Going through the K-1 process whilst both are abroad... is K-3 a better option??

[shanebullen 0]

Hey all,

 

Have a quick question. Myself & my current girlfriend, will be fiance within the next month or two, are moving to Australia at the end of September (fingers crossed with the current situation in the world), & would like to begin the K-1 process from there. I'm Australian & she is a US Citizen, she will be on a work holiday visa. The aim right now is to be back in Aus from roughly Sep-Apr/May, which we are hoping gives us enough time for the K-1 to have been done.

 

I guess I'm just basically wondering, if our mailing address is in Australia and we are filing all the paperwork from Aus, will that affect anything? Are we able to go through the entire process whilst both abroad?

 

Would the K-3 be a better option given our planned scenario?

 

Thanks so much!

[powerpuff 6,747]

7 minutes ago, shanebullen said:

Hey all,

 

Have a quick question. Myself & my current girlfriend, will be fiance within the next month or two, are moving to Australia at the end of September (fingers crossed with the current situation in the world), & would like to begin the K-1 process from there. I'm Australian & she is a US Citizen, she will be on a work holiday visa. The aim right now is to be back in Aus from roughly Sep-Apr/May, which we are hoping gives us enough time for the K-1 to have been done.

 

I guess I'm just basically wondering, if our mailing address is in Australia and we are filing all the paperwork from Aus, will that affect anything? Are we able to go through the entire process whilst both abroad?

 

Would the K-3 be a better option given our planned scenario?

 

Thanks so much!

I think K-1 wouldn’t make sense for your particular situation. Plus you have to file K-1 while in the US, you can’t do it from abroad. 
 

I think the best option for you would be the CR1 spousal visa. As far as I understood, K-3 is pretty much outdated and not used often these days. CR1 has the same processing time as K3 I believe.

Edited July 15, 2020 by powerpuff

[Lil bear 4,295]

3 minutes ago, shanebullen said:

Hey all,

 

Have a quick question. Myself & my current girlfriend, will be fiance within the next month or two, are moving to Australia at the end of September (fingers crossed with the current situation in the world), & would like to begin the K-1 process from there. I'm Australian & she is a US Citizen, she will be on a work holiday visa. The aim right now is to be back in Aus from roughly Sep-Apr/May, which we are hoping gives us enough time for the K-1 to have been done.

 

I guess I'm just basically wondering, if our mailing address is in Australia and we are filing all the paperwork from Aus, will that affect anything? Are we able to go through the entire process whilst both abroad?

 

Would the K-3 be a better option given our planned scenario?

 

Thanks so much!

K3 visas are rarely processed now and are for spouses to live in the US not overseas 

Australian borders are closed to all except Australian citizens and current permanent residents. 
Entry into Australia for citizens is restricted to 4000 per week .. flights are very limited. Your fiancé will not be entering Australia any time soon .. unlikely anything before March 2021. 
Those who do manage to enter are quarantined for 14 days at a government directed facility .. and you will be paying the bill .. 2-3k for  the 2 weeks. I think you need to make another plan 

[shanebullen 0]

27 minutes ago, powerpuff said:

I think K-1 wouldn’t make sense for your particular situation. Plus you have to file K-1 while in the US, you can’t do it from abroad. 
 

I think the best option for you would be the CR1 spousal visa. As far as I understood, K-3 is pretty much outdated and not used often these days. CR1 has the same processing time as K3 I believe.

Thanks for the reply! I had read some things on here where people had filed for the K-1 from abroad & others hadn't. Just wasn't sure of anything definite. 

 

So you suggest marrying here before I head home in late Sep, and then filing for the CR-1 once back home?

[powerpuff 6,747]

3 minutes ago, shanebullen said:

Thanks so much! We aren't so certain that she'll be able to get into Australia, just due to everything going on. So I guess if she isn't able to come to Australia & I am back home in Aus, would the K1 be the best option?

No problem!
 

Well what is your priority? if you want to be reunited ASAP and you don’t mind that you can’t work or travel while waiting for EAD/advance parole, then K-1 is your best bet. If being able to work right away is the priority and you don’t mind waiting longer to be reunited, then I’d say CR-1.

[shanebullen 0]

4 minutes ago, powerpuff said:

No problem!
 

Well what is your priority? if you want to be reunited ASAP and you don’t mind that you can’t work or travel while waiting for EAD/advance parole, then K-1 is your best bet. If being able to work right away is the priority and you don’t mind waiting longer to be reunited, then I’d say CR-1.

So I will 100% be heading home to Australia at the end of September. She has applied for the working visa, but unsure if that will be a likelihood of coming through in the near future.

 

So under the assumption that she can't join me back home in Aus, I'd be wanting to come back to the states in late April/May and looking to begin work ideally in May/June. So if we start the process in a month or so, that would give a rough timeline of about 8-9 months.

[payxibka 10,047]

6 minutes ago, shanebullen said:

So I will 100% be heading home to Australia at the end of September. She has applied for the working visa, but unsure if that will be a likelihood of coming through in the near future.

