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Posted

Hi All,

I'm an American citizen living in Australia with my partner who is Australian. We've been living here together for over a year and and recently applied for a partner visa which would allow me to stay. Recently after several emotional chats about where we'd like to be, we've decided to make plans for the US. Especially since we plan on settling down close to my family and getting married.

I wanted to hear about your experiences in filing for the K1 visa. Also are there any issues with me filing from overseas?

I want to do all my homework (which I've began) before filing.

Fingers crossed I'll be in NYC sometime this year with my Aussie partner. :)

Thanks for hearing me out!

USCIS

03/28/2014 - I-130 mailed to Chicago Lockbox

04/07/2014 - USCIS Received I-130 form

04/08/2014 - I-130 NOA1 and transferred to California Service Center (email) (11 days)

04/17/2014 - Received NOA1 in the mail from California Service Center (hardcopy) (8 days)

04/24/2014 - I-130 Approved NOA2 (case number updated on the website 4:50pm) (17 days)

05/20/2014 - Received NOA2 in the mail from California Service Center (hardcopy) (27 days)

NVC

06/09/2014 - Case number, INN, BNN Received (21 days)

06/09/2014 - DS-261 available and completed (21 days)

06/09/2014 - AOS fee invoice and paid (21 days)

08/13/2014 - IV fee invoice and paid (65 days)

08/28/2014 - AOS Package sent to NVC

09/03/2014 - DS-260 online form completed

09/08/2014 - AOS Package delivered to NVC

09/08/2014 - AOS Package Scanned

09/10/2014 - IV Package sent to NVC

09/15/2014 - IV Package Scanned

11/17/2014 - Called NVC was told a supervisor is reviewing my case and it could take up to 42 days :(

11/19/2014 - Called NVC and was informed that expedite request was approved. Waiting for NVC to review and send paperwork to Sydney.

11/20/2014 - Website shows AOS N/A N/A which means it's possibly accepted. (Unconfirmed)

11/20/2014 - Called NVC and was informed of Case Complete!!

Medical - Scheduled for Dec 16th 2014

Interview

12/3/2014 - Email received with interview appointment for December 9th 2014

12/9/2014 - Interview went well but not approved because of birth certificate name change. Approval after fingerprint police form.

12/30/2014 - Medical and police check sent to embassy

Visa issued Jan 5th 2015 :D

5.5 months in NVC

8.5 months total

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You say 'partner' is this a same sex partnership?

Click on the 'guides' in the tab and follow the instructions for the fiance visa

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Posted

You say 'partner' is this a same sex partnership?

Click on the 'guides' in the tab and follow the instructions for the fiance visa

good luck

Hi Canadian_wife! Partner is an Aussie term that people use all the time when referring to their significant other. Guess it's something I picked up along the way. We're an opposite sex couple. :)

Also looking for some insight or stories from other Aussie/American couples who have gone through the process.

USCIS

03/28/2014 - I-130 mailed to Chicago Lockbox

04/07/2014 - USCIS Received I-130 form

04/08/2014 - I-130 NOA1 and transferred to California Service Center (email) (11 days)

04/17/2014 - Received NOA1 in the mail from California Service Center (hardcopy) (8 days)

04/24/2014 - I-130 Approved NOA2 (case number updated on the website 4:50pm) (17 days)

05/20/2014 - Received NOA2 in the mail from California Service Center (hardcopy) (27 days)

NVC

06/09/2014 - Case number, INN, BNN Received (21 days)

06/09/2014 - DS-261 available and completed (21 days)

06/09/2014 - AOS fee invoice and paid (21 days)

08/13/2014 - IV fee invoice and paid (65 days)

08/28/2014 - AOS Package sent to NVC

09/03/2014 - DS-260 online form completed

09/08/2014 - AOS Package delivered to NVC

09/08/2014 - AOS Package Scanned

09/10/2014 - IV Package sent to NVC

09/15/2014 - IV Package Scanned

11/17/2014 - Called NVC was told a supervisor is reviewing my case and it could take up to 42 days :(

11/19/2014 - Called NVC and was informed that expedite request was approved. Waiting for NVC to review and send paperwork to Sydney.

11/20/2014 - Website shows AOS N/A N/A which means it's possibly accepted. (Unconfirmed)

11/20/2014 - Called NVC and was informed of Case Complete!!

