Need advice :)

[Ginnygin 0]

Hello everyone  

 

My fiancé are intending to apply for the K-1 visa, however have a few burning questions and hoping you lovely people will be able to help us...

 

So here’s the story... I live in Australia and my fiancé lives in the US, however because we couldn’t bare the distance he applied for a working visa in Australia which is approved and now we have organised for him to fly out and move in with me in March 2018. 

 

My questions are;

1) Can we still apply for the K-1 visa although we are both living in Australia?

2) How does this effect the employment/sponsor questions in the visa as he is leaving his well paying job to join me here? 

 

We are really worried that him moving here now when we really don’t want to be apart 😩

[Dashinka 24,925]

If you are living together DownUnder you might want to consider doing a spousal visa (CR1/IR1) instead of a K1.  You can still do a K1, but why take the more expensive path.  As to his sponsorship of you, he will still need to meet the financial requirements of the Affidavits of Support (I134 or I864).

 

Good Luck!

[Crazy Cat 42,625]

38 minutes ago, Ginnygin said:

Hello everyone  

 

My fiancé are intending to apply for the K-1 visa, however have a few burning questions and hoping you lovely people will be able to help us...

 

So here’s the story... I live in Australia and my fiancé lives in the US, however because we couldn’t bare the distance he applied for a working visa in Australia which is approved and now we have organised for him to fly out and move in with me in March 2018. 

 

My questions are;

1) Can we still apply for the K-1 visa although we are both living in Australia?

2) How does this effect the employment/sponsor questions in the visa as he is leaving his well paying job to join me here? 

 

We are really worried that him moving here now when we really don’t want to be apart 😩

1.  Yes, but I suggest you seriously consider a CR-1.  It is less expensive, you can immediately travel and/or work after entering the US.  There is no need to adjust status after marriage.  With a K-1, it is not the case.

2. He will have to prove domicile in the US as well as proof of being able to financial support by income or a sponsor.

 

If you are going to live in Australia, you don't qualify for a Green Card.  Green Cards are for living in the US.

Good Luck.

 

[dentsflogged 352]

43 minutes ago, Ginnygin said:

Hello everyone  

 

My fiancé are intending to apply for the K-1 visa, however have a few burning questions and hoping you lovely people will be able to help us...

 

So here’s the story... I live in Australia and my fiancé lives in the US, however because we couldn’t bare the distance he applied for a working visa in Australia which is approved and now we have organised for him to fly out and move in with me in March 2018. 

 

My questions are;

1) Can we still apply for the K-1 visa although we are both living in Australia?

2) How does this effect the employment/sponsor questions in the visa as he is leaving his well paying job to join me here? 

 

We are really worried that him moving here now when we really don’t want to be apart 😩

As has been said, the CR-1 option would work fine now as you can marry when he arrives, apply for CR-1 and then wait it out together in Australia.

 

Some generic advice: be prepared to be the major income earner. 

My partner has a degree in Engineering and several years of experience.  When he was here on a working holiday visa, he applied for over 50 jobs in 5 weeks and got... zero.   Same with a friend of mine - her now-husband was here on WHV and has a degree in nuclear medicine from an Ivy League university + multiple years of experience at a well-known company in the USA - he couldn't get a single job until he got onto the Bridging Visa for his Australian Spouse visa. 

The reason for this is that the WHV that Americans get is restricted to 6 months work maximum for the same company.  Unless it's for Maternity Leave contracts (and mostly not even then) no company wants to go through the recruitment & training process for a staff member they know will have to leave in 6 months, only to undertake the same costs again later.

 

The reason that I mention the above is that regardless of going CR-1 or K-1 visa, your partner will be required to show affidavit of support and thus will need to have significant income (and the AUD to USD exchange rate will work against you guys) or have a co-sponsor lined up.

[Crazy Cat 42,625]

Here is a comparison of visas.  Disregard the K-3.  It is almost never issued. : http://www.visajourney.com/content/compare

[Ginnygin 0]

8 minutes ago, dentsflogged said:

As has been said, the CR-1 option would work fine now as you can marry when he arrives, apply for CR-1 and then wait it out together in Australia.

 

Some generic advice: be prepared to be the major income earner. 

