Three questions - who can sponsor and does location matter?

[Cameron84 0]

Hi all,

Brand new to the forum and to this whole visa process! Been with my same-sex partner for 2 years but we have been living between Australia and the UK as the only places with acceptable visa conditions (at the time). As we're now at a point where we want to get married, we are looking to go back to my partners home in Florida (I'm Australian).

I've been reading all the requisite information and think I've got a good handle on it except for three immediate questions that popped up.

1) It says your US fiancé has to provide an I-134 when you go to adjust status from k1 to k3. I'm the usual breadwinner in this relationship, and as we've been living in Australia, my partner does not have a US job (or address). Will his parents be able to sponsor me on an I-134, or does it have to be my US fiancé as it states? Will he need to go back to America without me and get a job before I begin my application? Or is it safe to apply before he gets one? (Hopefully in the 1-2 months before we actually get married he will get a job, but nothing is certain in this world! (He has no qualifications, and used to work a minimum wage retail job).

2) We are both currently in Australia. My partner flies back to the US in September and I was hoping to get the visa before then to go with him (any chance of that?). It says the I-129F cannot be submitted at a US consulate/embassy abroad. Does that mean he can't mail the application to Texas USCIS from Australia right now? Does he have to be in the US when he launches that application? Or can we mail it now, so that I can do the interview part in Australia sooner.

3) Any problems with using his parents address in Florida, as that is likely where we will be staying until we are married and I have a job. I know you don't need to be in a state which permits same-sex marriage, you just have to go to one to actually perform the ceremony (is that right?). So using our florida address in the application should be fine?

Anyone had any experience getting hold of police records from the UK or Australia? I have passports for both countries and spent four years in the UK, never done anything wrong so should be good to go so long as I can sort out this I-134 business!

Thanks a lot for the advice!

[kzielu 1,149]

1. Can be his parents.

2. You can mail I-129F from anywhere in the world, just need to attach check from US Bank.

3. No idea.

[Cameron84 0]

Thanks for that!

Just been reading that there's no chance in hell a K-1 would be processed in a few months. Would flying over on a visitor visa, getting married and then coming back to Australia to apply for a K-3 be faster/more sensible?

Cheers.

[kzielu 1,149]

Thanks for that!

Just been reading that there's no chance in hell a K-1 would be processed in a few months. Would flying over on a visitor visa, getting married and then coming back to Australia to apply for a K-3 be faster/more sensible?

Cheers.

It will almost certainly be slower (and you will apply for CR-1, K-3 is obsolete) but has benefits - is overall cheaper and you can work the day you enter US with CR-1 visa. Check out the guides on the top of the page.

K-1 process typically takes 6-months+, but there were recent petition approvals as soon as 2 weeks after it's been sent - hit or miss though depending on which service center your petition goes to. There was somebody from PL that ended up in US in K-1 in less than 3 months.

[AJSTR_23 0]

Hello,

With regards to the police cerificate for the UK you should be able to obtain one from ACRO- www.acro.police.uk

It'll tell you how much it costs etc. I didn't have to wait too long for my certificate.

[Elizabeth+Fred 35]

Hi all,

Brand new to the forum and to this whole visa process! Been with my same-sex partner for 2 years but we have been living between Australia and the UK as the only places with acceptable visa conditions (at the time). As we're now at a point where we want to get married, we are looking to go back to my partners home in Florida (I'm Australian).

I've been reading all the requisite information and think I've got a good handle on it except for three immediate questions that popped up.

1) It says your US fiancé has to provide an I-134 when you go to adjust status from k1 to k3. I'm the usual breadwinner in this relationship, and as we've been living in Australia, my partner does not have a US job (or address). Will his parents be able to sponsor me on an I-134, or does it have to be my US fiancé as it states? Will he need to go back to America without me and get a job before I begin my application? Or is it safe to apply before he gets one? (Hopefully in the 1-2 months before we actually get married he will get a job, but nothing is certain in this world! (He has no qualifications, and used to work a minimum wage retail job).

2) We are both currently in Australia. My partner flies back to the US in September and I was hoping to get the visa before then to go with him (any chance of that?). It says the I-129F cannot be submitted at a US consulate/embassy abroad. Does that mean he can't mail the application to Texas USCIS from Australia right now? Does he have to be in the US when he launches that application? Or can we mail it now, so that I can do the interview part in Australia sooner.

3) Any problems with using his parents address in Florida, as that is likely where we will be staying until we are married and I have a job. I know you don't need to be in a state which permits same-sex marriage, you just have to go to one to actually perform the ceremony (is that right?). So using our florida address in the application should be fine?

Anyone had any experience getting hold of police records from the UK or Australia? I have passports for both countries and spent four years in the UK, never done anything wrong so should be good to go so long as I can sort out this I-134 business!