Medical - Scheduled for Dec 16th 2014

Interview

12/3/2014 - Email received with interview appointment for December 9th 2014

12/9/2014 - Interview went well but not approved because of birth certificate name change. Approval after fingerprint police form.

12/30/2014 - Medical and police check sent to embassy

Visa issued Jan 5th 2015 :D

5.5 months in NVC

8.5 months total

Posted

Hi, my process was straightforward and easy, USC was employed and living in America though. The only difficulty I could see for you is the lack of employment for you, the USC. Have you a co-sponsor? Or do you have work? Have you consider a spousal visa instead? You may find the benefits of that will suit you better than K1. Read the guides and follow the helps and pre-filled forms, putting the package together is easy enough.

Good luck

AOS Timeline
Filed 15th June, 2012
NOA date 18th June
Bio appt 20th July
Transferred to CSC 21st July, 2012
EAD/AP approved 27th August.
Received Green Card 6th October. No Interview. Amazing!
Thanks for all the help, see you again in June 2014

ROC Timeline

Mailed Package 30th June 2014

I-797 received 5th July, 2014

Biometrics Appointment 07/30/2014.

Posted

Hi, my process was straightforward and easy, USC was employed and living in America though. The only difficulty I could see for you is the lack of employment for you, the USC. Have you a co-sponsor? Or do you have work? Have you consider a spousal visa instead? You may find the benefits of that will suit you better than K1. Read the guides and follow the helps and pre-filled forms, putting the package together is easy enough.

Good luck

Hi Chippy girl,

I'm currently working here in Australia. Hoping that will help me. I haven't looked into the spousal visa. Do you reckon it might be better? I'll have a look at the guides.

Great to hear that your process was easy!

USCIS

03/28/2014 - I-130 mailed to Chicago Lockbox

04/07/2014 - USCIS Received I-130 form

04/08/2014 - I-130 NOA1 and transferred to California Service Center (email) (11 days)

04/17/2014 - Received NOA1 in the mail from California Service Center (hardcopy) (8 days)

04/24/2014 - I-130 Approved NOA2 (case number updated on the website 4:50pm) (17 days)

05/20/2014 - Received NOA2 in the mail from California Service Center (hardcopy) (27 days)

NVC

06/09/2014 - Case number, INN, BNN Received (21 days)

06/09/2014 - DS-261 available and completed (21 days)

06/09/2014 - AOS fee invoice and paid (21 days)

08/13/2014 - IV fee invoice and paid (65 days)

08/28/2014 - AOS Package sent to NVC

09/03/2014 - DS-260 online form completed

09/08/2014 - AOS Package delivered to NVC

09/08/2014 - AOS Package Scanned

09/10/2014 - IV Package sent to NVC

09/15/2014 - IV Package Scanned

11/17/2014 - Called NVC was told a supervisor is reviewing my case and it could take up to 42 days :(

11/19/2014 - Called NVC and was informed that expedite request was approved. Waiting for NVC to review and send paperwork to Sydney.

11/20/2014 - Website shows AOS N/A N/A which means it's possibly accepted. (Unconfirmed)

11/20/2014 - Called NVC and was informed of Case Complete!!

Medical - Scheduled for Dec 16th 2014

Interview

12/3/2014 - Email received with interview appointment for December 9th 2014

12/9/2014 - Interview went well but not approved because of birth certificate name change. Approval after fingerprint police form.

12/30/2014 - Medical and police check sent to embassy

Visa issued Jan 5th 2015 :D

5.5 months in NVC

8.5 months total

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Hi Canadian_wife! Partner is an Aussie term that people use all the time when referring to their significant other. Guess it's something I picked up along the way. We're an opposite sex couple. :)

Haha as an Aussie I have to comment here! :P

Partner typically means "same-sex" partner in Australia as well. Some of the older people use it for their bf/gf because the term boyfriend or girlfriend isn't serious enough to explain their relationship.

Also, Australia recognises defacto couples. You wouldn't really be a spouse, but in that instance you could conceivably call yourself a partner, especially because you have to go through a type of "divorce" process to split possessions etc.

Honestly though, I only ever said bf then fiance and now husband because "partner" to me usually means "same-sex" so I didn't want that confusion :P

**Addendum - depending on what state you're in this makes a difference too. Some of the inhabitants of certain states (which shall remain nameless) are odd :P

  • 2 weeks later...
Filed: AOS (apr) Country: Australia
Timeline
Posted

My Fiance is here with me in Australia also, I guess we are in a fairly similar situation, she has a job to go back to in the US and her family will go as co-sponsors for me so hopefully that all works out with out any issues, I've also lived and worked in the US and have a job to go to once my visa and everything is approved and i have employment authorization, don't know if that will effect anything though.

