Question about staying together while filing for CR-1

[Munchkin 0]

Hi, I'm from Australia and my girl is from the U.S... She is in Australia at the moment... If we were to marry here in Australia, and she got a tourist visa which would last for the duration of the CR-1 visa (say 12 months, to play it safe), would we be able to file for and complete the whole application without having to lodge applications within the U.S? This would prevent us from having to part...

I read that I would not be able to enter the U.S while waiting for the CR-1 visa application... Does this mean I cannot enter AT ALL, even on a tourist b1 visa or something?

Thanks!!!

[SunDrop 59]

Hi, I'm from Australia and my girl is from the U.S... She is in Australia at the moment... If we were to marry here in Australia, and she got a tourist visa which would last for the duration of the CR-1 visa (say 12 months, to play it safe), would we be able to file for and complete the whole application without having to lodge applications within the U.S? This would prevent us from having to part...

I read that I would not be able to enter the U.S while waiting for the CR-1 visa application... Does this mean I cannot enter AT ALL, even on a tourist b1 visa or something?

Thanks!!!

If she is in Australia on a tourist visa, then she will still be classed as resident in the US. You will need a reliable US address to use to file. You would simply post it from Australia and have someone at the US address forwarding any mail that is received. Don't forget to line up a co-sponsor because she presumably won't have sufficient income to satisfactorily demonstrate she can support you.

Can't advise you about entry to the US with a pending CR-1 petition, sorry.

[Darnell 8,478]

I am geographically challenged, after reading yer post.

'without having to lodge applications' in the USA - floors me - I BE CONFUSED.

Let me suggest something else -

Marry in Australia.

SHE sends off the I-130 stuff to the lockbox address in Chicago . The NOA-1/2 stuff will be sent to her address in USA (who's monitoring the postal mail, btw? ) She stays in Australia with you.

Then, when the casefile is ready for NVC Processing - do this -> http://www.visajourney.com/forums/index.ph...t&p=3560467

----

alternatively, she can submit a DCF'd I-130 to an Embassy/Consulate in Australia - but she'll have RESIDENCY REQUIREMENTS for Australia, prior to submitting. Usually is 6 months residency requirement - but suggest that SHE check out the requirements, herself.

----

All n all - when comparing the two, from 'day of marriage' to 'interview at consulate/embassy' -

it's almost the same amount of time.

Edited January 30, 2010 by Darnell

[VanessaTony 3,567]

You CAN enter (why not the VWP?) but as with every entry, you will need to show strong ties to your home country so they don't think you're trying to immigrate. This requires things like a lease, letter from your employer, utilities, home ownership.. stuff like that... and the VWP has a 90 day limit.

It is possible that your fiancee/gf to remain in the US for the entirety of the process but she will require an address in the US. The other issue is, it's unlikely your fiancee will be permitted a 12 month visa. They will ask that she show STRONG ties to her home country, that she has enough money to support herself while there, or that you will support her while she's visiting. She will be unable to work. It would be best if she comes (on say the VWP) and you marry, and then she returns home before the I-94 expires. Yes it will mean time apart but she will be able to go through all the name change stuff at home, she will be able to get a job and start working to "prepare" the home. You will be able to work and save save save and then when you get to the US you will be able to get a job.

**Edit - Also, please be careful about relying on advice from anyone NOT from Australia. Different countries have different requirements in terms of processes. Australia's K1 process is very different from some other countries (when forms are required, wait times etc) so I would assume the same goes for the CR-1 process

**Another edit - as stated, you will need to file paperwork to addresses in the US, and someone will need to be checking mail there in the US.

Edited January 30, 2010 by Vanessa&Tony

[Frenchwife 1]

Good advice from Vanessa and Tony.

you need to think about all the steps to go through. To go through NVC, or direct filing in Australia your fiance will to do demonstrate she can sustain you in the US I864 or Affidavit of Support. Don t forget that. Either with revenue or asset or she will have to get a cosponsor (her parents) ready to sustain you.

