyer is pointless. They cannot do anything that you can't do yourself and sometimes they can cause further delays in your process! So since you've found VJ, don't even think about getting a lawyer, unless your case some sort of crazy twist we don't know about yet! But for the most part, there is no need for a lawyer.

In general, the K-1 is faster than the K-3, you can take a look at the immigration timelines up at the top and see this for yourself. Again, almost always the K-1 is faster, so this is probably your best bet.

As for if you can visit the US, this is a trickier matter. Yes, you can. There is nothing in law that says that you can't. Since you are Australian and come from a low-fraud country, they might not even ask for proof from you for ties at home. They might ask you the normal questions they have asked you on every visit you have had to the US and let you in no problem. But then again, they might ask you more questions and based on what you have said, you do not have enough evidence to show you will be going back home. No job, no home (I assume you live with your parents?). This to me and any immigration guy says that you might not go back home. Again, since you come from Australia most likely they wouldn't even require these things from you, but they might and then you might be turned away and have to pay your own way back to Australia! Since you just visited in December then I would say you are even less likely to be let in because that was so recent. You can search for tourist visa during K-1 or something to that affect and find TONS of topics about this and see others experience. Or, you can post in the Australia forum and ask for peoples their experience as it should be more or less the same as yours.

Good luck!

Yes I was thinking the same thing about it being so close to my last visit! I am considering just going to visit him one last time before we apply and then just deal with not seeing him for however long it takes. It sucks that he is in the army and is unable to get leave for 12 months as well! so no option of him coming to see me either! we have read through most of the options and I think this one is what we will go for!

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person! hopefully the fact his last marriage lasted so long and they had children together might help to prove he isnt just out to get ppl into the country! crossing my fingers anyway!

Thanks for your help I have been reading over these forums for the past few days and been a bit hesitant in asking questions, but glad I finally did because it was just doing my head in trying to understand it all!

[Marina-Del 10]

Yes I was thinking the same thing about it being so close to my last visit! I am considering just going to visit him one last time before we apply and then just deal with not seeing him for however long it takes. It sucks that he is in the army and is unable to get leave for 12 months as well! so no option of him coming to see me either! we have read through most of the options and I think this one is what we will go for!

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person! hopefully the fact his last marriage lasted so long and they had children together might help to prove he isnt just out to get ppl into the country! crossing my fingers anyway!

Thanks for your help I have been reading over these forums for the past few days and been a bit hesitant in asking questions, but glad I finally did because it was just doing my head in trying to understand it all!

His previous marriage should not be a problem. Did he bring his German wife over on a K-3 visa (or any other type of marriage visa)? It sounds like from you post that they spent the entire marriage in Germany? Is she in the US with the kids now too? Just asking. Either way, it shouldn't be a problem. The American citizen is allowed two visas (without asking for a waiver) and as long as those visas are more than 2 years apart, then you don't have to ask for a waiver. He was married for 8 years, regardless of kids, it wont be an issue! Don't even worry about it! Just make sure you have all the divorce certificates and needed business for that in your packet!

Lots and LOTS of people visit their fiance's while applying for a K-1, it's not a lost hope. It's just a risk that you have to decide if you want to take or not! If you want, you can visit him now (or as soon as possible) and file the K-1 while you are there. Then you will be with him for the first 3 months that you are waiting and hopefully after that you'll only have 3-5 months left (assuming your petition fits into the normal timelines....something that we can never ever know!)

[Anh map 2,098]

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person!

Should not be a problem. It may require a bit more evidence/paperwork. At least that is my experience having a former spouse that was not an American citizen.

[MissBecs 0]

Yes I was thinking the same thing about it being so close to my last visit! I am considering just going to visit him one last time before we apply and then just deal with not seeing him for however long it takes. It sucks that he is in the army and is unable to get leave for 12 months as well! so no option of him coming to see me either! we have read through most of the options and I think this one is what we will go for!

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person! hopefully the fact his last marriage lasted so long and they had children together might help to prove he isnt just out to get ppl into the country! crossing my fingers anyway!

Thanks for your help I have been reading over these forums for the past few days and been a bit hesitant in asking questions, but glad I finally did because it was just doing my head in trying to understand it all!

His previous marriage should not be a problem. Did he bring his German wife over on a K-3 visa (or any other type of marriage visa)? It sounds like from you post that they spent the entire marriage in Germany? Is she in the US with the kids now too? Just asking. Either way, it shouldn't be a problem. The American citizen is allowed two visas (without asking for a waiver) and as long as those visas are more than 2 years apart, then you don't have to ask for a waiver. He was married for 8 years, regardless of kids, it wont be an issue! Don't even worry about it! Just make sure you have all the divorce certificates and needed business for that in your packet!

Lots and LOTS of people visit their fiance's while applying for a K-1, it's not a lost hope. It's just a risk that you have to decide if you want to take or not! If you want, you can visit him now (or as soon as possible) and file the K-1 while you are there. Then you will be with him for the first 3 months that you are waiting and hopefully after that you'll only have 3-5 months left (assuming your petition fits into the normal timelines....something that we can never ever know!)

Thanks for the help! It has really helped clear my messed up confused brain lol

No he and his ex wife married 3 months before he came home to USA and got her a visa to return back with him, they were there for a little while then she got home sick so they went back and then came back again! so its been years there years in usa.. when you say 2 years apart does that include having to renew a visa?

sorry to sound so clueless but if I stayed in USA while he applys for the K-1 at what point would I need to return to do anything from my side? or is the only thing I will have to do towards the end?