Which Visa and Tining of Events

[pjpw2320 0]

I am an Australian living in Australia. I am confused about which is the best and quickest way to gain access to the States by way of a family Visa option. My American fiancee who resides in the US and I are planning to marry in the US in early to mid 2012 and I wish to reside there permanently immediately following our marriage. I have a couple of brief questions if I may.

1. Is it better to apply for a K-1 Visa before I travel to the US to marry or a K-3 Visa after our marriage in the US? I will be re-entering the US on a valid ESTA Visa Waiver which expires in May 2012.

2. Does my American fiancee have to complete the Financial Support Forms even if I can substantiate self sufficiency and not being a charge on the US Government?

3. What level of assets is required to substantiate non reliance on my American fiancee for support?

OR

Can I simply arrive in the US on my current Visa waiver (vaid to May 2012) then marry my fiancee and immediately apply for a K-3 Visa and remain there without having to return to Australia while the application is being processed?

I will have approximatekly $100,000 in liquid assets on arrival in the States and my finacee's annual income is approximately $12,000 at the moment.

Thank you for any assistance anyone can provide.

Peter

[canadian_wife 1,822]

If you want to live in the US immediatly afer marriage and you want to marry in the US, K-1 is your best bet

You cannot do a K-3 anymore, it's been administratively closed

And you cannot enter the US on a tourist visa when you an immigrant. If you want to permanently move to the US you need the proper visa to do so. A tourist visa is for you to enter, visit, then leave. If that is not your intentions, don't use it

Good luck

[pushbrk 12,882]

I am an Australian living in Australia. I am confused about which is the best and quickest way to gain access to the States by way of a family Visa option. My American fiancee who resides in the US and I are planning to marry in the US in early to mid 2012 and I wish to reside there permanently immediately following our marriage. I have a couple of brief questions if I may.

1. Is it better to apply for a K-1 Visa before I travel to the US to marry or a K-3 Visa after our marriage in the US? I will be re-entering the US on a valid ESTA Visa Waiver which expires in May 2012.

2. Does my American fiancee have to complete the Financial Support Forms even if I can substantiate self sufficiency and not being a charge on the US Government?

3. What level of assets is required to substantiate non reliance on my American fiancee for support?

OR

Can I simply arrive in the US on my current Visa waiver (vaid to May 2012) then marry my fiancee and immediately apply for a K-3 Visa and remain there without having to return to Australia while the application is being processed?

I will have approximatekly $100,000 in liquid assets on arrival in the States and my finacee's annual income is approximately $12,000 at the moment.

Thank you for any assistance anyone can provide.

Peter

For your plan, the K1 visa is appropriate. Your fiance would be wise to begin the process ASAP.

Entry on the visa waiver with intent to , marry then also stay and adjust status is a crime called visa fraud. Visa waiver is for visiting.

Yes, your fiance will need to complete the affidavit of support but your assets can be considered as well.

[Barbara J 115]

I am an Australian living in Australia. I am confused about which is the best and quickest way to gain access to the States by way of a family Visa option. My American fiancee who resides in the US and I are planning to marry in the US in early to mid 2012 and I wish to reside there permanently immediately following our marriage. I have a couple of brief questions if I may.

1. Is it better to apply for a K-1 Visa before I travel to the US to marry or a K-3 Visa after our marriage in the US? I will be re-entering the US on a valid ESTA Visa Waiver which expires in May 2012.

2. Does my American fiancee have to complete the Financial Support Forms even if I can substantiate self sufficiency and not being a charge on the US Government?

3. What level of assets is required to substantiate non reliance on my American fiancee for support?

OR

Can I simply arrive in the US on my current Visa waiver (vaid to May 2012) then marry my fiancee and immediately apply for a K-3 Visa and remain there without having to return to Australia while the application is being processed?

I will have approximatekly $100,000 in liquid assets on arrival in the States and my finacee's annual income is approximately $12,000 at the moment.

Thank you for any assistance anyone can provide.

Peter

You need to get your fiance to apply for a 129f petition now if you plan on marrying in 2012.