Will she be able to do it? Or convince her parents or somebody else?

See I864 form about Affidavit of Support

Also why don t you go K1?

not forgetting the other good advice of Vanessa

check with your peers and on the statistics and feedbacks about Australia specificities

Edited January 30, 2010 by Frenchwife

[Munchkin 0]

Thanks for the advice guys-

About the K-1 being different in ways in Australia- what differences are these? Is it perhaps more beneficial then the Cr-1 visa for my particular situation? The CR-1 does seem the best from what I've read but I'm not sure

[VanessaTony 3,567]

Thanks for the advice guys-

About the K-1 being different in ways in Australia- what differences are these? Is it perhaps more beneficial then the Cr-1 visa for my particular situation? The CR-1 does seem the best from what I've read but I'm not sure

Well each country needs the same forms EVENTUALLY, but Australia does it in a different manner to say, India. Some countries don't need immunisations because they get them all at birth (we get SOME but not all because we don't have the same sickness rates). In some countries you don't need to mail in documents for Packet 3 (like the medical, police check etc) and instead take those things with you to the interview.

When I say make sure you read Australia specific I mean you don't want to confuse yourself into thinking you have more or less time than you actually have to submit particular forms.

The CR-1 does seem far superior to the K1 from everything I've been reading too. You can marry her now (if you feel ready) before she goes home and you can start it now and hopefully (paperwork willing) you should be together again permanently for Christmas!

[VanessaTony 3,567]

Sorry I should mention that I'm not sure if she'll be legal until she's 18 in Australia.

[AUS2USA 0]

My wife and I were married in Sydney on May 2nd, 2009. At the time, she was on a one year wrking/holiday visa and we were unsure as to whether we were going to stay in Aus, or relocate to the US. As it turns out, we decided to relocate to the US about 10 days before her visa was due to expire in June, 2009 (yeah, we left it all pretty late, haha).

We were pretty unfamiliar with the processes at the time and the US consulate said we could not DCF through the US consulate in Syd because she was only on a working/holday visa and could not extend.

Our options were:

1/ Wife heads to the US and we spend 6-8 months (fingers crossed) apart - small sacrific when you consider the end result. Or,;

2/ File for citizenship for the missus in aus, pay $2000 for that, and wait up to 2 years for that to clear until you can file directly through the consulate.

Knowing what I know now, I would have, without a doubt married her when she first came out on the working / tourist visa and then filed straight away for the CR1 visa while she was still here.

As people have stated, all you need in the US is a postal address (maybe her parent's?) and they can forward the info onto you.

With the I-130 petition, all that you will be waiting for is the NOA1 and NOA2.

After that, through the NVC (where I am at the moment), there is a little more contact, however this can be done primarily thorugh e-mail. The only difficult thing would be the AOS (Affidavit of Support) information which requires a your wife as a sponsor, and I'm assuming a co-sponsor.

Ordering tax transcripts and organising W2's isn't too hard, but it's the interaction with the co-sponsor that might prove difficult, and getting them to react in a timely manner.

All in all. Marry her bris-Vegas style now, apply for the visa, then have your big shin-digg when you get to the US !?

[Munchkin 0]

thank you for all this advice guys... based on this, it seems that I need to have her here on a longer visa before we get married..

There are marraige rules here which at the moment I don't believe we will be able to adhere to:

> Needing to give 31 days notice.. (She turns 18 next month, about 38 days before our visa ends.. we would have to get married with about 5 days left, no where near enough time to file for the Cr-1)

> Needing a birth cirtificate...

This is a serious issue for us, she does not have her birth cirtificate, however she does have her passport.. I thoughtu passport would be all she need to marry me here.. but I think she needs the birth cirtificate too.. I would love to marry her in Sydney, I need to look into laws regarding what identity she would need to marry me there.

