Still a little confused

[MissBecs 0]

I am still a little confused on the process of this Visa! So my Parter files the petition.. then what? is there anything I need to do from Australia? or do I just wait until I get an interview? sorry! just trying to get a total understanding of this process!

Basically what I am trying to work out if I can do or not.. is go there in May get partner to file the petition while I am there.. and wait the 90 days im allowed there, then come home. Can I do that? Or will there be things I need to do back home in the meantime?

[payxibka 10,045]

http://www.visajourney.com/forums/index.ph...amp;page=k1flow

[Steve et Nathalie 0]

Basically you're correct (I'm assuming that this is a K1 Fiance(e) visa). After your partner (US Citizen) files the petition (you will need to provide some info.) it just become a waiting game. There is nothing that you need to do from Australia. But I might suggest something that was suggested to me by a USCIS officer at my local office AFTER we submitted our petition. This is both a less expensive and quicker process.

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

I am still a little confused on the process of this Visa! So my Parter files the petition.. then what? is there anything I need to do from Australia? or do I just wait until I get an interview? sorry! just trying to get a total understanding of this process!

Basically what I am trying to work out if I can do or not.. is go there in May get partner to file the petition while I am there.. and wait the 90 days im allowed there, then come home. Can I do that? Or will there be things I need to do back home in the meantime?

[scandal 951]

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

Oh boy. Big time Noobie mistake.

OP: DO NOT Pay any attention to this HORRIBLE advice!

The above is VISA FRAUD and not recommended AT ALL!!!!

LEGAL: File a proper K-1, K-3, CR1/IR1 petition

LEGAL: Enter the US on a legal non-immigrant visa with intent to marry; marry; leave the country within the timeframe of your visa; file a proper K-3 or IR1/CR1 petition while outside the US

LEGAL: Enter the US on a legal non-immigrant visa with NO intent to marry, meet and marry someone while in the US in legal status, and apply for AOS while still in US

ILLEGAL: Enter the US with intent to marry, marry, file for AOS. VISA FRAUD RED ALERT.

[MissBecs 0]

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

Oh boy. Big time Noobie mistake.

OP: DO NOT Pay any attention to this HORRIBLE advice!

The above is VISA FRAUD and not recommended AT ALL!!!!

LEGAL: File a proper K-1, K-3, CR1/IR1 petition

LEGAL: Enter the US on a legal non-immigrant visa with intent to marry; marry; leave the country within the timeframe of your visa; file a proper K-3 or IR1/CR1 petition while outside the US

LEGAL: Enter the US on a legal non-immigrant visa with NO intent to marry, meet and marry someone while in the US in legal status, and apply for AOS while still in US

ILLEGAL: Enter the US with intent to marry, marry, file for AOS. VISA FRAUD RED ALERT.

Yeah I realise that not gonna be doing it that way! I refuse to risk anything! if it takes longer to be with him.. then so be it! at least we know things cant be totally screwed up I am a bit shocked that someone from USCIS told you that suggestion :/ One of my friends told me the same thing! said she was told she should have done it that way! I just cant believe people would want to risk it! stupid!

[Hugglebuggles 60]

The USC files the petition, you wait, you get the NO2, and then you wait for your case to go to the NVC and be processed and then be sent to the consulate in Australia. This is when you get to do all the work! You will receive your packet 3 from the consulate with a list of forms and documents to collect, some will be mailed to the consulate, and some will be kept until the interview date. You will also need to do your immigration medical before the interview comes. If you're getting a little antsy waiting, it might be a good idea to look up the requirements at the consulate in your country, and start gathering the documentation you will need (ie. police clearances, birth certificates, passport renewals) It will give you a sense of control! (at least, it did for me)

[Steve et Nathalie 0]

I apologize if this has been bad advice but I the advice that I was giving was given to me directly from the USCIS officer. I assumed that it was valid. I apologize again.

http://www.justanswer.com/questions/1nrct-...passport-holder

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

Oh boy. Big time Noobie mistake.

OP: DO NOT Pay any attention to this HORRIBLE advice!

The above is VISA FRAUD and not recommended AT ALL!!!!

