My fiance is in the usa and I want to join here there

[guitarman4371 0]

I am an Australian citizen in love with an American girl.

Weve been involved on the internet my girl and I now for over 18 months and we love each other very much.

We virtually live on skype and Viber. We talk on Skype when we wake up and when we go to bed and talk on the phone every second we are free. Ive met her mum on Skype and some of her friends and her children. We have lived each others lives through this medium.

We finally went the next step and met and found we love each other even more.

I went for a visit to the USA and met her and we where inseparable for the 5 weeks I was there. We are smitten with each other. I asked her to marry me in front of her mum and her auntie and of course she said yes, so we got engaged.

I had to go back to Australia due to work commitments. We are both devastated we had to part. Its only been a week since I left and we are really feeling sad and lonely without each other.

My Divorce will be complete soon and we plan to do the K-1 Fiance visa thing so I can move over there and be with her.

I am really scared about not being able to be with her as a lot of comments on the internet seem to suggest its a hard and drawn out process.

My old boss from the Casino here lives in Las Vegas and we caught up with him and he went through the same process but hes the American and his wife is Australian, He said it took roughly 6 months but that was before 9/11.

He's giving me as much advice as he can on this, something I greatly appreciate.

I have some points that need clarification if anyone has anything factual they can add.

1/ Im told that if you marry a US citizen under a travel visa (or visa waiver program) you have the right to stay until they figure out if you married for love or citizenship. Is that the case, has anyone done that and lived to tell the tale??

2/ Under the fiancé visa they say about the us citizen being able to support the immigrant (me). Why cant I just have enough money in the bank to support myself and her (she does work but doesn't earn that much). Although I did read on USCIS I may prove I can support myself (I think).

3/ Do I have any better chance due to the fact that weve already met and courted and got engaged.

4/ If we get married can I apply for a work visa straight away?? I am keen to work and we are really excited about starting a new life together.

If anyone has any constructive or anecdotal comments please let me know. Im desperate to know how our chances are , its bad enough being in love and being this far apart its even worse waiting and hoping and praying we can be together forever.

[jajaju 33]

1. it's not so much them determining if you married for love or citizenship, they're determining if you entered the US on Visa Waiver KNOWING you were going to marry and file for Adjustment of Status.

When you file for the AOS, there's still a long time before the interview where you've got to hope the officer believes your intent (which you've already told us the true intent would be to over stay the tourist visa)…

So if the officer determines/finds out that you've come with intent to overstay (considered to be fraud), you will be immediately deported and have to start the I-130 process from the beginning. **This is as explained to me by a lawyer so apologies if explained in simple terms by me.

3. It sounds like you've got plenty compared to others in similar situations to you. You can even get affidavits from her friends and family to say they've met you and their understanding of your relationship.

4. I believe the work permit card is one of the first things you are given when you migrate, others on here will be able to have more solid info on that.

Good luck to you! I'd say whatever avenue you choose just get it filed ASAP so you can join the line. There's absolutely no short cut for it unfortunately.

[ggsacks 82]

I am an Australian citizen in love with an American girl.

Weve been involved on the internet my girl and I now for over 18 months and we love each other very much.

We virtually live on skype and Viber. We talk on Skype when we wake up and when we go to bed and talk on the phone every second we are free. Ive met her mum on Skype and some of her friends and her children. We have lived each others lives through this medium.

We finally went the next step and met and found we love each other even more.

I went for a visit to the USA and met her and we where inseparable for the 5 weeks I was there. We are smitten with each other. I asked her to marry me in front of her mum and her auntie and of course she said yes, so we got engaged.

I had to go back to Australia due to work commitments. We are both devastated we had to part. Its only been a week since I left and we are really feeling sad and lonely without each other.

My Divorce will be complete soon and we plan to do the K-1 Fiance visa thing so I can move over there and be with her.

I am really scared about not being able to be with her as a lot of comments on the internet seem to suggest its a hard and drawn out process.

My old boss from the Casino here lives in Las Vegas and we caught up with him and he went through the same process but hes the American and his wife is Australian, He said it took roughly 6 months but that was before 9/11.

He's giving me as much advice as he can on this, something I greatly appreciate.

I have some points that need clarification if anyone has anything factual they can add.

1/ Im told that if you marry a US citizen under a travel visa (or visa waiver program) you have the right to stay until they figure out if you married for love or citizenship. Is that the case, has anyone done that and lived to tell the tale??

2/ Under the fiancé visa they say about the us citizen being able to support the immigrant (me). Why cant I just have enough money in the bank to support myself and her (she does work but doesn't earn that much). Although I did read on USCIS I may prove I can support myself (I think).

3/ Do I have any better chance due to the fact that weve already met and courted and got engaged.

4/ If we get married can I apply for a work visa straight away?? I am keen to work and we are really excited about starting a new life together.

If anyone has any constructive or anecdotal comments please let me know. Im desperate to know how our chances are , its bad enough being in love and being this far apart its even worse waiting and hoping and praying we can be together forever.

