Australian Moving to US

[Elglobo 0]

Hi all,

Just wondering which would be the best way for myself to gain entry in the US for the purposes of immigration.

My partner who is a US citizen by birth and I have been living in Australia going on 3 years now and are now engaged. We were going to get married here in Australia and try to move to Los Angeles, California when we spoted the K-3 Visa. Upon searching for information on said visa we got nowhere until i kept seeing the CR-1 and SR-1 Visa's and that K-3 Visa are no longer a common occurrence to the point that immigration lawyers wont even attempt one. We have had a look at the K-1 Visa as well as we currently aren't married but we do not want to be away from each other for any period of time if we can avoid it.

Here is the main issue, it seems K-1, CR-1 or SR-1 all require my partner to already reside in the US before we apply and i would have to be here for 4 months or more while waiting for approval. What i was wondering is does any one have any information on another way for me to gain entry into America without applying for the above mentioned Visa (as they all seem pretty much the same with minor differences in cost)?

Any insight would be greatly appreciated

Tali

[Harpa Timsah 13,258]

Start here: http://www.visajourney.com/content/compare

Those visas aren't the same. One is something you start after you are married, and the other you start when you are engaged (if you agree to marry in the US upon entry).

The USC is not required to be in the US. You can use a co-sponsor instead, for the financial part (which requires a US job or assets).

[Mr.&Mrs.EMB 55]

Direct consulate filing and then look for a co sponsor in the states. A family member of the USC will be best, in my opinion.

[KPea 0]

Hey Tali,

If your USC fiance is in Australia on some sort of Australian visa and has a right to remain in Australia for the next 4 months minimum (that it might take for visa to be approved) there is no need to be separated. You have it easy! My USC fiance has also been living in Sydney with me for the past year, and we applied from Sydney and have gone through the whole process together from Sydney.

I got the K-1 visa, just note its valid for about 6 months so you have to enter US within 6 months of visa approval. Its quite a process (USC fiance has to send petition to Texas, wait, more waiting, then if approved it gets sent to NVC in New Hampshire, before it finally gets forwarded to Sydney US Consulate whereby you have to get police check, medical etc done before the interview. Once entering the US you have 90 days to get married, then after that you can apply to change your status to American Permanent Resident (Green Card holder) and years down the track you can apply for citizenship.

I can't speak about the K3 visa because that didn't apply to me.

Hi all,

Just wondering which would be the best way for myself to gain entry in the US for the purposes of immigration.

My partner who is a US citizen by birth and I have been living in Australia going on 3 years now and are now engaged. We were going to get married here in Australia and try to move to Los Angeles, California when we spoted the K-3 Visa. Upon searching for information on said visa we got nowhere until i kept seeing the CR-1 and SR-1 Visa's and that K-3 Visa are no longer a common occurrence to the point that immigration lawyers wont even attempt one. We have had a look at the K-1 Visa as well as we currently aren't married but we do not want to be away from each other for any period of time if we can avoid it.

Here is the main issue, it seems K-1, CR-1 or SR-1 all require my partner to already reside in the US before we apply and i would have to be here for 4 months or more while waiting for approval. What i was wondering is does any one have any information on another way for me to gain entry into America without applying for the above mentioned Visa (as they all seem pretty much the same with minor differences in cost)?

Any insight would be greatly appreciated

Tali

[NikLR 13,227]

DCF is not available in Australia. Please dont suggest it when it's not an option.

[Elglobo 0]

KPea, thanks heaps for all the information, i still have a few further questions if you don't mind (Also NLR is right we do not have a USCIS counter here in Australia). With the affidavit of support, which i believe you need for a K-1 and pretty much any Visa, it states it requires proof of income and current savings from an american stand point I.E. An American income into an American bank account. If that is the case do we need to use say the parents of my fiance as co-sponsors on this form? If so can we also send our savings over to help prove further that i will not be a burden on the public welfare system. Also my parents have recently gained entry into the US under a working Visa for my father and are in the process of getting a Green Card, can i use them as a co-sponsor or it has to another USC?

By the way i would like to already thank everyone here on this website and more so on this thread as this is more information than i received from both immigration lawyers and the consulate here in Sydney, so thanks again.

[Elglobo 0]

Sorry forgot to quote you to get your attention to the above post....thanks =D

Hey Tali,

If your USC fiance is in Australia on some sort of Australian visa and has a right to remain in Australia for the next 4 months minimum (that it might take for visa to be approved) there is no need to be separated. You have it easy! My USC fiance has also been living in Sydney with me for the past year, and we applied from Sydney and have gone through the whole process together from Sydney.

I got the K-1 visa, just note its valid for about 6 months so you have to enter US within 6 months of visa approval. Its quite a process (USC fiance has to send petition to Texas, wait, more waiting, then if approved it gets sent to NVC in New Hampshire, before it finally gets forwarded to Sydney US Consulate whereby you have to get police check, medical etc done before the interview. Once entering the US you have 90 days to get married, then after that you can apply to change your status to American Permanent Resident (Green Card holder) and years down the track you can apply for citizenship.

I can't speak about the K3 visa because that didn't apply to me.

[KPea 0]

Sorry forgot to quote you to get your attention to the above post....thanks =D

Hey I didn't have anything to do with DCF so can't comment on that.

My USC fiance is actually still working for a US company remotely, so he still has US income, pays US taxes etc.

I believe you can get parents as co-sponsor but I don't have any information about this.

