Change of Plan RE: K-1 Visa

[k_39 2]

Hi there!

 

I'm new to the forum. I have a question but I'm not sure if this thread is in the correct category, so I apologize in advance.

 

My partner and I had plans for me to come over on the K-1 Visa, however due to a number of situational circumstances we've been considering a change of plan, such as having her come over (to Australia) on a work and holiday visa, over the K-1 option.

 

If Australia didn't work out for the two of us and we had second thoughts, would it be possible for us to still do the K-1?

 

Thanks so much. I'd appreciate any help as I can't find a lot of info online. Cheers guys!

[theanswerisdance 144]

4 minutes ago, k_39 said:

Hi there!

 

I'm new to the forum. I have a question but I'm not sure if this thread is in the correct category, so I apologize in advance.

 

My partner and I had plans for me to come over on the K-1 Visa, however due to a number of situational circumstances we've been considering a change of plan, such as having her come over (to Australia) on a work and holiday visa, over the K-1 option.

 

If Australia didn't work out for the two of us and we had second thoughts, would it be possible for us to still do the K-1?

 

Thanks so much. I'd appreciate any help as I can't find a lot of info online. Cheers guys!

Have you already started the K-1 process? Filed the I-129F?

[k_39 2]

2 minutes ago, theanswerisdance said:

Have you already started the K-1 process? Filed the I-129F?

Hi there,

 

We haven't taken any steps yet since some sudden changes have stopped us in our tracks and have made us reconsider our options. We're keeping an open mind but right now we're deciding on either the K-1 (me coming over) or a Work and Holiday Visa for them. So in short, we have not filed for anything.

[KULtoATL 1,551]

No issues to file I/129F for a K-1 in the future. Just make sure you don't get married while she's in Australia. If you guys get married in Australia, then she'll be filing a I-130 for a CR-1 spousal visa instead. Either way, she needs to be domiciled in the US.

[caliliving 606]

going to work in Australia on a work/study visa would not impact your K1.  The only thing that would is getting married and then you would simply apply for the CR1 spousal visa.  Also, as an Australian you are on the VWP so you can travel and visit the usa pretty freely! you would not lose your VWP privledges because your partner went and visited Australia! 

[theanswerisdance 144]

6 minutes ago, k_39 said:

Hi there,

 

We haven't taken any steps yet since some sudden changes have stopped us in our tracks and have made us reconsider our options. We're keeping an open mind but right now we're deciding on either the K-1 (me coming over) or a Work and Holiday Visa for them. So in short, we have not filed for anything.

If you haven't filed any paperwork then nothing to stop you from doing it later. If you had already started the process, the U.S. petitioner would have to withdraw the application, and they would be prohibited from re-applying for another K-1 visa for two years, unless they could successfully obtain a waiver. So definitely, if you're  not sure who's going to go where, hold off on applying for now and keep your options open.

If you decide to go the living-in-Australia route and decided to get married while you were both living there, then wanted to move back to the U.S., you'd have to file for a spousal visa rather than a fiancé visa. 

Edited July 30, 2017 by theanswerisdance

[k_39 2]

Thanks for your help, everyone!

 

We have no intention of getting married in Australia for the time being (even though we want to), but my partner is considering the work and holiday visa and would like to come over. We're just wondering if it didn't work out for us for whatever reason would we still be able to file for the K-1 after a few months.

 

You guys have been great, thanks

[k_39 2]

Hi everyone, I'm back!

 

If we decide on the K-1, meaning I leave for the USA, are we (the two of us, as a married couple) able to move to Australia, where I'm initially from? Maybe say, a couple of years after the K-1 in case things don't work out but we'd like to go to Aus? Thanks.

 

 

[theanswerisdance 144]

6 hours ago, k_39 said:

Hi everyone, I'm back!

 

If we decide on the K-1, meaning I leave for the USA, are we (the two of us, as a married couple) able to move to Australia, where I'm initially from? Maybe say, a couple of years after the K-1 in case things don't work out but we'd like to go to Aus? Thanks.

 

 

The K-1 would have no bearing on your ability to have your spouse immigrate to Australia; you would have to follow whatever Australia's procedures are to have him lawfully reside there. However, once you're a green card holder here in the US (after entering on the K-1 you would adjust status to become a permanent resident), you must maintain residency here in order to keep your status as a permanent resident. Obviously if you move back to Australia you will be seen as having abandoned your residency here, so your green card will be null and void. That's not an issue, so long as you guys don't then decide after living in Australia for a bit to move back to the US. You would have to start from scratch and apply for a spousal visa in order for you to lawfully reside in the US again, be separated during the process, pay USCIS a whole bunch more money, etc.

 

However, as the spouse of a US citizen, you're able to apply for US citizenship (if you so desire) 2 years and 9 months after you were granted permanent resident status, as long as you meet the continuous residence requirements of living here during those preceding 2 years and 9 months. Once you become a US citizen, there is no residency requirement to remain living in the US, you can come and go as you please, and should your circumstances change in the future and you wish to move back to the US, you won't have to start over with the immigration process from scratch. Australia permits dual citizenship unlike some countries. 

[k_39 2]

On 8/14/2017 at 0:14 AM, theanswerisdance said:

The K-1 would have no bearing on your ability to have your spouse immigrate to Australia; you would have to follow whatever Australia's procedures are to have him lawfully reside there. However, once you're a green card holder here in the US (after entering on the K-1 you would adjust status to become a permanent resident), you must maintain residency here in order to keep your status as a permanent resident. Obviously if you move back to Australia you will be seen as having abandoned your residency here, so your green card will be null and void. That's not an issue, so long as you guys don't then decide after living in Australia for a bit to move back to the US. You would have to start from scratch and apply for a spousal visa in order for you to lawfully reside in the US again, be separated during the process, pay USCIS a whole bunch more money, etc.

 

However, as the spouse of a US citizen, you're able to apply for US citizenship (if you so desire) 2 years and 9 months after you were granted permanent resident status, as long as you meet the continuous residence requirements of living here during those preceding 2 years and 9 months. Once you become a US citizen, there is no residency requirement to remain living in the US, you can come and go as you please, and should your circumstances change in the future and you wish to move back to the US, you won't have to start over with the immigration process from scratch. Australia permits dual citizenship unlike some countries. 

Thank you so much, sorry for the delayed reply. This means a lot.

 

We were wondering if hypothetically-speaking if the US route didn't work for us for whatever reason would I be able to return back to Australia with my partner or not?

 

I'm having difficulty finding much information on instances relating to my concern. Does anyone know of an authority on the subject that I'd be able to contact so I know for sure? Cheers everyone.

[caliliving 606]

8 minutes ago, k_39 said:

Thank you so much, sorry for the delayed reply. This means a lot.

 

We were wondering if hypothetically-speaking if the US route didn't work for us for whatever reason would I be able to return back to Australia with my partner or not?

 

I'm having difficulty finding much information on instances relating to my concern. Does anyone know of an authority on the subject that I'd be able to contact so I know for sure? Cheers everyone.

i think you need to understand that going to the USA you petition in the USA and if you decide to go to australia then you have to do the visa for austraila, whatever that is. so this would be more $$ and more waiting depending on what the rules are. i know in canada its a 2 year wait so then if my husband wanted to immigrate to canada we would have to spend more money and a longer wait.  consider to just keep dating until you know where you want to live.