So now I am thinking that our best option is to extend her visa here, perhaps a study visa as she is interested in study.. Once she has that visa and she is here for the duration of the course (which would be a couple of years.. the prospect of being together for that long is simply delightful), while she is here for the course we would get married and THEN file for the Cr-1... Becuase she will be here for so long it gives us plenty of time to get it finished..

What do youse think? Is there something I'm missing, perhaps we can't file for Cr-1 while she is on a student visa???

thanks again for your responses guys

[Frenchwife 1]

about her getting birth certificate

the mother of my husband obtained them without difficulty. So my husband did not have to travel back to get it.

[VanessaTony 3,567]

thank you for all this advice guys... based on this, it seems that I need to have her here on a longer visa before we get married..

There are marraige rules here which at the moment I don't believe we will be able to adhere to:

> Needing to give 31 days notice.. (She turns 18 next month, about 38 days before our visa ends.. we would have to get married with about 5 days left, no where near enough time to file for the Cr-1) She doesn't need to be in Australia to file the CR-1. In fact you could get all the paperwork together at your end, and then she can send it in when she gets back to the US. You simply need to be MARRIED to apply for the CR-1.

> Needing a birth cirtificate...

This is a serious issue for us, she does not have her birth cirtificate, however she does have her passport.. I thoughtu passport would be all she need to marry me here.. but I think she needs the birth cirtificate too.. I would love to marry her in Sydney, I need to look into laws regarding what identity she would need to marry me there. http://www.bdm.nsw.gov.au/frequentlyAskedQuestions.htm there is a question here about foreign nationals getting married in Australia saying it's possible and here: http://www.easyweddings.com.au/MarriageCel...equirements.asp tells you that a birth certificate OR passport are required. Main reason for this is you needed a birth certificate to GET the passport so she's fine if you want to get married before she leaves

So now I am thinking that our best option is to extend her visa here, perhaps a study visa as she is interested in study.. Once she has that visa and she is here for the duration of the course (which would be a couple of years.. the prospect of being together for that long is simply delightful), while she is here for the course we would get married and THEN file for the Cr-1... Becuase she will be here for so long it gives us plenty of time to get it finished.. Honestly we all understand the love and not wanting to be apart, but if you're planning on leaving to be in the US, then she will either have to quit study to move with you (because the visa has a "expiry date") or you will need to be apart anyway if you try and time it so it's when she's finished study but it takes longer or something. It would be a lot easier if you could just stand to be apart for the 7 or so months.. unless you're really well off it'll help to not visit in that you can save a lot more money to start your life together. It sounds like a really long time and we can all tell you it sucks, but personally i think it helped our relationship a bit being able to talk about everything. Making a conscious effort to fill in how my day was. Be online, chat on the phone, send each other emails etc. She will also be able to start all her name change stuff while she's home, plan her US wedding with her family and friends for when you arrive... I don't know about her but I appreciated being able to be in Australia while I waited so I could save as much as possible for a "dream" wedding

What do youse think? Is there something I'm missing, perhaps we can't file for Cr-1 while she is on a student visa??? As I said above, it's risky. I personally wouldn't do it. It's only 7 or so months (sometimes quicker) and yes it sucks but she could waste money on school when she has to quit at the drop of a hat, or you would have to move there (so you don't let the visa expire) and wait while she's still in Australia finishing school...

thanks again for your responses guys

Edited January 31, 2010 by Vanessa&Tony

[Darnell 8,478]

Hey Munchkin !

If she's under 18 - I suggest to forget any USA visa stuff for now -

Marry her - then she apply for Australian Residency Status -

then after (i do mean AFTER) one year has transpired, get her into a 4 year uni program in OZ.

Living in OZ, working in OZ, going to UNI in OZ is 10000000 percent better than IN the USA.

If the goal is for the two of you to be together - hei - why not do it in OZ?

Let us know if there are any 'parents' issues, ya?