Transit Visa

[Kolewenoik31 57]

I have a question that I need answered, it leads to a K-1 filing. My fiance wants to go to Australia as a visitor then transit to America. His thoughts are these: He remembers something about him being able to possible sponsor himself in terms of paying for his ticket and room and board in Australia to satisfy the reqs. Once he gets there he said that he can only remain there for a month before he has to leave in transit to the third country in this case America all on his own sponsorship. Does anyone know if he is right?

I know as a quickly looked at the Visas in Australian some did not need sponsors.It did say something about meeting the reqs. for the third country is that according to Australian reg for a visa or no? I hope I am being clear... Can he sponsor himself with just his airfare to Australia, room and board plus his ticket to America or will he still have to have a sponsor from Australia to America? If I need to make it more clear I will try but I think it may be somewhat clear.

[Darnell 8,479]

nothing is useful if he doesn't get a tourist visa to come into the USA.

[Kastrs 723]

If you are looking to file a K1 visa please see the Guides

Note that he will be allowed to visit the us during the K1 process only if he can get a visitor B2 visa. The K1 will require at a minimum him being in his country for the medical appointment and interview, and also that he does not overstay any potential time allowed in America.

[Kolewenoik31 57]

My questions were still not answered does anyone in Australia know anything about this?

[C-ma'am 684]

**Post moved from K1 to Australia & New Zealand. OP's question is not related to a K1 process or procedure and wants to know about some sort of transit/visitor visa for Australia

[Alex&Amy 28]

Not so sure, what type of visa are you looking at for Australia? Be careful not to violate any Australian immigration rules, it will not end pretty.

[Lainie B 465]

My questions were still not answered does anyone in Australia know anything about this?

I can't understand from you original post what it is he is thinking of trying to do.

[Kolewenoik31 57]

I can't understand from you original post what it is he is thinking of trying to do.

Well he wants to eventually come to the USA but he was thinking of a way to sponsor himself. So the thought is to go to Australia then transit to America. Repeating..he thought there was a way to pay for his airlines ticket and accommodations to go to Australia. Remain there I believe for a month then pay the airlines ticket to America all on his own sponsorship. Omitting him having to be sponsored by me {fiancee'} or anyone else {co-sponsor} in the USA. Is that possible or must he have a sponsor even to travel from Australia to America?

[Kolewenoik31 57]

Not so sure, what type of visa are you looking at for Australia? Be careful not to violate any Australian immigration rules, it will not end pretty.

Not trying to violate "ANY" rules in "any" country that is why I am asking what are the rules for someone coming from their country into Australia then to a third country. I did look up transit visas but the Australian immigration site seems complicated to navigate or I guess maybe I am not familiar enough with the website to navigate yet..Maybe I need to spend more time learning the site!

[Lainie B 465]

Well he wants to eventually come to the USA but he was thinking of a way to sponsor himself. So the thought is to go to Australia then transit to America. Repeating..he thought there was a way to pay for his airlines ticket and accommodations to go to Australia. Remain there I believe for a month then pay the airlines ticket to America all on his own sponsorship. Omitting him having to be sponsored by me {fiancee'} or anyone else {co-sponsor} in the USA. Is that possible or must he have a sponsor even to travel from Australia to America?

Are you still talking about him coming to the US on a K-1? Then I think you mean he wants to go to Australia on a tourist or transit visa and while there, file for a K-1 visa at the US consulate in Australia, and from there go to

Is so, then there are several problems with this plan:

1) he has to be a resident of Australia to be able to file for the K-1 in Australia (ie he would need a work or immigrant visa for Australia and actually live there. A 1-month visit on a tourist visa will not allow him to file for a K-1 in Australia)

2) I have not heard of self-sponsoring for a K-1 at the US consulate in Australia. You will still have to sponsor him. Australians need their US fiance to sponsor them, just like everyone else.

I'm not sure why you are mentioning a transit visa. This will only allow him to remain in Australia for 72 hours maximum. I think you mean he wants a tourist visa. However a tourist visa won't allow him to file for a K-1 from Australia. A tourist visa in Australia will allow him to visit for 3, 6 or 12 months, depending on his circumstances, but he won't be a resident.

I could be mistaken about what his plan is, if I am wrong please correct me.

Edited March 21, 2013 by Lainie B

[Kolewenoik31 57]

Are you still talking about him coming to the US on a K-1? Then I think you mean he wants to go to Australia on a tourist or transit visa and while there, file for a K-1 visa at the US consulate in Australia, and from there go to

Is so, then there are several problems with this plan:

1) he has to be a resident of Australia to be able to file for the K-1 in Australia (ie he would need a work or immigrant visa for Australia and actually live there. A 1-month visit on a tourist visa will not allow him to file for a K-1 in Australia)

2) I have not heard of self-sponsoring for a K-1 at the US consulate in Australia. You will still have to sponsor him. Australians need their US fiance to sponsor them, just like everyone else.

