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threescompany

U.S. Citizen & Australian Partner with U.S. Child Move to U.S.

By threescompany in What Visa Do I Need - Family Based Immigration

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threescompany Newbie

threescompany   0

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Hello all,

 

Hope you are all doing well.

 

I am a U.S. citizen who moved to Melbourne, Australia, 10 years ago with my Australian partner. We have been living here together in Melbourne under defacto partner status. We are not married. Our son was born in Australia 9 years ago, and he's also gained US citizenship via Consular Report of Birth Abroad.

 

Now we want to move to the U.S. as soon as possible.

 

Given our situation, would it be best to pursue a K-1 visa or the IR-1/CR-1? 

 

As mentioned earlier, we are not currently married, but we could get married here in Melbourne ASAP if that is a faster or more logical option than the K-1 visa option.

 

Any helpful insight would be much appreciated.

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powerpuff Veteran

powerpuff   6,713

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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~ Moved from K1 forum to What Visa Do I Need as OP is seeking advice on which immigration route to chose ~
 

~ Duplicate thread removed. Keep all discussion on this topic in one thread ~

 

 

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Boiler Grand Master

Boiler   45,556

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Filed: K-1 Visa Country: Wales
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Marry and file CR1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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.yana Community Regular

.yana   597

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Filed: Citizen (apr) Country: Russia
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1 hour ago, threescompany said:

As mentioned earlier, we are not currently married, but we could get married here in Melbourne ASAP if that is a faster or more logical option than the K-1 visa option.

ASAP = at least a year from the filing date (but I think it's the optimistic outlook). 

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

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CMJuilland Collaborator

CMJuilland   485

Posted
Filed: Citizen (apr) Country: Switzerland
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Posted

I would also say, marry and go the CR1 route. Yes, it might take slightly longer than the K1, but you’ll be an LPR with full rights to work and to a SSN right upon entry into the country. The slight edge K1 has in terms of faster processing when we’re talking 1-2 years is not worth it anymore. If you can, I would marry and get the application together so it can start processing. As far as I know, you can start the process while the petitioner still lives abroad, but I will let more experienced folks speak to that.
Good luck with everything! 

ROC: 

12/30/2019 package sent to Texas Lockbox via USPS 

12/31/2019 package arrived at Texas Lockbox 

01/02/2020 package signed for

01/04/2020 $680 charged on credit card

01/06/2020 text message and email with case number received

01/09/2020 extension letter received; notice date: 01/03/2020

02/22/2020 biometrics appointment letter received 

03/06/2020 biometrics appointment 

08/09/2021 I-751 approved

08/16/2021 Green Card received

 

Naturalization:

12/29/2020 application filed online and receipt number received 

01/04/2021 hard copy NOA1 received 

02/27/2021 electronic biometric reuse letter received

09/19/2021 interview scheduled - electronic notice received 

09/27/2021 hard copy interview notice received (issue date: 09/21/2021)

10/27/2021 interview (10.40am), approved

11/06/2021 oath ceremony (7.30am) 

 

I AM A U.S. CITIZEN!!!!! 

 

Passport:

11/08/2021 appointment at USPS (2.00pm)

11/16/2021 money order cashed, passport “in process” (locator 69)

12/02/2021 approved and shipped

12/04/2021 passport book delivered

12/13/2021 passport card and NC delivered 

 

 

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carmel34 Experienced

carmel34   3,635

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Filed: Citizen (apr) Country: Brazil
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Posted (edited)
12 hours ago, threescompany said:

Now we want to move to the U.S. as soon as possible.

It will not be fast, whether you get married and file for a CR-1 or do K-1 it will be 1-2 years before a visa is issued.  CR-1 is by far the superior option, which is why so many recommend CR-1 as the immigrating spouse can work, get a driver's license, and travel outside the US immediately on entry to the US.  A couple of issues to consider would be 1) have you been filing US tax returns with the IRS for the years you have lived in Australia?  This is required for all US citizens, regardless of country of residence, based on your world-wide income.  If you have not done this, you can file for prior years now.   2) if you get married and file an I-130 petition now, you will have at least 6-12 months while waiting for the petition to be adjudicated to establish US residency or gather documents to show intent to re-establish US domicile, and also to either return to the US and find a job for sponsorship purposes or find a qualified joint sponsor in the US.  For most couples, this means a period of a few months living apart during the final stage of the visa approval process.  You can also use assets for financial sponsorship.  Look up the I-864 on the USCIS website so that you know more about the financial sponsorship and US domicile requirements.  The I-864 is not needed until the National Visa Center (NVC) stage of the process, after I-130 petition approval.  Good luck!

Edited by carmel34
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SalishSea Grand Master

SalishSea   17,842

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Filed: Lift. Cond. (apr) Country: New Zealand
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On 1/20/2022 at 1:47 PM, Coco8 said:

Living together for so long, you might be "too married" to do a fiance visa because you are not in a typical fiance situation. That's in addition to the other disadvantages of K1 over spousal visa.

I can't see that ever happening for Australia.  Couples cohabitate all the time.

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