CR-1 or K1??

[jmak 0]

Well, we thought we had this figured out....

Here's the background:

He's Australian, I'm American

We met in Spain in July 2010 and have been visiting each other here and there and everywhere since then for extended trips (NY for a month when i lived there, Australia for 3 months when he was there, back to the US for 2 months, etc.)

He's currently living and working in Canada on a work-holiday visa, and coming to the US every other month or so on a B-2 visa that's valid for 5 years.

We're in love. We're getting engaged, and we'd like to get married in September 2012, before I start graduate school.

Our plan was to do K1, then AOS- BUT his best friend is getting married in Australia in November, he's been asked to be in the wedding, and it seems likely that an AP wouldn't be approved before then. Also, we've promised to spend Christmas there and would hate to be tied up with visa issues.

Should we:

a) do K1, begin the AOS process, and then attempt to expedite the AP for humanitarian reasons?

OR

b) get married while he is in the US on a B2 visa, then begin the CR1 process in November once he is back in Australia?

We know we've got to get started soon too- so any advice you can give would be amazing!!

[Inky 1,111]

a friends wedding / holiday does not count for an " humanitarian reason for expedite "

[jmak 0]

Yeah... I figured.

BUT we've read a few more guides and figured out that it IS legal for us to marry in the US on a tourist entry so long as he leaves afterwards, and then we can begin the CR1 process once he goes back home, so I guess that's what we'll do

Do we have to demonstrate comingled assets as we'll be living apart during the CR1 process and thus not likely to jointly buy things?

If so, is it even possible for him to be on a lease or bank account or car title as a foreign visitor??

Thanks for the guidance!

[Ryan H 3,813]

Do we have to demonstrate comingled assets as we'll be living apart during the CR1 process and thus not likely to jointly buy things?

If so, is it even possible for him to be on a lease or bank account or car title as a foreign visitor??

USCIS will not expect people who live apart to have co-mingled finances or assets.