1) If you attempt to enter the United States with the intent to marry and file for adjustment of status, you're committing immigration fraud. Yes this is a long and drawn out process, but we are all surviving through it too. As the poster above me said, they wouldn't be trying to figure out if you married for love or citizenship in this instance, they would be asking you to prove nonimmigrant intent, which would be very, very, very hard to do. And by the sounds of it, a lie. Rule number one: don't lie at any point in this process.

2) Your USC partner must make 125% of the poverty guideline for their household size in order to file an affidavit of support for you. Your money in the bank is irrelevant here and doesn't count toward this. Alternatively, if your partner doesn't make enough, you may use a co-sponsor (another US citizen who does meet the 125% of poverty guideline requirement).

3) Having met in the last 2 years is a requirement for even filing the I-129F and beginning the process toward a K-1 visa. No, you don't have a better chance as you only meet the requirements that everyone has to.

4) There's a few different things you could be asking here and I'm not sure which you mean. Have a read up on CR-1 and K-1 visas, which are the two options for foreigners with a USC partner. Neither of these is a "work visa" per se, but they are avenues to permanent residency in the United States. With permanent residency comes the right to work. If you enter the US on a K-1, after you have married, you can concurrently apply for work authorization when you file your adjustment of status. Like everything in this process, it's not fast, and you definitely wouldn't be working until at least a couple of months after stepping of the plane.

My best piece of advice for your first step to take: forget everything you've been told, as it seems you have been privy to a fair bit of misinformation, and start afresh by reading the guides on this site (see up top) which will explain fully how the fiance and spousal visa process works, step by step. This site is a wonderful resource, and the people are helpful and supportive. But, it's a confusing process at the best of times, and to survive it you alone also need to know exactly how it works, what to expect, what you can and can't, should and shouldn't do - so before you even begin asking these questions, read up and learn as much as you can - why don't you and your fiance read through the K-1 guides and research the forums here together? People will be able to help you much better here if you know the questions to ask. The search bar at the top right is a wealth of information. There are a lot of acronyms and confusing words and terms, but this site should really easily help you figure those out.

There is no easy way to do this. There's the long way, and then the longer way. It's a ####### process to go through, but it is what it is. Countless people have gone through it before you, are going through it with you, or will go through it in the months and years to come. And if you're in a genuine relationship with a USC, then it will likely work out well for you. It's true that the waiting seems forever, until you get what you are waiting for. And the crux of it is that if you can endure this process, the things you will gain fair outweigh the pain of waiting. Best of luck!

[jajaju 33]

@giuseppeg is exactly right.

When I first understood all the things that were said in the post above, I cried. It's hard to be told you can't be with someone. In my mind I thought 'but there's GOT to be a way around it'. Well, there isn't. It's not worth the stress of waiting 9 months for an AOS interview where at the end of it you could be escorted by officers straight to the airport. Again as said in previous post it's very very very hard to 'get away with' an AOS.

Anyway all the best to you. Get those papers filed whichever way you decide! Sooner the better. If I were you I'd opt for K1 because it seems much faster but you guys should weigh up all options.

[lost_at_sea 995]

You have intent to marry and immigrate on a tourist visa - so doing so would most definitely be visa fraud. Please don't risk your life together for the sake of saving some time - you've got a lot of years ahead of you to be together.

You've got two good options:

1. File the I-129f for K1 ASAP. You won't be able to work immediately, but you'll be together sooner. It's the more expensive route and you'll not be able to work for about 3 months from marrying.

2. Marry ASAP (in the US or Aus or anywhere that'll legally do it) and file the I-130 for CR-1 visa (whilst still living in Aus, as with the K1). This'll let you work as soon as you land, because you get your green card immediately. It takes a little longer to obtain than the K1, but it's cheaper overall because you don't have to adjust your status.

Click "Guides" at the top. You'll find a comparison sheet "What visa do I need?" and guides for all of the above.

It's not that bad. The K1s appeared to have sped up a bit lately. The CR-1 is the better visa though, imho, if working and getting settled matters.

You'll be able to visit the USA during either process as a tourist to help break up the time.

Edited October 30, 2013 by lost_at_sea

[littlej 23]

keep in mind you will not be able to file for either visa until your divorce is finalised. It's a long, drawn out and painful process that all of us have been through/are going through, but if your relationship is strong it will be worth it.

[guitarman4371 0]

Thankyou to all who replied. I am a bit confused about some of this but I also have some info that may or may not be helpful and may confuse things more.

A couple of posters said read as much as you can find out all you can and check the FAQs on here too.

So I did.

As I understand it there are 2 ways to apply for the fiancé / marriage type permanent resident process.

1. My girl in the USA files a I-129 app for A K-1 visa for me as we are engaged but not yet married. Of course USCIS determine a fiancé as a man or woman legally free to marry and must stay that way during the process.

At some point here my girl has to prove she is able to support me which she cant do because she has 2 children and doesn't earn enough which as It turns out is a fairly common thing in the USA.

The list that states what the figures are currently for 100% and 125% above the poverty line for a 3 person household is pretty clear and apparently my money is no good at that point (as stated by one of the posters.).

