Need help! I was givin a process on how to start proceeding with things but unsure..

[cheese_and_kisses 0]

Ok I'm new here and new to all this...so please ...Anyways heres my story and maybe someone can help me...I met my Aussie Bloke online like most of you...we met in Sept of "06" and have been talking ever since....we immediatly knew we had a connection and are anxious to meet, and possibly get married..After doing a lil research online and trying to figure out how to start this process i contacted a lawyer here in the states who gave me a process to follow....it went something like this....starters a Passport....then he said to have him file for a Non Immigrant Visa (DS-156) and a (157) ....then the lawyer said once hes here in the states have him apply for a Change of Status (Immigrant status form I-485)...then the lawyer said... and now since hes here in the states, we fulfill the requirement of meeting with in the last two years and now i can file a petition for a Fiance visa (k-1) some how it didnt sound right to me so i called back a few weeks later and got one of the other attorney in this practice he said it should be ok...but i dont know....i have been reading all of your stories and none of which sound like mine...The reason we wanted to see if we can do it this way was obviously to help save on airfair and lets be honest who has meet the love of their lifes and want to ship em back home anyway....hehehehehe...I hope to get some helpful answers from anyone please, that might know if this process will work for us....

[payxibka 10,047]

The attorney you have spoken with doesn't understand the process...

[john_and_marlene 162]

Ok I'm new here and new to all this...so please ...Anyways heres my story and maybe someone can help me...I met my Aussie Bloke online like most of you...we met in Sept of "06" and have been talking ever since....we immediatly knew we had a connection and are anxious to meet, and possibly get married..After doing a lil research online and trying to figure out how to start this process i contacted a lawyer here in the states who gave me a process to follow....it went something like this....starters a Passport....then he said to have him file for a Non Immigrant Visa (DS-156) and a (157) ....then the lawyer said once hes here in the states have him apply for a Change of Status (Immigrant status form I-485)...then the lawyer said... and now since hes here in the states, we fulfill the requirement of meeting with in the last two years and now i can file a petition for a Fiance visa (k-1) some how it didnt sound right to me so i called back a few weeks later and got one of the other attorney in this practice he said it should be ok...but i dont know....i have been reading all of your stories and none of which sound like mine...The reason we wanted to see if we can do it this way was obviously to help save on airfair and lets be honest who has meet the love of their lifes and want to ship em back home anyway....hehehehehe...I hope to get some helpful answers from anyone please, that might know if this process will work for us....

The attorney has advised you to commit fraud.

Using a nonimmigrant visa (other than K visas or dual intent visas) to enter the U.S. with the intent to immigrate (adjust status once here) is fraudulent use of the nonimmigrant visa.

I think you should report this attorney.

Edited April 29, 2007 by john_and_marlene

[mRx 16]

If you want to take the K-1 visa route, you need to meet him and be engaged to him prior to filing the I-129f. There is no boyfriend visa.

[meauxna 15]

but i dont know....i have been reading all of your stories and none of which sound like mine...The reason we wanted to see if we can do it this way was obviously to help save on airfair and lets be honest who has meet the love of their lifes and want to ship em back home anyway....hehehehehe...I

It's hard to learn what information to trust. Here's some examples of what is wrong with what you report that the lawyer told you:

-Australians typically do NOT apply for a non immigrant visiotr visa (B-1/B-2) because they can visit with no visa on the Visa Waiver Program/VWP.

-Entering the US with a NIV with the intent to file I-485 is illegal.

-He can not file I-485 unless he is married to a US citizen (you).

-I-485 is for an Adjustment of Status, not a Change of Status. In immigration-speak, they are two different things.

-A visa (finace or otherwise) is for entering the US; if he is coming over to file for AOS, why would he then need a K-1 visa.

I'm allowing for the fact that you may have gotten some things confused, because there are a lot of different paths to the same goal, and the language is all new.

Some other random thoughts:

You don't 'save on airfair' by making plans to move half way around the world to marry someone you have not met in person. I am one of the biggest cheepos you've ever met, but that is not a place I would scrimp. Just me--do what you like.

However, you can not sponsor him to come here to marry you without having met in person first (in the past two years, anytime). And, he can't come here as a tourist with the intent to not return home. So, you'll have to meet somewhere.

To your last question---the answer is actually 'a lot'. The love of your life can turn out to be different in real life, or just as perfect. Keep your eyes open and your feet on the ground. There is time for all of it to happen.