My partner has a degree in Engineering and several years of experience.  When he was here on a working holiday visa, he applied for over 50 jobs in 5 weeks and got... zero.   Same with a friend of mine - her now-husband was here on WHV and has a degree in nuclear medicine from an Ivy League university + multiple years of experience at a well-known company in the USA - he couldn't get a single job until he got onto the Bridging Visa for his Australian Spouse visa. 

The reason for this is that the WHV that Americans get is restricted to 6 months work maximum for the same company.  Unless it's for Maternity Leave contracts (and mostly not even then) no company wants to go through the recruitment & training process for a staff member they know will have to leave in 6 months, only to undertake the same costs again later.

 

The reason that I mention the above is that regardless of going CR-1 or K-1 visa, your partner will be required to show affidavit of support and thus will need to have significant income (and the AUD to USD exchange rate will work against you guys) or have a co-sponsor lined up.

Hi!!!

 

Thanks so much for your response! You definitely confirmed my thoughts around the WHV and thank god we are kind of prepared for the difficulty finding work, my partner is a aeronautical engineer but he is very aware that this may not be something he actually does here but it does suck immensely!!! We really just want to be together so we’re still deciding between him coming here or applying for the K-1 visa and me going there... 

 

Do you know what is considered a “significant amount?”

 

Thanks so so much for your response, it really helps.

16 minutes ago, missileman said:

Here is a comparison of visas.  Disregard the K-3.  It is almost never issued. : http://www.visajourney.com/content/compare

Thank you so much for this! 

26 minutes ago, Bill & Katya said:

If you are living together DownUnder you might want to consider doing a spousal visa (CR1/IR1) instead of a K1.  You can still do a K1, but why take the more expensive path.  As to his sponsorship of you, he will still need to meet the financial requirements of the Affidavits of Support (I134 or I864).

 

Good Luck!

Thanks so much for this! 

[dentsflogged 352]

34 minutes ago, Ginnygin said:

Hi!!!

 

Thanks so much for your response! You definitely confirmed my thoughts around the WHV and thank god we are kind of prepared for the difficulty finding work, my partner is a aeronautical engineer but he is very aware that this may not be something he actually does here but it does suck immensely!!! We really just want to be together so we’re still deciding between him coming here or applying for the K-1 visa and me going there... 

 

Do you know what is considered a “significant amount?”

 

Thanks so so much for your response, it really helps.

Thank you so much for this! 

Thanks so much for this! 

I believe the income required is 125% of the poverty line - not sure if it's scaled by location or not.  It'd make sense to me (because the "poverty line" in the midwest is much lower than it is in San Fransisco), but I don't think they bother. 

 

Where in Aus do you live? I have a friend who has just started working for a company in Adelaide that works in Satellites and such, so there may be work available. Just depends on if they're hiring short term.

Edited February 20, 2018 by dentsflogged

[Adrii 208]

21 hours ago, Ginnygin said:

Hello everyone  

 

My fiancé are intending to apply for the K-1 visa, however have a few burning questions and hoping you lovely people will be able to help us...

 

So here’s the story... I live in Australia and my fiancé lives in the US, however because we couldn’t bare the distance he applied for a working visa in Australia which is approved and now we have organised for him to fly out and move in with me in March 2018. 

 

My questions are;

1) Can we still apply for the K-1 visa although we are both living in Australia?

2) How does this effect the employment/sponsor questions in the visa as he is leaving his well paying job to join me here? 

 

We are really worried that him moving here now when we really don’t want to be apart 😩

I know it's been said a few times already but I'd definitely consider that CR1 over the K1 visa if he is coming over to Aus with you. That way you guys won't need to spend anytime apart and as others mentioned he can wait out the approval with you in Australia and once it's granted you can enter the USA together and you can begin working immediately.

I'm also from Australia and my fiancé and I tossed up between the K1 and Cr1 options too ( although both have their pros and cons we chose the K1 was because I can still visit him in the USA while it's processing and with his job he's not really able to come and see me very often so the CR1 would've made seeing each other difficult)

 

All the best with everything and feel free to reach out if you have any questions

[Crazy Cat 42,625]

2 hours ago, Adrii said:

although both have their pros and cons we chose the K1 was because I can still visit him in the USA while it's processing

Cr-1 spouses can also visit the US during the process.

[Adrii 208]

7 hours ago, missileman said:

Cr-1 spouses can also visit the US during the process.

I had no idea!! So thank you for clarifying! I was under the impression the beneficiary couldn't visit the United States while they were awaiting their green card. But thanks for that info! Good to know ☺️