Australian, wanting to live with partner in US

[dingo117 0]

Hello, me and my partner (we are both male) have been dedicated and together for 5 or so years, I would visit for 3 months each year after i finish uni classes, my partners lives at home and his parents where welcoming to me when they thought i was just a friend but after slowly realising we are a gay couple they seem to be making it harder and harder for us to spend time together in person. it is now at the point where i am no longer welcome there and they won't let my partner go anywhere to visit me. i finish my bachelors degree at the end of this year (2014) i still want to see him again but he will most likely have to confront his parents and move out. should we consider getting married so i can help out and stay there permanently for once, or try get a job there and become a more permanent resident that way? I am Australian and both of us are entrepreneurs focusing on the same online business we both made to help support us but i fear the cost of independent living there may use all of our reserves, but my main concern is to just move in with him how ever i can.

[Hypnos 6,576]

If his parents "won't let him go anywhere" to visit you then he needs to have a stern talk to his parents informing them that he's an adult that makes his own decisions. This is especially the case if he's in his early 20s, as your post seems to intimate.

To be eligible to file the petition seeking a K-1 fiancé visa you would need to have met at least once in the past 2 years, and be able to document this. To be eligible to file for a CR-1 immigrant visa you would need to marry legally, provided that such a marriage would be legal in the jurisdiction in which it was performed.

It sounds like his parents are the bigger issue right now; that's a monkey he should extricate from his back ASAP.

[dingo117 0]

If his parents "won't let him go anywhere" to visit you then he needs to have a stern talk to his parents informing them that he's an adult that makes his own decisions. This is especially the case if he's in his early 20s, as your post seems to intimate.

To be eligible to file the petition seeking a K-1 fiancé visa you would need to have met at least once in the past 2 years, and be able to document this. To be eligible to file for a CR-1 immigrant visa you would need to marry legally, provided that such a marriage would be legal in the jurisdiction in which it was performed.

It sounds like his parents are the bigger issue right now; that's a monkey he should extricate from his back ASAP.

He is 30, I am mid 20's. He has talked to them before about letting him do what he wants, I even heard one over skype, just ends up in lots of yelling and shouting, he is planning to do it once more in a few months and if nothing comes out of it he will just move out and we plan from there, if there any way his parents could interfere with us getting married?

[Hypnos 6,576]

Other than the emotional problems they're causing right now, no.

[lilsadie 50]

Hello, me and my partner (we are both male) have been dedicated and together for 5 or so years, I would visit for 3 months each year after i finish uni classes, my partners lives at home and his parents where welcoming to me when they thought i was just a friend but after slowly realising we are a gay couple they seem to be making it harder and harder for us to spend time together in person. it is now at the point where i am no longer welcome there and they won't let my partner go anywhere to visit me. i finish my bachelors degree at the end of this year (2014) i still want to see him again but he will most likely have to confront his parents and move out. should we consider getting married so i can help out and stay there permanently for once, or try get a job there and become a more permanent resident that way? I am Australian and both of us are entrepreneurs focusing on the same online business we both made to help support us but i fear the cost of independent living there may use all of our reserves, but my main concern is to just move in with him how ever i can.

Hi! Im an Aussie and also in a same sex relationship (female)

The K1 is super easy and would mean you will both be able to live together and marry. His parents cannot stop you. The only issue could be that if your partner is not making over 125% of the poverty line then you will need a co sponsor. Does he make enough and if not does he have any other family or friends that would sponsor you?

From application to visa in hand the whole process took us 77 days so depending on where he lives it could be a very quick process.

[dingo117 0]

Hi! Im an Aussie and also in a same sex relationship (female)

The K1 is super easy and would mean you will both be able to live together and marry. His parents cannot stop you. The only issue could be that if your partner is not making over 125% of the poverty line then you will need a co sponsor. Does he make enough and if not does he have any other family or friends that would sponsor you?

From application to visa in hand the whole process took us 77 days so depending on where he lives it could be a very quick process.

hope it goes well for you!, would i even need a k1 visa to get married there? i have gone there a few times before on just the visa waver program since Australians seem to be on that list of applicables

[Penguin_ie 5,993]

You can come over to the USA and get married on the visa waiver, no problem.

The problem is you cannot stay, it would be visa fraud to use the visa waiver with intent to marry AND STAY.

Coming here and marrying has a couple of advantages: The CR-1 spousal visa is cheaper to get, and you can work right away ocne you enter with it, which may be important considering the situation with the parents.

[dingo117 0]

You can come over to the USA and get married on the visa waiver, no problem.

The problem is you cannot stay, it would be visa fraud to use the visa waiver with intent to marry AND STAY.

Coming here and marrying has a couple of advantages: The CR-1 spousal visa is cheaper to get, and you can work right away ocne you enter with it, which may be important considering the situation with the parents.

I get this, so its fine to visit stay there for the 90 days marry him and apply for a CR-1 while there and able to sign stuff or what ever then leave the USA and hope and wait its passed and come back and stay with him for good then?

[Penguin_ie 5,993]

Yup that is fine!

You can also visit during the process, which takes about a year.

[KayDeeCee 4,893]

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path~

[Al422 221]

Does he live in a state where same sex marriage is legal? I never heard that mentioned yet.

[sweetswinks 400]

Does he live in a state where same sex marriage is legal? I never heard that mentioned yet.

What matters is that if they go the K1 route they are married in a state that allows gay marriage.

[KayDeeCee 4,893]

Does he live in a state where same sex marriage is legal? I never heard that mentioned yet.

He does not have to reside in a state that allows SSM. They just need to marry in a state that does.

[Ian H. 207]

His parents are irrelevant. If they don't support your relationship, so be it. You can get married here and then make sure you go back after your stay expires and wait for the CR1 visa. You can do the K1 route if you want to be together faster.

However, given the circumstances you should do the CR1 process. That way he has time to move out, find a place and the petition would be processed during this time. Giving you guys time to work everything out.

Also you can get married in any of the states (or DC) that allow same sex marriage, you could also get married in another country. It's up to you guys. I can name a few, NY, CA, MA, pretty much the entire northeast US, Canada and about most of Western Europe.

If your state doesn't recognize your marriage, it won't affect your petition or visa or immigration status. The only thing it would affect is anything state related, like spousal health insurance, state income tax, and stuff like that.

[JimmyHou 611]

He does not have to reside in a state that allows SSM. They just need to marry in a state that does.

Does he live in a state where same sex marriage is legal? I never heard that mentioned yet.

This is correct, they only need to get married in a state that allows same-sex marriage.

They just need to check the requirements of the state that they plan to get married in. Some states require waiting periods, which could be problematic when getting married don vacation, but more importantly, make sure that the state does not have a residency requirement (requiring one of the people getting married to be a resident of the state). New York, for example, does not have such a residency requirement.