[cheese_and_kisses 0]

ARGGGGGGGGG.....How frustrating...i had a feeling i was told wrong and im so glad i found this site...now to break the bad news to him.....i would appreciate the right process to take when doing all this any body that can post it for me or email it to me or direct me to a link that explains it in clear english...hahaha...would be helpful....i get that we have to meet first..but if all goes well i need to know what to do next.....thanks again to all that have posted....

[kitkat1 5]

Start by reading the K1 guide here: http://www.visajourney.com/forums/index.ph...mp;page=k1guide

(under "Guides" at the top of the page)

Then read here: http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

and here: http://canberra.usembassy.gov/consular/ivfaq.html#c

[cheese_and_kisses 0]

HEY...EVERYONE....i also would like to know if anyone could explain to me whats involved in just coming over for a visit then...he does have a criminal history from when he was a teen..that keeps him from being able to come over on the visa waiver program (?) i think....anyways so far he has got his passport and sent off for his criminal history report, that is being sent off to Sydney where he will have to attend his interview....can anyone tell me more about what has to be done and usually how long this takes??????

[MaydayDas 1]

yea guys first you have to meet in person and after that you can start the immigrant visa....it is the best way for you and your future fiance .

and k1 it can be your path ...........

[cheese_and_kisses 0]

yea guys first you have to meet in person and after that you can start the immigrant visa....it is the best way for you and your future fiance .

and k1 it can be your path ...........

hahahah...everyones comments on here is appreciated...thanks....im still really confused on how the process needs to happen just to get him here cuz he does have a criminal history from when he was a teen w/a drinking and driving charge when he was 21 (jail time) arggggggg.....anyways if you know any information that can help me out in that dept that would be appreciated......thanks again

katrina

[meauxna 15]

HEY...EVERYONE....i also would like to know if anyone could explain to me whats involved in just coming over for a visit then...he does have a criminal history from when he was a teen..that keeps him from being able to come over on the visa waiver program (?) i think....anyways so far he has got his passport and sent off for his criminal history report, that is being sent off to Sydney where he will have to attend his interview....can anyone tell me more about what has to be done and usually how long this takes??????

hi c&k,

thanks for the PM.. I explained that it is better to ask your immigration questions on the boards so all can assist and benefit.

first things first, you need to define the charges your fellow has and interpret them thru US law. Not all crimes prohibit you from using the VWP, so get that info and someone here can direct you to deciphering crimes of moral turpitude etc. Sometimes you must simply declare these events at the POE, but may still use the Visa Waiver.

After that is sorted, you'll know if he needs to apply for a B visa. There are great instructions on the website for the Consulate. Use the buttons at the top of the page here to go to Embassy Info and you can browse thru to the Sydney Consulate and learn lots as well as navigate to their website. You'll find details there on how long a B visa app takes.. should not take long IF he even requires one.

Fun, innit?

[MaydayDas 1]

Sorry if my comments is not helping you......maybe you want to consider you visiting your fiance? just a thought

[cheese_and_kisses 0]

HEY...EVERYONE....i also would like to know if anyone could explain to me whats involved in just coming over for a visit then...he does have a criminal history from when he was a teen..that keeps him from being able to come over on the visa waiver program (?) i think....anyways so far he has got his passport and sent off for his criminal history report, that is being sent off to Sydney where he will have to attend his interview....can anyone tell me more about what has to be done and usually how long this takes??????

hi c&k,

thanks for the PM.. I explained that it is better to ask your immigration questions on the boards so all can assist and benefit.

first things first, you need to define the charges your fellow has and interpret them thru US law. Not all crimes prohibit you from using the VWP, so get that info and someone here can direct you to deciphering crimes of moral turpitude etc. Sometimes you must simply declare these events at the POE, but may still use the Visa Waiver.

After that is sorted, you'll know if he needs to apply for a B visa. There are great instructions on the website for the Consulate. Use the buttons at the top of the page here to go to Embassy Info and you can browse thru to the Sydney Consulate and learn lots as well as navigate to their website. You'll find details there on how long a B visa app takes.. should not take long IF he even requires one.

Fun, innit?

Thanks again

your advice to stay on here is great i will do so and thanks for letting me add you.......ya know he went to the police station to be fingerprinted and his report is automatically sent off to Sydney...he doesnt even get a copy of it...he did have a count of Fraud i believe from when he was a teen (the moral turpitude that counts against him) again, this has been what i have read...but of course just trying to make sure....im really starting to feel overwhelmed with all that has to happen ahhhhhhhhhhhhh...anyways thanks heaps for keeping in touch with me

Sorry if my comments is not helping you......maybe you want to consider you visiting your fiance? just a thought

hahahah....no your comments are very welcomed..please...and im starting to think your right about going there it just seems easier...

thanks for your thoughts