LEGAL: File a proper K-1, K-3, CR1/IR1 petition

LEGAL: Enter the US on a legal non-immigrant visa with intent to marry; marry; leave the country within the timeframe of your visa; file a proper K-3 or IR1/CR1 petition while outside the US

LEGAL: Enter the US on a legal non-immigrant visa with NO intent to marry, meet and marry someone while in the US in legal status, and apply for AOS while still in US

ILLEGAL: Enter the US with intent to marry, marry, file for AOS. VISA FRAUD RED ALERT.

[Otto 83]

I apologize if this has been bad advice but I the advice that I was giving was given to me directly from the USCIS officer. I assumed that it was valid. I apologize again.

http://www.justanswer.com/questions/1nrct-...passport-holder

It appears this person (referenced in the link) is not a USCIS officer but claims to be an immigration attorney...

[Hell0W0rld 10]

I apologize if this has been bad advice but I the advice that I was giving was given to me directly from the USCIS officer. I assumed that it was valid. I apologize again.

http://www.justanswer.com/questions/1nrct-...passport-holder

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

Oh boy. Big time Noobie mistake.

OP: DO NOT Pay any attention to this HORRIBLE advice!

The above is VISA FRAUD and not recommended AT ALL!!!!

LEGAL: File a proper K-1, K-3, CR1/IR1 petition

LEGAL: Enter the US on a legal non-immigrant visa with intent to marry; marry; leave the country within the timeframe of your visa; file a proper K-3 or IR1/CR1 petition while outside the US

LEGAL: Enter the US on a legal non-immigrant visa with NO intent to marry, meet and marry someone while in the US in legal status, and apply for AOS while still in US

ILLEGAL: Enter the US with intent to marry, marry, file for AOS. VISA FRAUD RED ALERT.

[Steve et Nathalie 0]

Yes I realize that, in fact I didnt intend to post that link. I did speak directly to a USCIS officer at the chicago office. (I am not defending my advice, I understand why it is worng, Im just shocked that it was given to me by an immigration officer)

Again I apologize

I apologize if this has been bad advice but I the advice that I was giving was given to me directly from the USCIS officer. I assumed that it was valid. I apologize again.

http://www.justanswer.com/questions/1nrct-...passport-holder

It appears this person (referenced in the link) is not a USCIS officer but claims to be an immigration attorney...

[^KK^ 3]

oh boy

[KimandRuss 0]

Steve and Nathalie apologized and realized their error. Unfortunately, we hear that this advice is given a lot ...supposedly by qualified people who should really know. The lesson here... don't believe everything you hear...even when you think the resource is a good one. Entering with the intent of staying is visa fraud and is punishible by a ban. Enough said on that.

OP, welcome to VJ. You will want to read through the GUIDES here on VJ and have a look at the flowchart listed above to see how the process will work. You will also want to visit the Aussie regional thread here on VJ to learn things that may be specific to dealing with Sydney. There's a great group of folks in there that can help lead you through the rest of the process.

As mentioned above, a big part of this is simply waiting but there are things you can prepare yourself for during the wait. My best advice is to learn all you can about the process then prepare as best you can to make it as swift and error free as possible!

Congratulations on your engagment and best of luck.

[scandal 951]

I apologize if this has been bad advice but I the advice that I was giving was given to me directly from the USCIS officer. I assumed that it was valid. I apologize again.

It's all good Everyone seems to be straight on this now, so no harm was done.

Welcome to the rough-and-tumble of the VJ forums... initiation by fire, I suppose

[ashenflowers 5]

You should've seen my 'initiation' when I asked a very similar question

Either way, there's not much more I can add at this point, other than good luck! And hang in there. We JUST mailed our I-129F package off TODAY, so the waiting now begins.... sigh.

[MissBecs 0]

I have a much better understanding of it all now we are still waitin for my partners divorce papers to come through from the court and as soon as they are through we will be sending it all off I really hope it does not look bad that he only JUST got divorced ... it has been a long drawn out divorce which has really been horrible for both of us! but it is FINALLY over thank goodness so the second he gets those papers we are sending it off and we are like 6-9 months or so closer to all of us being together again forever!!! yay!

and actually.. Roger spoke to someone from the USCIS yesterday and they too gave him the same advice!!! saying it is a possibility for me to go there and marry etc etc.. however he did mention that it COULD be looked upon as visa fraud and to be careful if we did it that way! I just can't understand why they even bother giving ppl that advice! so stupid.

Thanks everyone! I really dont know what I would have done without this place! I am sure I will have more questions as time goes on haha