Start reading

http://sydney.usconsulate.gov/

You cannot come here on Esta and marry and stay sorry not happening. You need to read up on K1 visas on the site I gave you as it has all the info you need. Your fiance has to send an affidavit of support to you I-134 as well but your income can help with that. Once you are here and marry within 90 days you will then apply for AOS (adjustment of status) residency but as your fiance does not earn much then you will need a co sponsor at this stage as 2 people household needs to be $18,387 to be on line with the poverty guideline.

[pjpw2320 0]

You need to get your fiance to apply for a 129f petition now if you plan on marrying in 2012.

Start reading

http://sydney.usconsulate.gov/

You cannot come here on Esta and marry and stay sorry not happening. You need to read up on K1 visas on the site I gave you as it has all the info you need. Your fiance has to send an affidavit of support to you I-134 as well but your income can help with that. Once you are here and marry within 90 days you will then apply for AOS (adjustment of status) residency but as your fiance does not earn much then you will need a co sponsor at this stage as 2 people household needs to be $18,387 to be on line with the poverty guideline.

I had read on official sites where my assets can be counted to meet any shortfall in my fiancee's income provided they are 5 times the difference between my fiancee's income and 125% of the poverty guideline. Provided I can meet that, which I can, how does that affect the need for a co cponsor?

Thank you again for all answers.

Peter

[pushbrk 12,882]

I had read on official sites where my assets can be counted to meet any shortfall in my fiancee's income provided they are 5 times the difference between my fiancee's income and 125% of the poverty guideline. Provided I can meet that, which I can, how does that affect the need for a co cponsor?

Thank you again for all answers.

Peter

It would most likely remove the need for a cosponsor but this is a subjective judgment call by the Consular officer at the interview.

[pjpw2320 0]

Thank you all for your advice. It seems like the K-1 Visa is the way to go however after speaking to a US Immigration Lawyer via a phone appointment for 40 minutes and paying US$250 for the privilege I was told that once I apply for the K-1 I cannot travel to the States on any other Visa while the K-1 is being processed as this will show up on the computer and be viewed very dimly by the Immigration authorities.

What I want to know now is how can I assist my finacee to arrange an International wedding if I cannot visit her while I am waiting for the K-1 Visa to be processed? And if I hold back and wait to apply for the K-1 until we have all the arrangements in place I am advised that there is then a 7-9 month delay from that time and even then, how can we have a wedding date scheduled and the Church and Reception Centre booked and still comply with the 90 day marriage requirement without the certainty of knowing exactly when the K-1 will be issued. It seems like a huge Catch 22 situation. Surely our situation would not be an uncommon scenario. Any advice on this issue will again be greatly appreciated.

Some other points which I would like clarification on are as follows:-

I understand the K-1 Visa is valid for 4 months once it is issued and that I must enter the US on it within that time and I then have 90 days from my arrival to marry my fiancee. My question is once our marriage takes place within the 90 days do I have to apply for an Adjustment of Status before the expiration of the 90 day period and is it enough that the application is simply lodged even if not actually proceesed before the end of the 90 day period?

Given that the K-1 Visa 4 month validity period could expire once I am in the US but before the expiration of the 90 day period in which to marry I would then have no valid Visa. Am I able to travel outside the States and re-enter and on what Visa would that be or do I not need a Visa once I am married and have applied for AOS? I will need to travel back to Australia briefly in the first two years after our marriage.

When can I apply for an American passport?

After marriage do I have to wait 2 years from the date of marriage for permanent status (i.e. CR1 status during the 2 years?)

Thank you once again for any help or clarification anyone can provide.

[Penguin_ie 5,993]

You can travel on a tourist (or any other visa) to the USA while the K1 is processed, but bring ties to home in case they ask at the border.

A lot of K1s do a quick legal wedding, then a church blessing later when there is time to arrange stuff.

K1 is usually valid for 6 months. It is a good idea to apply for AOS as soon as possible, as you cannot work or leave the country without it, but it is unlikely something will happen to you if you do not apply before the 90 days (small chance of being detained if picked up by border patrol).

You cannot travel out of the country right away, but you can once you have AP or your greencard, which is 3-6 months usually.

You can apply for a US passport once you are a US citizen. YOu can apply for naturalisation 90 days before your 3rd anniversary of getting a greencard if you are married to the same US citizen.

Your first greencard gives permanent status, but has conditions attached (ie being married to the same USC). You need to apply to remove these conditions 90 days before the two year anniversary of the first greencard, and will then be gioven a ten year greencard.

