How soon is too soon to file?

[Newhawaiki 20]

l'll (briefly try to) outline our situation here:

 

Nov. 2019: I live in Hawaii and worked in a hotel where I was a tour guide and on a tour I met the Australian woman of my dreams. I'm 26 and she's 23. After four days together we decide that we want to spend our futures together. She wants to live in the U.S. (This was before we looked seriously at any of the visa process but knew that marriage would be involved somewhere.) She was on a tourist visa in the U.S. and went back to Australia. 

 

Dec. 2019: I've been saving money all year to travel to Australia in the summer of 2020 before meeting her but because of our relationship I decided to come sooner. I quit my job and flew to Australia at the end of December where I want to stay for a few months while she wraps up her affairs and I can meet and get to know her family. 

 

Jan. 2020: I'm staying with her and her family where we are being diligent in looking at visa options and making a realistic plan. She wants to come to the U.S. as soon as possible and it looks like the K-1 visa is our best bet. I saw the financial requirements that is necessary and asked my dad if he would be willing to sponsor us which he agreed to do. 

 

One of our questions is if it's too soon to put in the K-1 petition? More specifically will it raise any red flags? Would I be giving the application to the U.S. Consulate here or I would I send it off to the U.S.? I know it will take a while to acquire all the necessary documents, especially with me being here in Australia. 

 

Thank you for any and all advice you may have for us, I apologize if I am asking any foolish questions, I would like to do everything in my power to ensure that we do everything legally and correctly.

 

 

 

 

Edited January 16, 2020 by Newhawaiki

[geowrian 22,338]

I don't see an issue filing now. It sounds like you will have plenty of time spent together by the time of the interview (months, it appears), plus are going through a low fraud consulate.

You send the I-129F to the Texas lockbox. There is no direct filing at the consulate available.

 

That said...

I suggest looking at a spousal visa (CR-1). While it does take a little longer to obtain, it is usually better suited to most couples. It grants permanent residency upon entry, which includes the ability to travel abroad (and return) plus she can work right away.

The K-1 has a number of drawbacks. She can't travel abroad (and return) without AP or a green card...currently ~4-7 months after marrying and filing for AOS to obtain AP. She can't work without an EAD or green card - the EAD taking about the same time (usually it's a combo card). In some states, she can't get a driver's license without at least an EAD. That tends to put a lot of strain on newlyweds. The K-1 also costs more in the end. The only advantage for a K-1 here is being a little faster.

I'm not saying definitely do one over the other...just suggesting to seriously consider the spousal visa route instead. Faster is certainly not always better.

[Duke & Marie 1,389]

Not really, for k1 you only have to have met once..

 

While I don’t necessarily like the whole k1 process (after entry to the USA)... I think in this instance it’s possibly a wise choice. Particularly if your thinking of filing soon.. 

 

I dont want to put the dampners on anything, but you’ve known each other a little over a month, two at most.. all backed by the whole holiday romance thing still.. you’re both young and it’s still very much the honeymoon stage of meeting.. immigration will most definitely take the sparkly away..

 

k1 is faster and will give you more opportunity to actually be together, get to know each other (during processing and after arrival) before tying the knot, marriage is a big commitment and even bigger one when you add immigration.. please bare in mind though that k1 isn’t easy financially after her arrival, no work etc until fully processed.. 

 

yes I might sound a little mean, but CR1 one takes what feels like forever, 18 months average start to finish..(see my timeline below). 18 months MOSTLY seperated is hard on any married couple let alone a new couple that is young and who barely know each other.. flying back and forth isn’t cheap either.. 7 trips for us so far and still maybe 4 months to go.. 

 

 

 

 

Edited January 16, 2020 by Duke & Marie

[DaveAndAnastasia 2,096]

Simple test to determine if it's too soon to file:

1. Do you meet all the legal requirements for the I-129F (met in-person once in the last two years, both free to marry, nothing disqualifying about either of you)? (sounds like yes)
2. Are you 100% sure you want to get married (a K-1 is not a 'try out living together visa', it's a fiance(e) visa)? (sounds like yes)
3. Have you evaluated all the relationship-based visa options available and made sure a K-1 is the best one for your situation? (sounds like yes)
4. Do you meet any special requirements for the embassy/consulate you're going through?  (Sydney is not a high fraud or high security risk country, and so does not have any unusual requirements AFAIK)

 

[SalishSea 18,117]

17 hours ago, Newhawaiki said:

I quit my job and flew to Australia at the end of December where I want to stay for a few months while she wraps up her affairs and I can meet and get to know her family. 

You do realize it will be many months, if not a year before she can come to the US on either a spousal or fiancé visa?

[Just Paul 4,595]

You can file now.   Note that you must have US domicile, or show you are going to re-establish domicile, prior to her being issued any VISA.

[eirinlinn 105]

As long as you both are single and able to legally be married. Also, you have fulfilled the requirement of meeting her in person. 

