K1 Fiance Visa - Will this be a problem?

[daniBR 34]

Hi everyone, I'm new to this forum and by reading some of these threads I found out my fiance and I may have a problem with our k1 application (we're June filers!)...

I'd love if you could read about our situation and let me know your thoughts!  

 

I'm the beneficiary (from Brazil), and I lived in Australia for 3 years while studying, where I have met my American fiance. We lived together in Australia for a year, both on temporary visas (student and working holiday). During our stay there, we have registered our relationship as a De Facto, for the purpose of applying for an Australian visa together, which we ended up giving up on later on. This process did not involve a ceremony or party of any kind, it was done solely for the purpose of potentially being on the same visa there.

 

Well, time went by, both of our Australian visas expired, we both left the country, he came to visit me in Brazil and we decided to start the process for the k1 visa so I could come to the U.S. We filed the application with as much evidence as we could to support our case, including the Australia De Facto Certificate. Now, will this be enough for immigration to think we're "too married" for this visa? It seems weird to me since it was done in a country where neither of us is a citizen and we don't even hold a valid visa there anymore, plus the de facto is not a marriage... I feel silly for only finding this website now that we already sent everything off, but either way, it would be nice to know what to expect when the outcome comes.

 

Thank you for reading  

 

  

[Jeanne Adil 1,651]

if u lived in austrailia within last 5 years (for over 6 months) the interview will require a criminal report from there along with the one from Brazil

others will answer the other quesitons

[Lucky2Lucky 2,526]

If this is the definition of de facto- then I don’t see how it will affect you in any way. The legal definition of a "de facto" relationship. According to the Family Law Act you are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis.

[AshMarty 360]

I have looked into this Visa with my husband (prior to marriage):

 

I would bring the definition of the visa from the government website to the interview, in case it is questioned. It is clearly stated in the de facto visa that you are NOT legally married to obtain the visa but just a long term relationship. 

 

https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/35relationship

 

What is the one year relationship requirement?

"The one year de facto relationship requirement is a criterion that must be met by applicants for the following visas who claim to be in a de facto relationship:

• a permanent visa
• a business skills (Provisional) (Class UR) visa
• a business skills (Provisional) (Class EB) visa
• a student (Temporary) (Class TU) visa
• a partner (Provisional) (Class UF) visa
• a partner (Temporary) (Class UK) visa
• a general skilled migration visa.

To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family." 

Edited August 8, 2018 by AshMarty

[geowrian 22,338]

I wouldn't mention the specific visa used in any initial filing. I would also include a printout of the official requirements for the visa obtained and "de facto" status claimed for the interview in the very rare instance they would question it.

[daniBR 34]

18 minutes ago, adil-rafa said:

if u lived in austrailia within last 5 years (for over 6 months) the interview will require a criminal report from there along with the one from Brazil

 others will answer the other quesitons

Yes, I am aware of this and will be requesting the Australian police certificate before my interview. Thank you for your reply  

 

 

15 minutes ago, Luckycuds said:

If this is the definition of de facto- then I don’t see how it will affect you in any way. The legal definition of a "de facto" relationship. According to the Family Law Act you are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis.

This definition sounds about right in my experience! I am just apprehensive because, looking at all the cases of people who had engagement parties and got their k1 denied, I keep asking myself if USCIS has their own definition of marriage and if a de facto would fall into it or not... But legally the de facto is not marriage as per this definition  Thank you for your reply!

 

 

11 minutes ago, AshMarty said:

I have looked into this Visa with my husband (prior to marriage):

 

I would bring the definition of the visa from the government website to the interview, in case it is questioned. It is clearly stated in the de facto visa that you are NOT legally married to obtain the visa but just a long term relationship. 

 

https://www.homeaffairs.gov.au/about/corporate/information/fact-sheets/35relationship

 

What is the one year relationship requirement?

"The one year de facto relationship requirement is a criterion that must be met by applicants for the following visas who claim to be in a de facto relationship:

• a permanent visa
• a business skills (Provisional) (Class UR) visa
• a business skills (Provisional) (Class EB) visa
• a student (Temporary) (Class TU) visa
• a partner (Provisional) (Class UF) visa
• a partner (Temporary) (Class UK) visa
• a general skilled migration visa.

To satisfy this requirement, the couple must demonstrate that they have been in a de facto relationship for at least 12 months before the visa application is made. For migration purposes, a person is in a de facto relationship with another person if they:

• are not married to each other
• have a mutual commitment to a shared life to the exclusion of all others
• are in a genuine and continuing relationship
• live together or do not live separately and apart on a permanent basis
• are not related by family." 

Thank you so much for your reply! We did not go ahead with any of the Australian visas we were looking into, but I agree that bringing the definition to the interview will help clarify if questioned.