Thanks a lot for the advice!

Welcome to VJ !

1. The US Citizen (your partner) must file the petition. He probably should do that from his location in Florida. This will also mean, that it is going to take (quite) a while, as your petition will be handled by the Service Center in Texas ("TSC"), which, at the moment, is very, very backlogged. You won't get a visa before January or Feb, is my estimate.

2. Part of the petition is that he has to provide proof that you, the beneficiary, will not become a public charge ("live off benefits"). So, he will have to provide (or arrange for) some sponsorships for you both. A job is one (in the U.S. !), or else a co-sponsor like his parents. This is initially handled in the I-134 form, which, together with supporting documentation, has to be sent to you (the original, not a copy) because YOU will have to show this to the Consular Officer during your visa interview. Adjustment of Status won't happen until much later, and there, you need the same proof again, this time through the I-864 form (similar goal as the I-134.) By the way, you don't adjust status from K1 to K3 .. you first get a K1 visa, which will allow YOU to fly into the U.S., after which you can get married (within 90 days of arrival.) Once married, you can file for AoS which lets you stay in the US. Obviously, you will have get married in a state which allows for SSM, dunno if Florida is one.

3. He can use the Florida address as a residence, yes, and he can just prepare the I-129F packet in Australia, and then send it to the Dallas Lockbox (not USCIS) in Lewisville TX. Since the residence address is in FLA, as said above, they will forward it to the USCIS center in TX for processing. As long as his parents watch their mail for anything from USCIS, all should be fine. This WILL take time though, you can forget about September.

4. You cannot be your own sponsor, so you 'making the money' at the moment doesn't count in this phase. Petitioner must provide support, either by himself or with/through co-sponsors. See above.

No info on police records, hopefully someone else will know?

[lilsadie 50]

Hi all,

Brand new to the forum and to this whole visa process! Been with my same-sex partner for 2 years but we have been living between Australia and the UK as the only places with acceptable visa conditions (at the time). As we're now at a point where we want to get married, we are looking to go back to my partners home in Florida (I'm Australian).

I've been reading all the requisite information and think I've got a good handle on it except for three immediate questions that popped up.

1) It says your US fiancé has to provide an I-134 when you go to adjust status from k1 to k3. I'm the usual breadwinner in this relationship, and as we've been living in Australia, my partner does not have a US job (or address). Will his parents be able to sponsor me on an I-134, or does it have to be my US fiancé as it states? Will he need to go back to America without me and get a job before I begin my application? Or is it safe to apply before he gets one? (Hopefully in the 1-2 months before we actually get married he will get a job, but nothing is certain in this world! (He has no qualifications, and used to work a minimum wage retail job).

2) We are both currently in Australia. My partner flies back to the US in September and I was hoping to get the visa before then to go with him (any chance of that?). It says the I-129F cannot be submitted at a US consulate/embassy abroad. Does that mean he can't mail the application to Texas USCIS from Australia right now? Does he have to be in the US when he launches that application? Or can we mail it now, so that I can do the interview part in Australia sooner.

3) Any problems with using his parents address in Florida, as that is likely where we will be staying until we are married and I have a job. I know you don't need to be in a state which permits same-sex marriage, you just have to go to one to actually perform the ceremony (is that right?). So using our florida address in the application should be fine?

Anyone had any experience getting hold of police records from the UK or Australia? I have passports for both countries and spent four years in the UK, never done anything wrong so should be good to go so long as I can sort out this I-134 business!

Thanks a lot for the advice!

We are in the EXACT same situation as you! My partner and I have been living in Aus for the last 5 years together. We have lodged a K1 from here and used her parents address, they also sponsored me and yes you can use their address as your USA address. We have our interview in 10 days. From sending the application off to visa in hand the whole process took around 80 days for us (if all goes well at the interview!)

Feel free to PM me if you have any specific questions. Its actually a very simple process!

[PDXDD 28]

3) Any problems with using his parents address in Florida, as that is likely where we will be staying until we are married and I have a job. I know you don't need to be in a state which permits same-sex marriage, you just have to go to one to actually perform the ceremony (is that right?). So using our florida address in the application should be fine?

You guys can use his parents' address. Then they gotta check mails for you guys. His parents also could mail the Petition for you guys. don't forget 340 USD check should be in the package too.

You don't need to be in a state which permits same sex marriage as long as you perform the ceremony in a state with legal same sex marriage. But you do need to state where(which state) you guys are planning to get married in the Statement of intent to marry.

K1 usually is faster. more expensive. can't work for several months till work permit is granted.

K3 usually takes longer. cheaper. can work right away.

