Spouse's Location for 90 days after marriage

[Cpratt 0]

My Australian partner and I are trying to figure out the best way to get him over to the US. 

We've been looking into the spouse visa and would have our application ready to go upon his arrival, get married then send everything through. My question is - it often takes 90 days for him to get approved to work - does he have to be in the USA during those 90 days? I know we have to interview, but could he interview at the consulate in Australia? 

 

Thanks for your help! 

[Crazy Cat 42,215]

1 minute ago, Cpratt said:

My Australian partner and I are trying to figure out the best way to get him over to the US. 

We've been looking into the spouse visa and would have our application ready to go upon his arrival, get married then send everything through. My question is - it often takes 90 days for him to get approved to work - does he have to be in the USA during those 90 days? I know we have to interview, but could he interview at the consulate in Australia? 

 

Thanks for your help! 

Your questions indicate that you need to study the process.....

1.  He can not enter the US with the intent to stay and adjust status.  That is visa fraud.

2.  For spousal visa, he MUST interview in his country.

3.  If he enters the US via a CR-1 spousal visa, he can work immediately.

 

You should read the guides here:  http://www.visajourney.com/content/guides/

[Crazy Cat 42,215]

EDIT:  the "work approval" you refer to only applies to those who are already in the US and filed to Adjust Status. In those cases, the spouse must remain in the US until advance parole is approved.  As I stated above, your fiance can not enter the US with the intent to adjust status.  However, he could enter the US, marry, then return to his country while the spousal visa was being processed.

[AshMarty 360]

Hi There,

 

   You will want to learn the processes more because it appears you are confusing two different processes and combining the CR1 and the K1:

 

I would read through the forums and figure out which process fits your needs but here is a quick: 

 

1. K1: fiance visa: takes about 8-12 months to get approved once you enter the US you have 90 days to marry then have to change status with in the US. It takes another 4-12 months to get your Green Card/ EAD/ AP depending on your local city or national office back log (most people are closer to the 6-12 month mark).

 

2. CR1: You marry then return to Australia and file the paper work. Takes about 12-14 months (ish) to get approved but you enter with a Green Card and Legal Resident Status. 

 

 

Read the link below for more details pros/cons of the two pathways: 

http://www.visajourney.com/content/compare  (I believe K3 is not longer offered) 

 

Edited February 13, 2018 by AshMarty

[AshMarty 360]

Also to reiterate the above comment: 

 

It is visa fraud to enter enter the country with intent to stay without taking the proper visa/immigration pathways. Which have been listed above. 

 

We all fell in love with someone overseas and although immigration is a frustrating, we have all been there. It just takes time to go through the proper immigration process.

 

You don't want to mess up the chance to be with the one you love. Because it happens we have all seen the posts on VJ. 

Edited February 13, 2018 by AshMarty

[pushbrk 13,099]

5 hours ago, Cpratt said:

My Australian partner and I are trying to figure out the best way to get him over to the US. 

We've been looking into the spouse visa and would have our application ready to go upon his arrival, get married then send everything through. My question is - it often takes 90 days for him to get approved to work - does he have to be in the USA during those 90 days? I know we have to interview, but could he interview at the consulate in Australia? 

 

Thanks for your help! 

The process you are describing is not a visa process.  It's Adjustment of Status.  When adjusting status, if the foreigner leaves before doing the biometrics, they will never get advanced parole and then will not get back into the US to complete the process.  You'll have to start over with a year or more long immigrant visa process.

[Ryan H 3,829]

Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.