 

So under the assumption that she can't join me back home in Aus, I'd be wanting to come back to the states in late April/May and looking to begin work ideally in May/June. So if we start the process in a month or so, that would give a rough timeline of about 8-9 months.

Processing times are a wildcard.   8 to 9 months might be a bit optimistic.  Time will tell 

[shanebullen 0]

10 minutes ago, payxibka said:

Processing times are a wildcard.   8 to 9 months might be a bit optimistic.  Time will tell 

Yep! That is the ideal scenario. Obviously happy to wait longer if need be. Just need to figure out what the best approach is visa-wise, whether it's the K1, CR1 etc.

[carmel34 3,650]

32 minutes ago, shanebullen said:

I'd be wanting to come back to the states in late April/May and looking to begin work ideally in May/June.

A K-1, if she files a petition for you today, could take a year based on current conditions.  So maybe next July for entry to the US on a K-1.  The problem with your plan is that a K-1 requires adjustment of status after marriage in the US, with a long wait before you can work, so add at least another six months for that to your estimated timeline.  So with a K-1 you may not be able to enter the US until August 2021, and not able to work until February 2022, that's if all goes well and there are no delays, RFEs, or denials, no one can predict with any degree of certainty.  With US immigration, the timelines are very fluid and can take more or less time depending on the circumstances, so it is impossible to set dates for anything for sure.

 

For a CR-1, you first get married anywhere, then she files a petition for you.  It may take a year or more for the entire process, with the advantage that once you enter the US, let's say October 2021, you can work immediately.

 

Time to do lots more research on the options and discuss all of this with your girlfriend.  She is the one who files a petition for you, so she needs to be familiar with the options, processes, paperwork, evidence required, costs, US income required to sponsor you, US domicile, etc.  Good luck!

Edited July 15, 2020 by carmel34

[shanebullen 0]

2 minutes ago, carmel34 said:

A K-1, if she files a petition for you today, could take a year based on current conditions.  So maybe next July for entry to the US on a K-1.  The problem with your plan is that a K-1 requires adjustment of status after marriage in the US, before you can work, so add at least another six months for that to your estimated timeline.  So with a K-1 you may not be able to enter the US until August 2021, and not able to work until February 2022, that's if all goes well.

 

For a CR-1, you first get married anywhere, then she files a petition for you.  It may take a year or more for the entire process, with the advantage that once you enter the US, let's say October 2021, you can work immediately.

 

Time to do lots more research on the options and discuss all of this with your girlfriend.  She is the one who files a petition for you, so she needs to be familiar with the options, processes, paperwork, evidence required, costs, income required to sponsor you, etc.  Good luck!

Thanks so much for your help! I was under the impression that once you file for AOS, you'd be permitted to work, so thanks for clearing that up. CR1 may be the option to go!

 

Thank you!

[SalishSea 18,102]

4 hours ago, powerpuff said:

Plus you have to file K-1 while in the US, you can’t do it from abroad. 

That is not correct.

[powerpuff 6,747]

28 minutes ago, Jorgedig said:

That is not correct.

My bad. I guess what I had in mind was establishing US domicile. But that’s a whole different topic.

[Letspaintcookies 2,310]

Also take a close look at the sponsorship part no matter which visa you choose. She needs to make enough money in the US in order to do so or have a joint sponsor. The money she might make in Australia doesn't count.

[JFH 12,191]

Are you together somewhere now? If you’re ready to get married already just get married and start filing for the spousal visa. The sooner you start, the sooner you’ll have it. I don’t understand what you mean by “will be my fiancée in a few months”. Engaged is not a legal status. If you’ve decided you want to get married just do it. No need for a huge engagement scenario. 
 

A K-1 is somewhat pointless for your situation. It’s basically an over-priced tourist visa that allows you to enter the US as a tourist (no work, no study, in some states no driving) for 90 days, and then allows you to pay even more to stay permanently if you marry the petitioner. Skip all that by marrying first and then doing the spousal visa. Nothing extra to pay when you arrive, no waiting for work authorization.

[AC&MH 70]

7 hours ago, shanebullen said:

Hey all,

 

Have a quick question. Myself & my current girlfriend, will be fiance within the next month or two, are moving to Australia at the end of September (fingers crossed with the current situation in the world), & would like to begin the K-1 process from there. I'm Australian & she is a US Citizen, she will be on a work holiday visa. The aim right now is to be back in Aus from roughly Sep-Apr/May, which we are hoping gives us enough time for the K-1 to have been done.

 

I guess I'm just basically wondering, if our mailing address is in Australia and we are filing all the paperwork from Aus, will that affect anything? Are we able to go through the entire process whilst both abroad?

 

Would the K-3 be a better option given our planned scenario?

 

Thanks so much!

I filed the I129 while still living in the USA but moved overseas 3 months after it was filed and remained there until my wife's visa was completed.   You will just have to prove you maintained your domicile in the USA if you go that route.