We had no issues so far filing from Australia, USCIS will send all letters here no problem, you just have to wait about 7 days longer for the post. Do you guys have a co-sponsor available? By the sounds of it very few Australians get rejected for US visas, unless there is a criminal record of you lie on forms... Anyway good luck, will be interesting to see how we go through the process.

AOS+EAD Sent 8-9-13

AOS+EAD Received 8-13-13

EAD NOA1 8-13-13

AOS NOA1 8-15-13

AOS+EAD Biometrics 9-17-2013, Walk-In 8-29-2013

EAD Approved 10-15-13

AOS Interview 12-18-13

E-REQUEST 2-3-14

INFOPASS Appointment 2-12-14

AOS Approved 2-24-2014

Filed: AOS (apr) Country: Australia
Timeline
Posted

Haha as an Aussie I have to comment here! :P

Partner typically means "same-sex" partner in Australia as well. Some of the older people use it for their bf/gf because the term boyfriend or girlfriend isn't serious enough to explain their relationship.

Also, Australia recognises defacto couples. You wouldn't really be a spouse, but in that instance you could conceivably call yourself a partner, especially because you have to go through a type of "divorce" process to split possessions etc.

Honestly though, I only ever said bf then fiance and now husband because "partner" to me usually means "same-sex" so I didn't want that confusion :P

**Addendum - depending on what state you're in this makes a difference too. Some of the inhabitants of certain states (which shall remain nameless) are odd :P

I know I'm late to the party, but it does? Everyone I know says partner (in Aus) and I thought that was normal.. I think it sounds better than other terms too. I even call my husband my partner here... I hope no one things either of us are the opposite sex.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I know I'm late to the party, but it does? Everyone I know says partner (in Aus) and I thought that was normal.. I think it sounds better than other terms too. I even call my husband my partner here... I hope no one things either of us are the opposite sex.

Well "normal" is relative. Used to be that being "gay" meant you were happy. Words change and evolve over time.

I wrote a long post but the gist is this: yes. Most people think you're talking about your homosexual partner because that is what that word, by itself, has evolved to mean. You're much better off saying husband if you don't want that inference.

My colleague refers to me as her "office partner". If she told people: "my partner Vanessa" people would infer we're homosexual, simply adding the word "office" changes the meaning.

Use whatever makes you happy :)

Posted

My Fiance is here with me in Australia also, I guess we are in a fairly similar situation, she has a job to go back to in the US and her family will go as co-sponsors for me so hopefully that all works out with out any issues, I've also lived and worked in the US and have a job to go to once my visa and everything is approved and i have employment authorization, don't know if that will effect anything though.

We had no issues so far filing from Australia, USCIS will send all letters here no problem, you just have to wait about 7 days longer for the post. Do you guys have a co-sponsor available? By the sounds of it very few Australians get rejected for US visas, unless there is a criminal record of you lie on forms... Anyway good luck, will be interesting to see how we go through the process.

Thanks for the reply! We haven't discussed co-sponsor yet but I have family and friends who could do so. I don't have work lined up in the US but I'm sure I can find something when I get there. We plan on staying with my mother since she has room until we find a place of our own and figure out work situation.

How far along in the process are you? I keep hearing the process takes about 3-4 months.

USCIS

03/28/2014 - I-130 mailed to Chicago Lockbox

04/07/2014 - USCIS Received I-130 form

04/08/2014 - I-130 NOA1 and transferred to California Service Center (email) (11 days)

04/17/2014 - Received NOA1 in the mail from California Service Center (hardcopy) (8 days)

04/24/2014 - I-130 Approved NOA2 (case number updated on the website 4:50pm) (17 days)

05/20/2014 - Received NOA2 in the mail from California Service Center (hardcopy) (27 days)

NVC

06/09/2014 - Case number, INN, BNN Received (21 days)

06/09/2014 - DS-261 available and completed (21 days)

06/09/2014 - AOS fee invoice and paid (21 days)

08/13/2014 - IV fee invoice and paid (65 days)

08/28/2014 - AOS Package sent to NVC

09/03/2014 - DS-260 online form completed

09/08/2014 - AOS Package delivered to NVC

09/08/2014 - AOS Package Scanned

09/10/2014 - IV Package sent to NVC

09/15/2014 - IV Package Scanned

11/17/2014 - Called NVC was told a supervisor is reviewing my case and it could take up to 42 days :(

11/19/2014 - Called NVC and was informed that expedite request was approved. Waiting for NVC to review and send paperwork to Sydney.

