Returning to USA from Australia/taking fiance on a K-1?

[melharms 4]

Hi,

new here but thought I would post. All suggestions welcome. I'm an American but have living and working here in Australia for the last nearly 4 years on a work visa. I'm returning to the USA for personal reasons ( grandkids, aging parents) Anyways, over 2 years ago I met an Australian man and we have living as a couple together almost since then. We've travel together, bought a car together, leased a home, ect.

So now I have the Form I-129F completed, and the forms G-325A Biographic information completed for both of us as well. Per requirements and recommendations on the site I have copies of birth certificates, divorces, ect. A cover letter, individual passport photos I have also included copies of joint ownership of car, copy of lease, and copies of airline tickets where we have traveled together to support question 18 on the I-129F. Personal statements from each of each stating we plan to marry, as well as a joint statement explaining that we actually are in a relationship and have met.

Since I can’t obtain a USD money order and don’t at this time have a US bank account. I'm forwarding the packet to my sister in the states and she will buy a money order and she will post out to the USCIS in Dallas, Texas.

I'm a nervous wreck in making sure this is complete, accurate ect. I fly out on December 1st to return and my fiancé....will come whenever his K-1 visa is available. I know it could be many months, so I don’t want anything incomplete on my part to hold things up.

So here's my question is there anything else I should include? Anything surprises anyone has experience that I’m not seeing.

Thanks, Melanie

[Anh map 2,098]

Why not marry now and pursue a spouse visa? Might be able to travel back together.

Edited August 2, 2012 by Anh map

[melharms 4]

Why not marry now and pursue a spouse visa? Might be able to travel back together.

Well we did think about it, but...my eldest son is a Chaplain and wants to perform the marriage, and we would like my family present. Plus when I made some inquires to immigration attorney I was told that things would in fact process faster on the K-1 than on a K-3.

Thanks, Melanie

[Anh map 2,098]

Well we did think about it, but...my eldest son is a Chaplain and wants to perform the marriage, and we would like my family present. Plus when I made some inquires to immigration attorney I was told that things would in fact process faster on the K-1 than on a K-3.

Thanks, Melanie

If an attorney is talking about K3 then they aren't up on US immigration. The K3 is essentially non-existent. Spouse visa will process just as quickly as K visa. And without having to adjust status after marrying to get the green card.

[Moomin 292]

Well, if you file now, you'll wait together until December in Australia. Instead of 8-9 months apart from filing petition until receiving visa(if everything goes well), it's only a few months.

On the other hand, you could get married in Australia, file for a spouse visa and have a ceremoni in the US with your eldest son performing it by then with your family present. Had I had this opportunity before filing the fiancee petition, it would've been more ideal than not having my own family present as our (only) wedding in the US.

[Anh map 2,098]

Well we did think about it, but...my eldest son is a Chaplain and wants to perform the marriage, and we would like my family present. Plus when I made some inquires to immigration attorney I was told that things would in fact process faster on the K-1 than on a K-3.

Thanks, Melanie

Do a small civil wedding in OZ and then have the big party/celebration later in the US with your son officiating. The only thing different is that it's not the legal marriage. But it's your party/event. You get to call it whatever you want.

[melharms 4]

I know thats an option. My concern though is in regards to the "support of my fiance". Right now and for the last 3 years I've had an excellent income here in Australia.That will end soon though in Decemeber when I leave and back in the USA I might not have nearly as good. How is that going to be on the I-134? Would it be more favorable to go ahead and get married now? He actually holds much more assests than I myself as I have been putting kids through college.

thanks!

[melharms 4]

Ok, I acutally looked at what the guidelines are and sure I wont have trouble meeting 125% of that!