Will We Make it

[kahlibarbie 0]

Hi Guys,

I'm just recently engaged to my now fiance who is an Australian citizen, im a dual citizen (Australia & US) and we are looking to move to the states in August 2018.

We have not yet filed the for the VISA because we are both only 21 and new to this process. If we file latest in February will he be approved by the time we want to go in August?

If not approved is he still able to travel on a ETA VISA and then like change his status or something until he is approved?

I guess what I'm trying to ask is how long is the processing time for the K1 Fiance Visa? Is that the best visa for us to apply for? How much does it cost and are there any fees?

Also if not excepted by August when we plan to travel whats the best thing to do?

 

Thanks for all the help in advance.

 

 

 

 

[Dashinka 24,926]

Welcome.  As to processing times, I think the K1 fiancé visa is taking 6-8 months as of late.  You can check current processing times at the top of the site.  I think the fees are $340 for the I129F filing and another $160 when the fiancé is ready to set up the consulate interview as well as the cost for the medical exam.  Another option is to get married and file for a spousal visa (I130).  The current processing times for that are about 14 months, and the spouse receives a green card when approved.  Your fiancé, or if you decide to get married, spouse, can visit during the processing of the application on the ESTA, but he cannot enter the US with the intent to stay and adjust.

 

Here is the link to the guide section.  I suggest you review the K1 and CR1/IR1 guides.

 

Good Luck!

 

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

[Perfect two 💑 1,147]

1 hour ago, kahlibarbie said:

Hi Guys,

I'm just recently engaged to my now fiance who is an Australian citizen, im a dual citizen (Australia & US) and we are looking to move to the states in August 2018.

We have not yet filed the for the VISA because we are both only 21 and new to this process. If we file latest in February will he be approved by the time we want to go in August?

If not approved is he still able to travel on a ETA VISA and then like change his status or something until he is approved?

I guess what I'm trying to ask is how long is the processing time for the K1 Fiance Visa? Is that the best visa for us to apply for? How much does it cost and are there any fees?

Also if not excepted by August when we plan to travel whats the best thing to do?

 

Thanks for all the help in advance.

 

 

 

 

Hi,

K-1 visa currently take 6-8 months to get an approval for petition and another 2 months to get the case number and for the consulate to receive your petition. This is not included the time frame for you to schedule for the interview (which subject to the availability date at the consulate). With the current timing frame, it's look like you will not able to move on August 2018. 

You can travel on a ETA Visa, however, there is no way to change his status just like that. He need to go back to his country (Australia) to do the medical check up and Interview.

You can apply either K-1 (Fiance) Visa or Spouse Visa, however, no matter what you choose. It is impossible to moving on August. For K-1 visa, the petition fee will be $535 and another $265 for the interview. After that you still need to pay $1225 for Adjustment of Status after that. 

I'm not really sure about Spouse Visa fee, someone else might help you with that.

[JFH 12,191]

I can't imagine why a couple already living together overseas would even consider a K-1. The logical answer is to get married (wherever you want - Australia, the USA, the Bahamas, a cruise ship....wherever) and then file a CR-1. The K-1 is ideal for couples who live in different countries who cannot visit each other easily because the non-American person cannot get a visitor visa (this is very common for people from developing countries such as Thailand or the Philippines). 

 

The K-1 has huge disadvantages. Your fiancé will not be able to work for several months. He will also not be able to travel internationally - not even a quick trip across the border to Canada - for many months. Depending on the state where you plan to reside he may not even be able to drive for many months. I am assuming, being from Australia, he is used to going to work, being able to travel and drive so this will be a shock to the system for him. Many people feel trapped because of these restrictions. And then there is the matter of cost. A K-1 is more expensive and with only one of you able to work when you get here and huge fees to pay after you get married to continue the process (the K-1 doesn't stop when he lands at the airport here, that's just part 1 - you have a lot more paperwork and fees to do). The K-1 is basically a hugely overpriced tourist visa that allows you to stay if you get married on USCIS strict terms. Fine if that's the only visa you can get, but in your situation it's certainly not ideal. 

[kzielu 1,154]

1 hour ago, kahlibarbie said:

Hi Guys,

I'm just recently engaged to my now fiance who is an Australian citizen, im a dual citizen (Australia & US) and we are looking to move to the states in August 2018.

We have not yet filed the for the VISA because we are both only 21 and new to this process. If we file latest in February will he be approved by the time we want to go in August?

If not approved is he still able to travel on a ETA VISA and then like change his status or something until he is approved?

I guess what I'm trying to ask is how long is the processing time for the K1 Fiance Visa? Is that the best visa for us to apply for? How much does it cost and are there any fees?

Also if not excepted by August when we plan to travel whats the best thing to do?

 

Thanks for all the help in advance.

 

 

 

 

You want to start researching things like domicile (which is required if you want to petition your fiancee / spouse), sponsorship requirements including recent tax returns and so on. I assume you currently live in Australia.  August of this year is probably not very realistic.

[KBA 542]

15 minutes ago, JFH said:

I can't imagine why a couple already living together overseas would even consider a K-1. The logical answer is to get married (wherever you want - Australia, the USA, the Bahamas, a cruise ship....wherever) and then file a CR-1. The K-1 is ideal for couples who live in different countries who cannot visit each other easily because the non-American person cannot get a visitor visa (this is very common for people from developing countries such as Thailand or the Philippines). 

 

The K-1 has huge disadvantages. Your fiancé will not be able to work for several months. He will also not be able to travel internationally - not even a quick trip across the border to Canada - for many months. Depending on the state where you plan to reside he may not even be able to drive for many months. I am assuming, being from Australia, he is used to going to work, being able to travel and drive so this will be a shock to the system for him. Many people feel trapped because of these restrictions. And then there is the matter of cost. A K-1 is more expensive and with only one of you able to work when you get here and huge fees to pay after you get married to continue the process (the K-1 doesn't stop when he lands at the airport here, that's just part 1 - you have a lot more paperwork and fees to do). The K-1 is basically a hugely overpriced tourist visa that allows you to stay if you get married on USCIS strict terms. Fine if that's the only visa you can get, but in your situation it's certainly not ideal. 

I agree, I am almost at the 7 month mark of waiting for NOA2 so the process for K1 has slowed down significantly. I would definitely consider getting married in Australia instead

[John & Rose 7,239]

1 hour ago, KBA said:

I agree, I am almost at the 7 month mark of waiting for NOA2 so the process for K1 has slowed down significantly. I would definitely consider getting married in Australia instead

Yes!!!  The CR-1 process is quicker, easier and much cheaper. No contest now at your stage.

 

No matter which way you go, if you file in February there is no chance, even with an expedite to make POE by August.  The K-1 is 11 to 12 months and the CR-1 is 12 months but you will have the green card at POE.  With the K-1 there is another year waiting on AOS/EAD...

Edited January 9, 2018 by John & Rose

[noraliz73 243]

At this point, it seems K1 might start taking more than a year soon.  If you want to get married, why delay it?  Get married and start your life.  I would never have done the K1 if I had been able to get married in my fiancé's country.  Back then, it took almost twice as long for the CR-1 as it did for the K-1 but we still wanted to get married first.  Now, we are still unmarried and the K1 is taking forever!