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

[shanebullen 0]

Thanks everyone so much.

 

If we file for the CR1, are we able to travel and visit each other throughout the process?

[millefleur 5,046]

**One post and reply containing suggestion to enter and then marry and adjust status has been removed; entering the US with the intention to stay and adjust status constitutes visa fraud**

 

VJ Moderation

Edited July 15, 2020 by millefleur

[Reagbutts 4]

6 hours ago, shanebullen said:

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.

I’m in Australia I submitted my K1 in April. If I was you I would get married on your France trip and file ASAP. 
Either way you have to wait for your petition to be approved and no one in the world can tell you how long it will take. But you can travel and work as soon as you get there and at the moment spouses are more important lol 
 

[JFH 12,190]

3 hours ago, shanebullen said:

Thanks everyone so much.

 

If we file for the CR1, are we able to travel and visit each other throughout the process?

Yes. I visited my husband several times during the process. 

[Lucky2Lucky 2,526]

7 hours ago, shanebullen said:

Thanks everyone so much.

 

If we file for the CR1, are we able to travel and visit each other throughout the process?

Yes. In your situation in makes most sense  to marry and go the CR1 Route. K1 is good for those unable to travel which isn’t the case of An Australian passport. It also sounds like work is a priority which you can expect to be able to work approximately 6 months after your k1 arrival in the US. With a CR1 you can work and travel, obtain a drivers license etc practically right away. As far as processing times for both k1 and cr1 at this time really no one knows- seems like they will slow down even more if USCIS furloughs people, more shut downs happen when the second wave of Covid occurs, etc. A positive is you both have extremely “travelable” passports and can freely see each other 

[SteveInBostonI130 3,459]

I do not know the situation in Australia right now with their entry restrictions.  But if they are similar to the policies in the US, then I would advise you to marry and apply for the spouse visa.  The immediate benefit is that she will be your spouse, and spouses of citizens seems to get exceptions to travel restrictions.  At least, they are for entering the US (spouses of US citizens).  

 

So, I assume she can enter Australia as your spouse, and you can enter the US as her spouse (if travel restrictions are still in place next year).  

 

The spouse visa is less expensive overall, and currently they are processed faster.  That may change in the next few months, but with the current EOs and the restrictions of other visas, spouse visas have been given preferential/priority processing. 

 

For example, we filed in Feb of this year, was approved in May, got NVC approved in June (DQ'd), and we just received our interview schedule email (for August).  6 months total, provided the interview doesn't get cancelled.  Our case was nothing special, and we didn't expedite.  There are others in our Feb 2020 spouse visa group that have similar timelines.

 

[shanebullen 0]

1 hour ago, SteveInBostonI130 said:

I do not know the situation in Australia right now with their entry restrictions.  But if they are similar to the policies in the US, then I would advise you to marry and apply for the spouse visa.  The immediate benefit is that she will be your spouse, and spouses of citizens seems to get exceptions to travel restrictions.  At least, they are for entering the US (spouses of US citizens).  

 

So, I assume she can enter Australia as your spouse, and you can enter the US as her spouse (if travel restrictions are still in place next year).  

 

The spouse visa is less expensive overall, and currently they are processed faster.  That may change in the next few months, but with the current EOs and the restrictions of other visas, spouse visas have been given preferential/priority processing. 

 

For example, we filed in Feb of this year, was approved in May, got NVC approved in June (DQ'd), and we just received our interview schedule email (for August).  6 months total, provided the interview doesn't get cancelled.  Our case was nothing special, and we didn't expedite.  There are others in our Feb 2020 spouse visa group that have similar timelines.

 

Thanks so much!

 

If we were to get married and go the CR1 route, if she is able to get an exemption to travel to Australia due to being my spouse, would we be able to file all of the paperwork and everything from Australia, if we are both there in September?

[SteveInBostonI130 3,459]

5 hours ago, shanebullen said:

Thanks so much!

 

If we were to get married and go the CR1 route, if she is able to get an exemption to travel to Australia due to being my spouse, would we be able to file all of the paperwork and everything from Australia, if we are both there in September?

Yes.

 

Not only that, but the I-130 is one of the few forms that allows you to file online.  You guys will not have to mail in anything.  Just scan supporting documents and upload them along with the online I-130.

 

You will need to have a plan of when and where you will live in the US next year and submit some evidence towards that.  Also she will need to plan for the I-864 - affidavit of support - later on in the spouse visa process (during the NVC stage, after USCIS approval).  She will need to show a current income that will be above 125% of the poverty line.  Or you guys can line up a joint sponsor.

 

The income thing is even required for the K-1, though for K-1 the amount is less - just 100% of the poverty line.  So the income hurdle is an issue with either process.

 

 

[Lil bear 4,218]

22 hours ago, shanebullen said:

Thanks everyone so much.

 

If we file for the CR1, are we able to travel and visit each other throughout the process?

Under the current COVID environment , once you reenter Australia it is highly unlikely that you will be able to fly internationally out of Australia until  March 2021 at least .. so visiting her here in the US is unlikely .. if you marry and apply for the spouse visa she MAY be allowed to enter Australia as a spouse of  an Australian citizen .. she will have to quarantine for 14days on entry ( current cost $3000) and as a USC and resident she should be ok to leave Australia 

[Lil bear 4,218]

7 hours ago, SteveInBostonI130 said:

 

So, I assume she can enter Australia as your spouse, and you can enter the US as her spouse (if travel restrictions are still in place next year).  

 

Australian citizens are banned from leaving  Australia unless they receive an exemption. Visiting a spouse overseas is not one of the exemptions. Leaving to immigrate to another country has been successful in obtaining an exit exemption .. but that would require you to have a US spouse visa issued  and not be planning on returning 

[shanebullen 0]

16 hours ago, SteveInBostonI130 said:

Yes.

 

Not only that, but the I-130 is one of the few forms that allows you to file online.  You guys will not have to mail in anything.  Just scan supporting documents and upload them along with the online I-130.

 

You will need to have a plan of when and where you will live in the US next year and submit some evidence towards that.  Also she will need to plan for the I-864 - affidavit of support - later on in the spouse visa process (during the NVC stage, after USCIS approval).  She will need to show a current income that will be above 125% of the poverty line.  Or you guys can line up a joint sponsor.

 

The income thing is even required for the K-1, though for K-1 the amount is less - just 100% of the poverty line.  So the income hurdle is an issue with either process.

 

 

Thanks so, so much. This is all super helpful!