11/20/2014 - Website shows AOS N/A N/A which means it's possibly accepted. (Unconfirmed)

11/20/2014 - Called NVC and was informed of Case Complete!!

Medical - Scheduled for Dec 16th 2014

Interview

12/3/2014 - Email received with interview appointment for December 9th 2014

12/9/2014 - Interview went well but not approved because of birth certificate name change. Approval after fingerprint police form.

12/30/2014 - Medical and police check sent to embassy

Visa issued Jan 5th 2015 :D

5.5 months in NVC

8.5 months total

Filed: AOS (apr) Country: Australia
Timeline
Posted

Thanks for the reply! We haven't discussed co-sponsor yet but I have family and friends who could do so. I don't have work lined up in the US but I'm sure I can find something when I get there. We plan on staying with my mother since she has room until we find a place of our own and figure out work situation.

How far along in the process are you? I keep hearing the process takes about 3-4 months.

Right now I'd expect to be more around the 6-7 month mark, we are about 2 months in, unfortunately had the application returned for using the AU country abbreviation in November which knocked us back a little bit.

AOS+EAD Sent 8-9-13

AOS+EAD Received 8-13-13

EAD NOA1 8-13-13

AOS NOA1 8-15-13

AOS+EAD Biometrics 9-17-2013, Walk-In 8-29-2013

EAD Approved 10-15-13

AOS Interview 12-18-13

E-REQUEST 2-3-14

INFOPASS Appointment 2-12-14

AOS Approved 2-24-2014

Filed: Country: Australia
Timeline
Posted (edited)

I'm in pretty much the exact same situation lol!

My partner (opposite sex partner haha) is a US citizen, we've been together years and she lives with me in Australia.. We want to get married in the US so we are looking at the K1 visa as well.

The marriage visa is beneficial and cheaper, however we want to marry in the US because my partner's family is there, so K1 is really our only option.

Any work you have in Australia wont count unfortunately (unless you can show that the income will continue when you move to the USA).. My partner therefore cannot be my sponsor as she doesn't work in the US, she lives here in Australia. We are going to ask a family member of hers to be the sponsor (The sponsor has to be a USC).

So we're thinking of filing over the next few days.. 3-4 months would be a dream! We are expecting anywhere up to 12 months based on what we've read... not sure how long it all takes. We just don't want to be separated.. hoping we can do the whole journey together.

had the application returned for using the AU country abbreviation in November which knocked us back a little bit.

Which form was that for? Do you mean you wrote AU instead of "Australia"?

Edited by kdude1
Filed: Citizen (apr) Country: Australia
Timeline
Posted
The marriage visa is beneficial and cheaper, however we want to marry in the US because my partner's family is there, so K1 is really our only option.

Why don't you legally marry in Australia and have another wedding in the US? Or travel to the US, get married, and come back and file the CR-1?

Which form was that for? Do you mean you wrote AU instead of "Australia"?

Yep, you MUST use the full country, not abbreviation.

Filed: Country: Australia
Timeline
Posted (edited)

Why don't you legally marry in Australia and have another wedding in the US? Or travel to the US, get married, and come back and file the CR-1?

I imagine going for an interview at the consulate and the conversation going something like this:

Interviewer: So where did you get married?

Me: At the courthouse

Interviewer: How many people in your family attended?

Me: None

Interviewer: What does your family think of your marriage?

Me: They don't know

lol. So even though the K1 is a little bit tougher, it's the right fit for us I think.

Edited by kdude1
Filed: Citizen (apr) Country: Australia
Timeline
Posted

I imagine going for an interview at the consulate and the conversation going something like this:

Interviewer: So where did you get married?

Me: At the courthouse

Interviewer: How many people in your family attended?

Me: None

Interviewer: What does your family think of your marriage?

Me: They don't know

lol. So even though the K1 is a little bit tougher, it's the right fit for us I think.

First 2 questions won't matter because Australia isn't high fraud. Last one, why wouldn't you tell them?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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