[NikLR 13,227]

KPea, thanks heaps for all the information, i still have a few further questions if you don't mind (Also NLR is right we do not have a USCIS counter here in Australia). With the affidavit of support, which i believe you need for a K-1 and pretty much any Visa, it states it requires proof of income and current savings from an american stand point I.E. An American income into an American bank account. If that is the case do we need to use say the parents of my fiance as co-sponsors on this form? If so can we also send our savings over to help prove further that i will not be a burden on the public welfare system. Also my parents have recently gained entry into the US under a working Visa for my father and are in the process of getting a Green Card, can i use them as a co-sponsor or it has to another USC?

By the way i would like to already thank everyone here on this website and more so on this thread as this is more information than i received from both immigration lawyers and the consulate here in Sydney, so thanks again.

You can use a USC or LPR or assets. The assets must be three times the poverty guidelines for a spouse. For a spousal visa you use the I-864 which is legally binding, for the K1 it's the I-134 which is not (but when you adjust your status you will need the I-864.)

Keep in mind that a spousal visa (CR1) grants you a green card upon entry with the visa. You can work as soon as you get your SSN and travel outside the USA immediately. The K1 is faster, but it requires you to get married within the USA, then adjust your status ($1070). You won't be able to work or leave the USA for about 3 months (until you get your advance parole/work authorization card.) The green card still takes about a year after fling for AOS.

So look at your options carefully and decide what's needed. If his family is willing and is able to qualify as joint sponsors you can certainly stay together. Look up the I-864 and the poverty guidelines I-864P and also ask them to go over the requirements in the form. It is legally binding and you cannot use means tested benefits (no medicare or food stamps etc..) while you are an LPR without someone being made to pay them back (if your spouse cannot, then any joint sponsors will have to.)

Remember health care is NOT free in the USA. It's very expensive.

[Elglobo 0]

Hey I didn't have anything to do with DCF so can't comment on that.

My USC fiance is actually still working for a US company remotely, so he still has US income, pays US taxes etc.

I believe you can get parents as co-sponsor but I don't have any information about this.

Hmm that would make it easier i guess if he is still getting paid into an American account from an American company.

I believe someone before your last post posted something about DCF.

You can use a USC or LPR or assets. The assets must be three times the poverty guidelines for a spouse. For a spousal visa you use the I-864 which is legally binding, for the K1 it's the I-134 which is not (but when you adjust your status you will need the I-864.)

Keep in mind that a spousal visa (CR1) grants you a green card upon entry with the visa. You can work as soon as you get your SSN and travel outside the USA immediately. The K1 is faster, but it requires you to get married within the USA, then adjust your status ($1070). You won't be able to work or leave the USA for about 3 months (until you get your advance parole/work authorization card.) The green card still takes about a year after fling for AOS.

So look at your options carefully and decide what's needed. If his family is willing and is able to qualify as joint sponsors you can certainly stay together. Look up the I-864 and the poverty guidelines I-864P and also ask them to go over the requirements in the form. It is legally binding and you cannot use means tested benefits (no medicare or food stamps etc..) while you are an LPR without someone being made to pay them back (if your spouse cannot, then any joint sponsors will have to.)

Remember health care is NOT free in the USA. It's very expensive.

My parents can sponsor us no issue with the poverty line, its just a matter of if they are qualified as LPR. With USC co-sponsor do they have to be direct relation to my partner or can be long standing friends willing to co-sponsor me?

I am aware of the US health care system being extremely expensive and ours being "free" and have factored this into our pros and cons list.

I also stated it might be easier for us to move to Canada as we are part of the almighty commonwealth but alas California it is

Also forgot to ask do you assets within the united states or just assets we have and prove we own such as a large savings account here in Australia?

Edited February 13, 2014 by Elglobo

[Harpa Timsah 13,258]

Any USC or LPR can co-sponsor. Does not have to be related.

Your fiance can stay in Aus until you get your visa and then you can move together.

[NikLR 13,227]

yes you'd have to show proof of assets. They would have to be able to move over to the USA within a year I believe, but US based already is best.

Until your parents have their green card they don't have LPR status so cannot sponsor but afterwards they can. No you do not have to be related to the joint sponsor.

[Kiwilicious 0]

Hi all,

Just wondering which would be the best way for myself to gain entry in the US for the purposes of immigration.

My partner who is a US citizen by birth and I have been living in Australia going on 3 years now and are now engaged. We were going to get married here in Australia and try to move to Los Angeles, California when we spoted the K-3 Visa. Upon searching for information on said visa we got nowhere until i kept seeing the CR-1 and SR-1 Visa's and that K-3 Visa are no longer a common occurrence to the point that immigration lawyers wont even attempt one. We have had a look at the K-1 Visa as well as we currently aren't married but we do not want to be away from each other for any period of time if we can avoid it.

Here is the main issue, it seems K-1, CR-1 or SR-1 all require my partner to already reside in the US before we apply and i would have to be here for 4 months or more while waiting for approval. What i was wondering is does any one have any information on another way for me to gain entry into America without applying for the above mentioned Visa (as they all seem pretty much the same with minor differences in cost)?

Any insight would be greatly appreciated

Tali

Hi mate ,

Kiwi here in New Zealand ...Go for I-130 petition .

any questions ...email me here .

Thanks.

Francisco

[Cathi 5,755]

Direct consulate filing and then look for a co sponsor in the states. A family member of the USC will be best, in my opinion.

Not an option in Australia, please don't suggest things if they are not correct as it just confuses the OP

[Cathi 5,755]

Hey I didn't have anything to do with DCF so can't comment on that.

My USC fiance is actually still working for a US company remotely, so he still has US income, pays US taxes etc.

I believe you can get parents as co-sponsor but I don't have any information about this.

Unless parents already have a green card and LPR status they are not eligible to joint sponsor