[JFH 12,191]

I’d also do the “does she really love me or just want a new life in the US” test. At least twice in your post you’ve mentioned she wants to move to the US as soon as possible. She’s already “wrapping up her affairs” So find out if it’s really you she wants, or the fact that you hold the key to her American dream. Tell her you are looking into the option of moving to Australia to be with her. It actually makes more sense since you don’t even have a job here anymore and if you bring her here on a K-1 she also won’t be able to

work for many months. Hardly a good start to married life. 

[Duke & Marie 1,389]

12 hours ago, JFH said:

I’d also do the “does she really love me or just want a new life in the US” test. At least twice in your post you’ve mentioned she wants to move to the US as soon as possible. She’s already “wrapping up her affairs” So find out if it’s really you she wants, or the fact that you hold the key to her American dream. Tell her you are looking into the option of moving to Australia to be with her. It actually makes more sense since you don’t even have a job here anymore and if you bring her here on a K-1 she also won’t be able to

work for many months. Hardly a good start to married life. 

Takes forever to get a spouse here, on average 6-7 years before they get permanent residency.. not forgetting crazy cost associated with it... $7k for a spouse visa.. hence my going to the USA or would have hubby here in a heartbeat.. 

 

highly doubt shes she’s looking for the American dream.. Australia is well on par if not a higher standard of living than the USA 

 

but yeah, very fast to know you’ve met the person of your dreams, hence my saying k1.. not often I put it before CR1.. 

Edited January 20, 2020 by Duke & Marie

[JFH 12,191]

2 minutes ago, Duke & Marie said:

 

 

highly doubt shes she’s looking for the American dream.. Australia is well on par if not a higher standard of living than the USA 

 

You’d be surprised... On forums for British people I see threads on a very regular basis of people “desperate to move to America”. Unfortunately they think this country is all Disney parks and 24-hour buffets. The most regular comment you see there is “I’ve been to Florida on holiday and I love the lifestyle”. I had people I worked with who were incredibly jealous when they found out I was moving here. And that’s people who have state-funded healthcare, a lot more paid vacation, shorter working weeks, no “at will” employment, a year off with pay every time they have a baby and many more benefits. 

[Newhawaiki 20]

 We had a discussion about me being her key to the American Dream that went well. Of course I realize I may be biased, but I don't think that she's using me primarily to come to America. Is it a bonus for her? Yes it is! I love the fact that she's Australian and we both realize that Australia has better material standards of living, but we both want to create our future in Hawaii because that's where we feel at home.

 

At the end of the day we agree that we want to be together regardless of where that has to be. We've thought of plans A-D of how we're going to achieve this. Plan A is in Hawaii. We're very lucky that my father is willing to sponsor us and that I live on family land , hence domicile is set even with me being offshore. I realize that not many people are able to be in a situation like mine and I feel very lucky and blessed and certainly do not take it for granted. 

[Duke & Marie 1,389]

5 minutes ago, JFH said:

You’d be surprised... On forums for British people I see threads on a very regular basis of people “desperate to move to America”. Unfortunately they think this country is all Disney parks and 24-hour buffets. The most regular comment you see there is “I’ve been to Florida on holiday and I love the lifestyle”. I had people I worked with who were incredibly jealous when they found out I was moving here. And that’s people who have state-funded healthcare, a lot more paid vacation, shorter working weeks, no “at will” employment, a year off with pay every time they have a baby and many more benefits. 

Yeah, I think that’s a POM thing.. they’re all jealous of us here too... sandy beaches and the sun thing gets them all excited until they take their shirts off an burn and blister... on the upside, our wildlife stands as a good deterrent, brits don’t seem to like the idea of spiders 😂

Edited January 20, 2020 by Duke & Marie

[NotPennysBoat 20]

3 hours ago, Duke & Marie said:

Yeah, I think that’s a POM thing.. they’re all jealous of us here too... sandy beaches and the sun thing gets them all excited until they take their shirts off an burn and blister... on the upside, our wildlife stands as a good deterrent, brits don’t seem to like the idea of spiders 😂

Giant cockroaches, snakes, spiders, alligators. Good thing OP's fiancee is from Australia 😂

 

My advice to OP. This is a long and (relatively) expensive process. I just started it so I cannot give much advice on the actual process, but I sat down with my fiancee and planned this decision with her for 6 months. Its a stressful ordeal especially considering you have to take care of the person entirely once they arrive in the US. You can have Travel Authorization and Work Authorization expedited in some cases, but even then the process will still take a few months.

It sounds like you are young and in love, which isn't a bad thing at all, but I would recommend you spend more time with her and plan everything. How you will earn money in the US, how you will two live, how she will earn money, your future plans, what she will do while she is waiting for EAD and Travel Auth. 

To answer your question though, as long as you meet the requirements, you should be approved. Good luck!