Australian, wanting to live with partner in US

[dingo117 0]

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.

So for a CR 1, do you need to have visited the state the CR1 is filed in for 3 months? my partner at each visit was living in another state so i have racked up a lot of time in the US but not a total of 3 months exactly in just one single state, and dont think i will be able to since when i get flights and such i wont be in the specific state for 2 days as i rest in LA for a day and journey from LAX to the new state, does this mean i would need to vist twice in the same state to rack up 3 months? and hope he doesn't have to move again!

[Ian H. 207]

No, of course not. You only have to meet whatever requirements the state has for marriage. I'm not sure if there are states that require you to be a resident or something in order to marry, but I highly doubt it. As long as it's a state that allows and recognizes SSM, you will be perfectly fine.

For example, if you were to get married here in NY, who is in the 21st century, then it's a simple as going to the clerk's office and getting your marriage license. There is a statutory 24 hour waiting period here before your marriage can be solemnized however. Simply having a marriage license doesn't make you married, you have to have the marriage solemnized by someone authorized to do so, usually the clerk himself.

Also you can get married in another country, like Canada, who also performs and recognizes SSM.

It's really as simple as traveling to whatever state allows SSM, get your license, marry, and go home.

FYI, I'm not sure where you plan on getting married, but do it in a state where SSM isn't being disputed like NY, NJ, CA, and a bunch of others. Looks like your closest places would be IL or Canada.

I will post a link: http://gaymarriage.procon.org/view.resource.php?resourceID=004857

[S-C 21]

Also, I noted that someone else said the K1 process only took 77 days total for them. You should be warned this is extremely unlikely. My Fiancee and I have been in the initial processing stage for nearly 5 months, and we anticipate that the whole process will take 7-8 months. This is normal.

A CR-1 visa will take 12 months, maybe a bit longer. It is entirely up to you which path you go down, I just didn't want you thinking you would be over there inside three months on a K1. Also, once you enter the country on a K1, you need to get married within 90 days, and apply to adjust your status. You will not be able to work for 2 -3 months of applying for AoS. It's strongly suggested you look at the guides at the top of the page for each process. They are extremely helpful and will give you a good idea of what you have to do.

[dingo117 0]

Also, I noted that someone else said the K1 process only took 77 days total for them. You should be warned this is extremely unlikely. My Fiancee and I have been in the initial processing stage for nearly 5 months, and we anticipate that the whole process will take 7-8 months. This is normal.

A CR-1 visa will take 12 months, maybe a bit longer. It is entirely up to you which path you go down, I just didn't want you thinking you would be over there inside three months on a K1. Also, once you enter the country on a K1, you need to get married within 90 days, and apply to adjust your status. You will not be able to work for 2 -3 months of applying for AoS. It's strongly suggested you look at the guides at the top of the page for each process. They are extremely helpful and will give you a good idea of what you have to do.

yea i see the average times for a CR-1 seem to be like 10 -15 months or so, have been looking all this up, i think my partner can fill in a http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html that describes every thing about a CR-1 right ? and then file for a http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas "K-3" which would let me stay with him for the duration the CR-1 takes to be accepted/denied, as long as i am with him in person for that time i can i dont care how long it takes to secure my place in the US with him

[NigeriaorBust 4,087]

The K3 approval takes roughly the same time as the CR1 so no it doesn't allow you to stay together while you wait. That wording is from when USC waited years for CR1's ( IR1 by the time they got them )

[S-C 21]

yea i see the average times for a CR-1 seem to be like 10 -15 months or so, have been looking all this up, i think my partner can fill in a http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html that describes every thing about a CR-1 right ? and then file for a http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas "K-3" which would let me stay with him for the duration the CR-1 takes to be accepted/denied, as long as i am with him in person for that time i can i dont care how long it takes to secure my place in the US with him

My understanding is that they are not doing K3s anymore. However I would maybe do a search of the forums to confirm that. From what I've read from people who have gone down the CR-1 or K3 route, the CR-1 is the better option. But like I said, I was never going to go that path so I didn't look into it in much depth.

I honestly think a K1 will be the better option for you, based on what you have stated. But make sure you fully understand all the options and everything you need to get approved for each one. Even after you have entered the US.

[Ian H. 207]

The K3 is still available, but the chances of it being a approved are close to none. This is because as mentioned before, it's taking about the same time to process as the CR1. The K3 is only a convenient option when there's a good chance the petition will be approved in a few months because if it gets approved at or around the same time as the I-130, the I-130 will prevail and the K3 path will close.

You can do the K1 or the CR1. The K1 requires you both to be free to marry and you must not marry until you enter the US on the K1 visa, which you must do within 90 days after entry. The CR1 you have to be married first, and you wait for the visa abroad.

Everyone's situation is different. Therefore, you need to pick the route that would be most convenient to the both of you. You have to consider things such as the costs, the wait times, and the amount of paperwork involved. The following chart shows the different options you may have.

Here is a link with the pros and cons of each path:

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

[ajhigh 2]

I know you mentioned you're self-employed, but another great option only available for Australians is the E-3 visa. This is an employment-based visa for Australians in a specialty occupation, and it's far cheaper than the other employment visas and the quota is never exceeded AND (most relevant for you) the process is really quick. Of course, it does require finding an employer and being able to prove you are in a "specialty occupation." Something to think about if that's at all a possibility.

[JohnR! 5,495]

Neither does California. In addition, you can submit your license application on line, and opt for a 'confidential' marriage which requires no witnesses. If you apply online, in most counties in Cali you can get your license, get married and get the certified copy on the same day, depending on the workload of the office.

If you're ready for it, go ahead and move on with your lives.

Congrats & good luck!

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.

[S-C 21]

I know you mentioned you're self-employed, but another great option only available for Australians is the E-3 visa. This is an employment-based visa for Australians in a specialty occupation, and it's far cheaper than the other employment visas and the quota is never exceeded AND (most relevant for you) the process is really quick. Of course, it does require finding an employer and being able to prove you are in a "specialty occupation." Something to think about if that's at all a possibility.

I looked into this before moving to London. The list of specialty occupations is rather strict and requires the company to prove that they can not find the expertise you offer or to the same standard as your skills. By the time you find a job, it may actually be quicker to go to the K1 route.