I'm not sure why you are mentioning a transit visa. This will only allow him to remain in Australia for 72 hours maximum. I think you mean he wants a tourist visa. However a tourist visa won't allow him to file for a K-1 from Australia. A tourist visa in Australia will allow him to visit for 3, 6 or 12 months, depending on his circumstances, but he won't be a resident.

I could be mistaken about what his plan is, if I am wrong please correct me.

I think you understand the thought so basically he has to be a resident to file a K-1 in Australia to the US! And yes it is a tourist/transit visa which ever one...Now another question If he is on a tourist/transit visa in Australia can he transit to US? If so do you know the procedure let say it's not for a K-1 filing but maybe a tourist visa. Sorry if it confusing.

[Lainie B 465]

Yes he must be a resident of a country in order to file there.

So he'll file for and receive his K-1 in Kenya, then go visit Australia, and then from there go to the US on the K-1? I don't see a problem with that, but out of curiosity why would he do plan to do that? Is it just to visit Australia on his way to the US, or is there some immigration reason (I can't think of what benefit this would bring for migrating to the US).

If he wants to visit Australia before migrating to the US he'll need a tourist visa for Australia. If he only holds a Kenyan passport he's not eligible for the evisitor visa (subclass 651) or the ETA visitor visa (subclass 976). He would need a regular tourist visa (subclass 600). Looks like the old visitor visa (sublcass) 676) is being abolished as of tomorrow (March 23 2013).

Here is information about the new tourist visa subclass 600:

http://www.immi.gov.au/visas/visitor/600/

By the way "Transit" usually means a very brief layover on the way to somewhere else that forms part of an itinerary, usually only 24 hours, though in Australia it can be up to 72 hours on a transit visa. I think you mean he wants to visit Australia as a tourist. Using the word "transit" in this situation is confusing.

[Lainie B 465]

Yes he must be a resident of a country in order to file there.

So he'll file for and receive his K-1 in Kenya, then go visit Australia, and then from there go to the US on the K-1? I don't see a problem with that, but out of curiosity why would he do plan to do that? Is it just to visit Australia on his way to the US, or is there some immigration reason (I can't think of what benefit this would bring for migrating to the US).

If he wants to visit Australia before migrating to the US he'll need a tourist visa for Australia. If he only holds a Kenyan passport he's not eligible for the evisitor visa (subclass 651) or the ETA visitor visa (subclass 976). He would need a regular tourist visa (subclass 600). Looks like the old visitor visa (sublcass) 676) is being abolished as of tomorrow (March 23 2013).

Here is information about the new tourist visa subclass 600:

http://www.immi.gov.au/visas/visitor/600/

By the way "Transit" usually means a very brief layover on the way to somewhere else that forms part of an itinerary, usually only 24 hours, though in Australia it can be up to 72 hours on a transit visa. I think you mean he wants to visit Australia as a tourist. Using the word "transit" in this situation is confusing.

Correction: ETA is now subclass 601. But this one doesn't apply to your husband unless he has a passport from one of the listed countries.

The Australian Government visa website is a little confusing right now since there are some big changes happening on March 23rd, but they haven't fully updated the information on the website yet. In fact it still says the changes are "Subject to approval by the Governor-General"

Edited March 22, 2013 by Lainie B

[VanessaTony 3,567]

Well he wants to eventually come to the USA but he was thinking of a way to sponsor himself. So the thought is to go to Australia then transit to America. Repeating..he thought there was a way to pay for his airlines ticket and accommodations to go to Australia. Remain there I believe for a month then pay the airlines ticket to America all on his own sponsorship. Omitting him having to be sponsored by me {fiancee'} or anyone else {co-sponsor} in the USA. Is that possible or must he have a sponsor even to travel from Australia to America?

What I am reading from your post is the friend thinks that by coming to Australia he'll be able to more easily get to the US to stay.

Australia is a low fraud yes, but we don't get a free ticket to America. Being an Australian (with an Aussie passport) you'd be able to try and enter using the VWP but that's just to visit, not to stay/work.

As he isn't Australian, visiting Australia does not make it easier for him to get to the US. He can certainly VISIT Australia before flying to the US if he gets the appropriate visa, but he would still need a US visa... Enter the US via Australia does not guarantee entry.

[Kolewenoik31 57]

What I am reading from your post is the friend thinks that by coming to Australia he'll be able to more easily get to the US to stay.

Australia is a low fraud yes, but we don't get a free ticket to America. Being an Australian (with an Aussie passport) you'd be able to try and enter using the VWP but that's just to visit, not to stay/work.

As he isn't Australian, visiting Australia does not make it easier for him to get to the US. He can certainly VISIT Australia before flying to the US if he gets the appropriate visa, but he would still need a US visa... Enter the US via Australia does not guarantee entry.

Thank you for your reply