[Cameron84 0]

Everyone has been so helpful! Got majorly depressed looking at http://www.visajourney.com/content/k1historical but I can survive 4-5 months I guess :/

If I get the I-129F off ASAP, then at least we are only looking at 2-4 months apart. Really wanted to visit America for a big convention in December, I've read that can be iffy without being prepared while a K-1 is being processed!

I'm sure his parents will co-sponsor with him, and since we don't need to get the I-134 form until the interview, that should give him time to pick up a job.

Thanks everyone, given me lots to think about.

[RobbieG 94]

3. Correct. The marriage must be performed where it is legal. State or other country. My husband and I married in his home city of Mexico City. It is a legal marriage there so it doesn't have to even be in the US. It can be anywhere same-sex marriage is legal.

[kehills 217]

Everyone has been so helpful! Got majorly depressed looking at http://www.visajourney.com/content/k1historical but I can survive 4-5 months I guess :/

If I get the I-129F off ASAP, then at least we are only looking at 2-4 months apart. Really wanted to visit America for a big convention in December, I've read that can be iffy without being prepared while a K-1 is being processed!

I'm sure his parents will co-sponsor with him, and since we don't need to get the I-134 form until the interview, that should give him time to pick up a job.

Thanks everyone, given me lots to think about.

My now-husband traveled over here several times while his K-1 was processing. You need to be prepared to show significant ties that will guarantee your return to Australia, though.

The Australia consulate moves relatively quickly, but yes, TSC is quite slow right now. From our experience, you should probably plan on it taking around 9-10 months to go from submitting K-1 to having it approved. (We actually were faster, but TSC was moving like lightning when we went through. We opted to delay our process.) Be aware there will be another approximately three-month delay before you can work; given his lack of work history, make sure his parents are willing to co-sponsor all the way through to you getting your two-year green card.

[sweetswinks 400]

Everyone has been so helpful! Got majorly depressed looking at http://www.visajourney.com/content/k1historical but I can survive 4-5 months I guess :/

If I get the I-129F off ASAP, then at least we are only looking at 2-4 months apart. Really wanted to visit America for a big convention in December, I've read that can be iffy without being prepared while a K-1 is being processed!

I'm sure his parents will co-sponsor with him, and since we don't need to get the I-134 form until the interview, that should give him time to pick up a job.

Thanks everyone, given me lots to think about.

Sorry to burst the bubble, TSC is taking 7 months for an NOA2/petition approval, from there it takes around 2 months until Interview at Sydney consulate. If you have a look at TSC November, December and January threads, there is a LOT of people still waiting for an NOA2!

If you get all of your I-129f petition evidence of meeting and forms, affidavits, etc. and file before August begins, you'd be looking at a March/April 2015 arrival at earliest.

[baron555 934]

1) It says your US fiancé has to provide an I-134 when you go to adjust status from k1 to k3.

No....you're confused. The K-1 is a visa for fiances and the K-3 (now the CR-1) is a visa for married couples. You don't adjust from one to the other. He does need to provide a 134 for your interview to prove financial support.

I'm the usual breadwinner in this relationship, and as we've been living in Australia, my partner does not have a US job (or address). Will his parents be able to sponsor me on an I-134,

Yes, one of his parents can, not both.

or does it have to be my US fiancé as it states? Will he need to go back to America without me and get a job before I begin my application?

No

Or is it safe to apply before he gets one? (Hopefully in the 1-2 months before we actually get married he will get a job, but nothing is certain in this world! (He has no qualifications, and used to work a minimum wage retail job).

2) We are both currently in Australia. My partner flies back to the US in September and I was hoping to get the visa before then to go with him (any chance of that?).

Probably not

It says the I-129F cannot be submitted at a US consulate/embassy abroad.

Correct

Does that mean he can't mail the application to Texas USCIS from Australia right now?

Yes he can.

Does he have to be in the US when he launches that application?

No

Or can we mail it now, so that I can do the interview part in Australia sooner.

Yes

3) Any problems with using his parents address in Florida, as that is likely where we will be staying until we are married and I have a job.

No

I know you don't need to be in a state which permits same-sex marriage, you just have to go to one to actually perform the ceremony (is that right?). So using our florida address in the application should be fine?

Yes

Anyone had any experience getting hold of police records from the UK or Australia? I have passports for both countries and spent four years in the UK, never done anything wrong so should be good to go so long as I can sort out this I-134 business!

No experience.

Thanks a lot for the advice!

[KayDeeCee 4,895]

3. Correct. The marriage must be performed where it is legal. State or other country. My husband and I married in his home city of Mexico City. It is a legal marriage there so it doesn't have to even be in the US. It can be anywhere same-sex marriage is legal.

They are filing for a K-1 visa. The marriage must take place in the US. It cannot be another country.

[RobbieG 94]

Thanks Jay-Kay. I missed the K-1.