[pjpw2320 0]

You can travel on a tourist (or any other visa) to the USA while the K1 is processed, but bring ties to home in case they ask at the border.

A lot of K1s do a quick legal wedding, then a church blessing later when there is time to arrange stuff.

K1 is usually valid for 6 months. It is a good idea to apply for AOS as soon as possible, as you cannot work or leave the country without it, but it is unlikely something will happen to you if you do not apply before the 90 days (small chance of being detained if picked up by border patrol).

You cannot travel out of the country right away, but you can once you have AP or your greencard, which is 3-6 months usually.

Your first greencard gives permanent status, but has conditions attached (ie being married to the same USC). You need to apply to remove these conditions 90 days before the two year anniversary of the first greencard, and will then be given a ten year greencard.

Thank you Penguin. Can I clarify a couple of your points please.

You cannot travel out of the country right away, but you can once you have AP or your greencard, which is 3-6 months usually.

And travel out of the US and re-entry is allowed without a Visa?

Your first greencard gives permanent status, but has conditions attached (ie being married to the same USC). You need to apply to remove these conditions 90 days before the two year anniversary of the first greencard, and will then be given a ten year greencard.

What happens after that ten year greencard has expired. Will another automatically be issued or must I apply again?

And must I become a US citizen at some stage? Not that I have any problem with that, I just like to know all the facts.

[canadian_wife 1,822]

Yes, you can travel after you enter on a K-1. Your Advanced Parole document will act as your 'visa' so you will be able to re-enter. Once you have your green card you use that to travel. DO NOT travel without either the AP or the GC

No, you never HAVE to become a citizen. that is a personal choice, if you prefer to remain a resident with a GC then simply continue to re-apply for the green card

Good luck

[Penguin_ie 5,993]

Once you are a permanent resident (=greencard holder), no visa needed.

If you decide not to become a US citizen (some people don't, especially if their home country doesn't allow dual citizenship), you will have to pay a fee to renew your greencard every ten years, but not go through the whole process again.

[pushbrk 12,882]

Just one comment. The OP doesn't mention what country they are coming from. If they already have a visa or can use the Visa Waiver Program then visiting usually isn't a problem and what they understood from the lawyer is wrong. CBP officers don't know there's a petition in play.

If, on the other hand, they don't have a visa and would need and be applying for one, they simply won't get one. The Consular officer WILL be aware there is a petition in process. So, "traveling" on another visa isn't really a problem but OBTAINING ONE is.

[nane1104 146]

Just one comment. The OP doesn't mention what country they are coming from. If they already have a visa or can use the Visa Waiver Program then visiting usually isn't a problem and what they understood from the lawyer is wrong. CBP officers don't know there's a petition in play.

If, on the other hand, they don't have a visa and would need and be applying for one, they simply won't get one. The Consular officer WILL be aware there is a petition in process. So, "traveling" on another visa isn't really a problem but OBTAINING ONE is.

He is Australian.

[pjpw2320 0]

Just one comment. The OP doesn't mention what country they are coming from. If they already have a visa or can use the Visa Waiver Program then visiting usually isn't a problem and what they understood from the lawyer is wrong. CBP officers don't know there's a petition in play.

If, on the other hand, they don't have a visa and would need and be applying for one, they simply won't get one. The Consular officer WILL be aware there is a petition in process. So, "traveling" on another visa isn't really a problem but OBTAINING ONE is.

Thanks pushbrk. I am coming from Australia and I currently have a Visa Waiver valid to 6 May 2012. I was told categorically via telephone by Greg Siskind from Siskind Susser Immigration Lawyers in the US (www.visalaw.com)that I would not be able to travel on my Visa Waiver while a K-1 application was being processed so it seems I paid good money for incorrect advice.

[pushbrk 12,882]

Thanks pushbrk. I am coming from Australia and I currently have a Visa Waiver valid to 6 May 2012. I was told categorically via telephone by Greg Siskind from Siskind Susser Immigration Lawyers in the US (www.visalaw.com)that I would not be able to travel on my Visa Waiver while a K-1 application was being processed so it seems I paid good money for incorrect advice.

Probably just covering his butt. There's always a chance you'll be denied entry, particularly if you say the purpose of your trip is to visit your fiancee. Do some reading here. Visiting during the process is the most FAQ.