Well here's what I found : http://travel.state.gov/visa/immigrants/types/types_2994.html#1

When you open that page read it down to the heading that says:

Proof of Financial Support and Affidavit of Support Forms

Then read what that says.

It clearly states I can show proof of being able to support my self, and that is from the US State department.

Am I missing something here???

Can I actually do that as per the state dept website or are they pulling my chain.

Also how long does the sponsor have to support the fiancé for. Is it until they get married which of course after getting married in most countries including the USA means that everything is co joined ie we are married now what yours is mine and what's mine is yours.

I mean I am partially supporting her at the moment so that makes things really difficult.

This is the stuff they don't tell you on this site or any USCIS or state dept site and they are the answers I need.

Of course the other option I have is to go and get married to her outside the USA and with that done start the CR-1 process

instead. That's at least what I understand so far. So Canada's looking good at the moment for a wedding.

Maybe someone can tell me if im close to the mark here.

Again, if we are married outside the USA do she need to sponsor me considering that a CR-1 is a conditional resident visa, and as soon as you land at a port you become a legal US citizen with a green card mailed out to you shortly thereafter and a social security number.

Now don't get me wrong im not trying to be a smartarse here I just would like some answers and neither this site or any US government website gives you everything you need to know, so how do you weigh up your options without the right info.

I think ill call the US embassy here and see what they reckon.

Thanks to those people who answered the call, I greatly appreciate it.

[kitthekat 1,317]

Thankyou to all who replied. I am a bit confused about some of this but I also have some info that may or may not be helpful and may confuse things more.

A couple of posters said read as much as you can find out all you can and check the FAQs on here too.

So I did.

As I understand it there are 2 ways to apply for the fiancé / marriage type permanent resident process.

1. My girl in the USA files a I-129 app for A K-1 visa for me as we are engaged but not yet married. Of course USCIS determine a fiancé as a man or woman legally free to marry and must stay that way during the process. She files the I-129F, the petition for alien fiancee. I-129 is for non-immigrant worker.

At some point here my girl has to prove she is able to support me which she cant do because she has 2 children and doesn't earn enough which as It turns out is a fairly common thing in the USA.

The list that states what the figures are currently for 100% and 125% above the poverty line for a 3 person household is pretty clear and apparently my money is no good at that point (as stated by one of the posters.).

Well here's what I found : http://travel.state.gov/visa/immigrants/types/types_2994.html#1

When you open that page read it down to the heading that says:

Proof of Financial Support and Affidavit of Support Forms

Then read what that says.

It clearly states I can show proof of being able to support my self, and that is from the US State department.

Am I missing something here???

Can I actually do that as per the state dept website or are they pulling my chain. The rules and requirements for the affidavit of support vary by consulate. I believe US Embassy in London accepts self-sponsorship. I have not heard of that being the case for Australia.

Also how long does the sponsor have to support the fiancé for. There are two affidavits of support you have to file throughout the K1 process. The I-134 is the one you present to the consulate at your interview. That is not legally binding and I believe is tied to your I-94 (lasts approximately 90 days). Once you are approved, enter the US and get married, you will file for Adjustment of Status (AOS). A second affidavit of support, the I-864, is required for AOS. That is legally binding and valid for 40 quarters/10 years of qualifying work, or until you become a US citizen. Is it until they get married which of course after getting married in most countries including the USA means that everything is co joined ie we are married now what yours is mine and what's mine is yours.

I mean I am partially supporting her at the moment so that makes things really difficult.

This is the stuff they don't tell you on this site or any USCIS or state dept site and they are the answers I need.

Of course the other option I have is to go and get married to her outside the USA and with that done start the CR-1 process

instead. That's at least what I understand so far. So Canada's looking good at the moment for a wedding.

Maybe someone can tell me if im close to the mark here.

Again, if we are married outside the USA do she need to sponsor me considering that a CR-1 is a conditional resident visa, and as soon as you land at a port you become a legal US citizen You become a legal resident, not a citizen. You will still retain your Australian citizenship, passport, etc. She, or a co-sponsor, would still need to sponsor you. with a green card mailed out to you shortly thereafter and a social security number.

Now don't get me wrong im not trying to be a smartarse here I just would like some answers and neither this site or any US government website gives you everything you need to know, so how do you weigh up your options without the right info.

I think ill call the US embassy here and see what they reckon.

Thanks to those people who answered the call, I greatly appreciate it.

I remember when my fiance and I were first deciding which visa to apply for. It was confusing, overwhelming, frustrating...still is. The best advice I can give you (which I wish I had taken myself!) is not to rush into anything and research all your available choices to death before making your decision.

Edited November 2, 2013 by kitthekat

[jajaju 33]

A simple way to put the affidavit of support thing, is that the US govt wants to have someone that the immigrant can have support them if they come upon a time that they may lose a job etc, and may need welfare payments.

So as far as I know, there needs to be someone on the affidavit even if you can prove that you can support yourself. But I'm not sure, it's definitely something you should look into!!

I still stand by the recommendation of K1, faster!